Is a Collaborative Divorce the Best Option for You?

A collaborative divorce might be the best option for individuals who decide to go through a divorce.  It is an option that can allow parties to resolve their matters outside the courtroom.  This can greatly reduce fees as well as animosity and might even allow parties to co-parent better in the future.

This is an option that many parties should consider before ever engaging in litigation.  A Collaborative divorce will not work in every instance, but it might work in more instances than many may think.  However, to make a Collaborative Divorce work, both parties must be completely honest for it to work.  Everything must be put on the table.

There are some things that one party might want to withhold, but it will only complicate the process if both parties are not completely honest.

Some might be focused on the result that they want to get in the case. Thus, they might be tempted to withhold critical financial information in the collaborative process. The withholding of financial information could encompass a litany of items, including a new job opportunity, a potential pay raise or promotion, some commission income they stand to make in the future, etc.

Others might want to withhold their various motivations for the result they want in a case. In other words, they might want a particular regarding child custody or property division. However, they might want to keep their true motivations for that child custody or property division resolution to themselves because they might worry that if their soon-to-be ex-spouse knew their real motivations, they would never agree.

If both parties are not going to be completely honest about their true interests (versus just their positions), an amicable result in the collaborative process is rarely possible because the position may make little sense to the other. Further, if a result were to be reached in collaborative divorce, but it was based on misrepresentations or omissions, litigation may commence soon after the collaborative divorce because the other party may feel duped. Trust may also be breached such that effective co-parenting counseling may not be possible.

It will be vitally important to consult with an attorney if this is the best option.  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, 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.