Sometimes a Collaborative Divorce Does not work

 If you watch the recent debate between President Trump and Joe Biden; you would wonder if the world could ever agree on anything.  Divorce is a lot like the Presidential Election Year.  There are two ideas that support one union and must work together to preserve it or at least let it continue to function in a healthy way.  However, just because these two ideas are not compatible together; they still must compromise to allow both parties to function.

A collaborative divorce is an option many parties should consider when their marriage is at the point of needing to be dissolved.  Both parties should hire a lawyer trained in collaborative practices.  They also need to utilize the help of experts, like a divorce coach, financial neutral and child custody professional.

The goal is that the parties will be able to resolve their divorce or family law matter outside of the court.  If they reach an agreement, they can submit settlement paperwork to the judge to end their case which can save the parties a lot of money.

Unfortunately, sometimes collaborative divorce does not work.  They might try in good faith to settle, but sometimes, parties come impasse.  Sometimes they cannot come to common ground which is acceptable to both of them.

When this happens, parties might have to turn to alternative solutions such as:

·         The parties might need to take a break and then reconvene at a later date.  After more thought and deliberation they might ultimately reach a settlement.

·         Arbitration could be an option where they can resolve their case outside of court.  However, whatever the arbitrator renders is a decision that is binding.  A downside to arbitration is that parties do waive their appeal rights.

·         At times the parties might need a change in personnel which may result in better communication and ideas that might assist the parties in settling.

·         There is still a possibility that the parties may have to go to court.  The truth is that while parties may want to settle their divorce or family law matter, a settlement is not always possible.  In these cases, going to court and having a judge decide the outcome is still an option.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

 

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

 

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, Best Lawyers, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.