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Note that divorce information given in this section cannot take the place of independent, legal or financial divorce advice. Please read our disclaimer.

 

"How is a collaborative-law settlement different from a settlement reached in a traditional case?"

In the vast majority of cases, the parties settle their differences out of court; in collaborative law, however, one can reach a more complete settlement. In both instances, the legal issues of property division, child custody, child support, and visitation can be settled. But neither the legal system nor the traditional mediation process can help the family restructure itself and plan for post-divorce life. Collaborative law focuses on reaching a complete settlement that will allow the parties to better face the next stage of their lives.

Mediation is usually a step in litigation. In litigation, the parties hire their respective experts and line up their witnesses to prove their cases in court. They focus on proving the other side wrong and "winning" their case, and also on what the result will be in court if no settlement is reached. A mediated settlement can give the parties little more than a court can order -- a property division and a schedule of times each party spends with the children.

Patricia Baca is a collaborative family lawyer in Fort Worth, TX. She can be reached at (817) 535-2859. View her website and that of the Tarrant County Collaborative Professionals.

Tuesday, May 15
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Out With the Tragedy: Turning Divorce into a meaningful experience
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