Law Office of
Brandy Baxter-Thompson

Collaborative Law Overview

Collaborative law is a solutions-oriented process aimed at helping maintain relationships during and after a divorce. These relationships can be especially important when children are involved, and collaborative law helps both parties keep their obligations while moving on with life.

The origins of collaborative law are in a 1990 letter from a Minnesota attorney to a Minnesota Supreme Court Justice. (Ironically, the letter is dated February 14!) The letter outlined an idea of establishing a process that would deliberately create a settlement climate from the beginning. The idea was praised and collaborative law was founded. It was brought to Texas in January 2000 by family law attorneys John McShane and Larry Hance.

In 2001, the Texas legislature codified the collaborative law process in the Family Code. Under section 6.603 of the Texas Family Code, a divorcing couple and their attorneys may agree in writing to conduct the dissolution using collaborative law procedures. The parties agree to use their best efforts to resolve the divorce without any court intervention and the attorneys agree to not represent the parties as litigation counsel except to approve a settlement agreement.

The role of an attorney in a collaborative divorce is different than in a litigated divorce. In a litigated divorce, the lawyer battles the other party with the goal of obtaining as much as possible for his or her client. Sensitive topics and issues can be aired in the courthouse for anyone to witness. In a collaborative divorce, while still the client's advocate, the attorney becomes more of a counselor and guide. The process is completely confidential - the Final Decree of Divorce can be written to reference an Agreement Incident to Divorce, which allows most of the divorce terms to be kept out of the court's public records.

95% of divorces filed in Texas will not result in a final trial. Nevertheless, 100% of the cases an attorney handles in a divorce must be prepared as if you are going to court. The collaborative divorce dispels with costly preparation for trial. Thus, the process requires transparency by all the parties, which facilitates a better result for all involved. Also, when children are involved, the process takes some of the sting out of the divorce so the parties have a chance at having a healthy co-parenting relationship afterwards.

A collaborative divorce is about determining the goals of each party and helping model a solution that fits within both parties' goals. It is important that both parties involved in a collaborative divorce commit to work honestly, respectfully, and in good faith in order to come to an agreement that benefits both parties.

In the collaborative law process, both parties agree not to take the disagreement to court and are prohibited from doing so. If, however, one party decides that the collaborative law process is not working and court would be a better option, both parties must find new legal counsel before proceeding.

Collaborative law is continually growing in popularity due to several reasons:

• It allows spouses to maintain a positive relationship during a divorce by emphasizing honesty and mutual respect,
• It is helpful in sparing children from having to observe a painful litigation process,
• The parties focus on resolution rather than fighting, and
• They are afforded a lot more creativity and flexibility in crafting a final agreement to suit their needs.

Finally, collaborative law is not just available for the divorce process - it can be used to facilitate a solution for any family law matter, including modifications to the divorce decree.

Dallas attorney Brandy Baxter-Thompson offers legal counsel in a number of family law issues including divorce law, child support, child custody law, and collaborative law, as well as probate services including wills and estate law. Brandy Baxter-Thompson offers legal counsel in Dallas County, Collin County, and Rockwall County and in Dallas, Rockwall, and Plano.