Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / From the Firm / Comparing Collaborative Divorce to Litigated Divorce

Comparing Collaborative Divorce to Litigated Divorce

April 29, 2015 By Staff - s.r. Leave a Comment

DivorceHow do you decide whether a collaborative divorce or a full blown litigated divorce, that is to say going to court, is the best option?   The following blog originally appeared on the Denton County Collaborative Professionals website.  Our goal is to help couples at facing the reality of their marriage ending to understand that there are options for a divorce that go beyond the typical stereotype of a nasty fight.  So how do you decide, here are some factors that may help to make the decision about the best route to choose.

It is difficult to determine whether collaborative divorce is the right choice for obtaining your divorce if you have never been a party in a contested lawsuit.  Litigation has common threads regardless of whether the case is one involving divorce, breach of contract, products liability or medical malpractice.  All litigated cases have scheduling orders that require certain things to be done within a specified period of time. These include but are not limited to, written discovery, depositions, designation of expert witnesses, amending pleadings, filing motions, exchanging exhibits and scheduling hearings.

Since the attorneys handling the case must comply with the Court’s scheduling order, they are in charge of the litigation and the parties are not.  The attorneys’ job is to develop the case for trial so that all proof needed is admissible in Court and so that the client’s best case may be presented.  This requires the attorney to subpoena documents and take depositions of the parties and witnesses.  In addition to identifying all assets and debts of the parties in a divorce case, the attorneys will develop testimony under oath to blame the other party or destroy their credibility if it helps their client’s position at trial.  It should be noted that all documents filed with the Court become a public record.  The nature of this process creates tension and anxiety among the parties which usually spills over to the children.

In contrast, a collaborative divorce is private and does not involve any court proceedings other than the filing of a basic petition and a brief, final hearing before a judge to sign the decree.  There are no depositions, written discovery, hearings or filed motions.  The blame game is not a part of the process and the exchange of relevant information is required but, the timeline for production is controlled by the parties. If experts are needed in the areas of finance, communication or formulating a parenting plan, they are jointly retained as neutral consultants for both parties.  This process allows the parties to preserve some alliance with family and friends and to lay a foundation for an amicable future relationship with the former spouse and children.

With a collaborative divorce, the parties and their attorneys work together to identify the goals, interests and concerns of each party.  All relevant information is gathered so the parties can develop options to divide the marital estate and put a parenting plan in place.  This allows the parties to retain control over the process and to make informed decisions along the way.  With litigation, the parties lose the ability to control the process.  They also lose the ability to control the final outcome if the case is tried to a judge or jury.

With litigation, the attorneys’ fees which are paid can be viewed as a true cost of doing business.  With collaborative divorce, the attorneys’ fees should be viewed as an investment in future relationships and knowledge gained about the financial implications of the marital estate.   For additional information regarding collaborative divorce, I recommend consultation with an attorney who has been specifically trained in the process. One of the best sources for a list of trained collaborative divorce is the Denton County Collaborative Professionals website.  collaborativedivorcedentoncounty.org.

 

By Frank G. Lyle

Springer and Lyle, LLP

April 1, 2015

Filed Under: From the Firm

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Top Five Things To Look For When Hiring A Personal Injury Attorney

Many lawyers hold themselves out as personal injury attorneys, but what are the top 5 things to look for in hiring a personal injury lawyer?  You’ll find all of those qualities here … [Read More…]

Will Not Wearing A Seat Belt Affect My Personal Injury Claim?

Wearing a seat belt can save your life, but can it also save your personal injury case?  If you’re hurt in a car accident that’s not your fault, you would like to be compensated for your … [Read More…]

Why are Truck Accidents on the Rise in Texas?

According to a report by the American Trucking Association (ATA) released in October 2017, there is a serious shortage of truck drivers nationwide. ATA estimated the shortage would be 50,000 by the … [Read More…]

Drowsy Driving Accidents

According to the National Highway Traffic Safety Administration in 2015, over 100,000 motor vehicle crashes are directly attributable to driver fatigue every year. Those are only the drowsy driving … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in