Collaborative Law

Control Your Destiny in Divorce Through Collaborative Law

Collaborative law divorce represents an efficient and effective alternative to traditional litigation. Though not for everybody, the collaborative process can save you time, money, stress and uncertainty on every issue that your divorce or other family law problem might present. To learn more about the power of the collaborative approach, contact Texas family law attorney Holly Schymik, Attorney, Mediator & Collaborative Lawyer in Dallas.

How does collaborative law work in a divorce case?

Collaborative law is a process that depends on the commitment of both spouses and their lawyers to resolve their divorce issues without going to court. While a judge will still sign off on the final divorce decree, child custody and support arrangements, property settlement, and other stipulations.  In collaborative cases, the parties settle their disputes through negotiation instead of litigation. Through a series of team meetings that typically include attorneys for both parties, a financial advisor and a mental health professional, the parties work to come to an agreement on difficult issues.

Although either spouse is free to withdraw from the collaborative law commitment at any time, the initial collaborative agreement specifies that the original attorneys must withdraw from the case if they do. The expense and delay of retaining new counsel give both spouses a powerful incentive to try to make the collaborative law process work. The professionals working in the collaborative law setting are all committed to reaching each party's goals and finding win-win solutions.

Holly Schymik if currently the vice-chair of  and has been closely involved for many years with Collaborative Law Dallas, an association of attorneys, financial advisers, mental health professionals, and other experts who are committed to the objectives and procedures of collaborative law. Her experience and understanding of this process can help you get the most out of a collaborative divorce and realize its benefits.

What are the benefits of the collaborative approach in divorce cases?

The parties can also expect to save money in comparison to a highly-contested litigation. Collaborative law can be very cost-effective where contested issues make an uncontested divorce impossible. The greatest expense in most divorce cases involves the litigation and appeal of contested issues that need to be resolved in court. In a collaborative divorce, the parties invest that energy at a fraction of the financial cost toward achieving negotiated agreements on all outstanding issues. Other benefits of collaborative law include:

• Control of the timing of your case and negotiation sessions — you're not at the mercy of the court's calendar.
• More certainty of results — you can always control the terms of an agreement, but you never know what a judge is going to do.
• Less stress — as the collaborative case goes on, most clients develop a sense of control and hope for the future.
• Protection of your privacy — none of the materials prepared for a negotiation session will be public documents.
• Access to professional resources — the proper resolution of parenting and children's issues, complex property division problems, or even alimony questions often depends on expert opinion in court; in collaborative law, the spouses can share expert resources in a way that's impossible in litigation.

Collaborative law isn't right for everyone, but it's important to understand that personal hostility between divorcing spouses is usually no barrier to its success. A collaborative approach can also be effective in negotiating prenuptial or postnuptial agreements, resolving post-decree relocation issues, or addressing other family law matters.

To learn more about the benefits of collaborative law and whether it's right for your situation, contact Holly Schymik in Dallas.