How Should You Proceed With Your Divorce?

If you have made the decision to divorce, the question becomes how to proceed. While every divorce case is the same in regard to child-related and property-related issues that need to be addressed, each divorce case is also as different and unique from another as the parties, their respective attorneys, the particular court in which the case is pending, their children, and the property and debts involved.

In some instances once the divorce is filed, or in some instances even before the divorce has been filed, the parties may decide it is in their best interest emotionally and financially, to set aside (as much as possible) any anger and bitterness they may have and attempt to avoid the time and expense of protracted litigation.

Settlement, Mediation or Collaborative Divorce Procedures

In many instances people find that they can save themselves a great deal of time, money and emotional upset by attempting to settle their divorce case informally through informal settlement discussions with full and complete disclosure of all assets and liabilities. In some instances informal settlement may be accomplished through mediation, which is a formal negotiation process conducted with the assistance of an experienced mediator. It has been our experience that in order to increase the chances for a successful mediation, one should select a mediator who is well respected and whose personality is compatible with the attorneys and the parties, and who is well suited to understand and appreciate the issues of the particular divorce case.

In many cases we encourage the parties to consider utilizing the Collaborative Divorce Procedures set out in the Texas Family Code. The Collaborative divorce is a more sophisticated process in which the parties sign a Collaborative Law Participation Agreement and file a Notice of Collaborative Law Procedures with the court. This way the parties are able to proceed at their own pace, which is particularly beneficial to people who have large or more complex marital estates and for professionals or others who have the kind of business and professional obligations that require the kind of time and flexibility that the typical docketing schedule of the Court does not allow.

Going To Trial

It has been our experience that, with the assistance of good divorce attorneys who are experienced, and understand and appreciate what needs to be accomplished in order to help their clients through the divorce process, most divorce cases will be settled with the parties reaching an agreement as to all issues concerning their children and property, without the necessity of spending a day (or even several days or weeks) in a trial before the Judge or jury.

Unfortunately, however, there are instances in which the parties are simply not able to set aside their differences and reach an agreement, or perhaps they are able to reach an agreement as to some but not all issues. It then becomes necessary for the Judge or Jury to decide any of the unresolved "contested" issues over which the parties cannot seem to agree.

Although we encourage you to attempt to reach an agreement, we understand and appreciate that it may not be bale to reach an agreement, and if that is the case we are very capable of preparing your case for trial and conducting the trial of your case at the Courthouse.