Contents of this Page
Introduction -- Types of Divorce
Civilized DivorceSM
Collaborative Divorce
Introduction to Divorce
Civilized DivorceSM Pledge
Introduction -- Types of Divorce
Civilized DivorceSMSometimes it's necessary to "go to war" to get a fair result in a divorce. But most of the time people just need some legal help untangling their lives and going about the rest of their lives. With my business background and general nature, I am able to help the overwhelming majority of my clients achieve an agreed divorce, instead of relying on strangers to dictate the terms of divorce. I will do what I can to help divorcing spouses remain friends, or at least associates who can get along. I will do everything I can to keep the children from becoming pawns in a game they don't want to play. I will help the parties reach a fair result.
Before you come to see me, please download this form, print it out, fill it out, and bring it with you to our consultation: dvint.pdf
There are several approaches we can take to your divorce. First, if you and your spouse are able to agree on all the terms of divorce without intervention of attorneys or mediators, this is the fastest and cheapest way to get divorced. I have written a workbook to help you and your spouse make all the necessary choices, and I give it away free to my new divorce clients. If you and your spouse complete all of it and return it to me promptly, I can guarantee you my lowest fee. Also, I guarantee that you will be divorced within 67 days of the filing of the petition.
Collaborative Divorce
First, it's important that you recognize that "Collaborative Divorce" is not just another way of saying "Friendly Divorce," "Uncontested Divorce," or "Agreed Divorce." There's a separate section of the Family Code for Collaborative Divorce, with entirely separate rules and procedures.
If you and your spouse really don't want to go to war, but can't reach an agreement without help, or if the situation is complicated enough that both sides need lawyers or other experts, the tool I prefer is Collaborative Divorce. The purpose is to make divorce less combative and more cooperative. Most of the work in reaching an agreement is through a series of "4-way" meetings of both spouses and both lawyers. In order to assure that everyone remains committed to reaching a peaceful settlement, the lawyers will sign agreements that if the client decides to go to trial (that is, to break off the settlement effort), the lawyer must withdraw and the client must find a new lawyer.
The parties agree to provide each other with all the information necessary for everybody involved to work toward a win-win settlement. Because the parties voluntarily provide the information, there is less hostility in trying to compel the other side to do something. The lawyers change roles from preparing for trial into facilitating a settlement.
Collaborative Divorce may or may not include mediation. If the parties reach an agreement without mediation, then, of course, mediation is not necessary. However, if the parties are unable to reach an agreement, it may be useful to schedule a mediation to help the parties settle. If they do not settle by the end of mediation, then all that is left is trial. In Collaborative Divorce a trial may only be reached if both parties fire their lawyers and hire new counsel, allowing a reasonable time for the new lawyers to get up to speed. This provision guarantees that the Collaborative Divorce lawyers will do everything they can to get the parties to settle without going to trial.
Collaborative Divorce is an option. I will represent you in a conventional agreement, or I will represent you under a Collaborative Divorce Agreement. The choice is yours. However, if you wish to try Collaborative Divorce, it is essential that your spouse hire a lawyer who is equally committed to Collaborative Divorce. I can refer your spouse to an attorney who is trained and committed to Collaborative Divorce.
Collaborative Divorce is not for everyone, even for folks who plan to be agreeable. Collaborative divorce is not the quickest, fastest, cheapest way to get divorced:
Civilized DivorceSM Agreed but not Collaborative |
Collaborative Divorce |
|
| Attorneys | Other side may choose to do without an attorney, may choose just to get a consultation on the proposed decree, or may hire an attorney to represent them | Both sides must have attorneys, and both attorneys must be trained in collaborative divorce. |
| Professional Fees | Attorney(s) paid only to advise the client, prepare documents, and go to court to finalize divorce. I usually quote a flat fee and do not require a retainer. | In addition to duties at left, attorneys are also paid to attend settlement conferences, called "4-way meetings". It's hard to imagine a flat fee agreement that would be fair to client and attorney. Other professionals are more likely to be retained, such as financial advisers, counselors, and business valuation experts. |
| Time Frame | Quickest process if the parties reach an agreement quickly -- petition filed to final decree signed in as little as 67 days, if the parties desire. Attorneys and the judge have tools to move the case along if one side is not cooperating. | Seldom results in a minimum time-frame divorce. An uncooperative spouse can really drag the case out. Nobody, not even the judge, can force the case to move along for two full years, unless they break out of the cooperative model, fire both attorneys, and proceed with the litigation model. |
Following are some links to other sites about Collaborative Divorce, Collaborative Law, and Collaborative Family Law. Be aware, however, that Collaborative Divorce means slightly different things in different parts of the country. For example, in some areas Collaborative Divorce means involvement of a number of other professionals, such as child psychologists, investment advisors, therapists, accountants, and others. These professionals can be used in Texas Collaborative Divorce, but they are not all needed as a matter of routine.
Collaborative Divorce may not be the cheapest, fastest way for you to get divorced, because it requires both sides to have attorneys, and requires one or more meetings with both attorneys on the clock. If you think you and your spouse can reach an agreement without a meeting with both attorneys present, it'll be less expensive to do what I call Civilized DivorceSM.
The Collaborative Law Institute
Fred A. Rico, Attorney at Law, Collaborative Law Frequently Asked Questions (FAQ's)
The Coalition for Cooperative Divorce
Introduction to Divorce
Within a divorce, several things must be established. First, of course, the marriage itself must be dissolved. Second, there must be a property division, establishing ownership of property acquired during the marriage and determining responsibility for repayment of any debts incurred during the marriage. If there are children, custody and visitation must be established, as well as the amount, method of payment, and means of enforcement of child support. There may be a need for temporary restraining orders, injunctions, or protective orders.
Civilized DivorceSM Pledge
Folks often don't know whether their divorce is going to be contested or not, so it's difficult for me to quote a flat fee. I have developed a Civilized DivorceSM Pledge which the parties can sign. It's not binding in a court of law, but it's a promise that everyone will try to keep tempers down and try to reach an agreement. Think of it as a "play fair agreement" or "don't make me hurt you." Click here to view the Civilized DivorceSM Pledge.
