Kirker Davis LLP is a boutique family law firm in Central Texas with a focus on high-end family law cases. We handle divorces involving professionals, family-owned businesses, custody matters, and complex litigation. The Firm’s core business philosophy is based on fidelity to the practice of law and a commitment to client service.
We are committed to providing concierge level family law services to truly make a difference in our community
While divorce may be a long and emotionally taxing process, many couples understand that divorcing will make both spouses better off. For these agreeing couples, divorce does not have to be difficult. Collaborative divorce offers couples the ability to reach amicable agreements through constructive negotiations and save immense time and money as a result. Despite both parties agreeing to work together, it is still imperative that any divorcing couple find qualified legal representation so that their best interests remain protected.
At Kirker Davis LLP, our attorneys believe that collaborative divorce can be a worthwhile option for divorcing couples to settle the terms of their separation. However, if this process is not handled properly, a spouse can risk losing out on property, investments, and money. Our qualified collaborative divorce attorneys are dedicated to ensuring that every divorce case we handle ends in a fair division of assets and debts and that both parties are satisfied with their divorce.
Unsurprisingly, the divorce process is simplified when couples agree on the core aspects of the split. These couples are able to effectively utilize collaborative divorce and use mediation and negotiation tactics to settle the terms of the divorce without the need for a long drawn out legal battle. Collaborative divorce offers many benefits for couples who choose to use it with some of the most common benefits include:
It takes two consenting parties for collaborative divorce to be effective, and while collaborative divorce does offer many attractive benefits, it may not be right for every couple.
Collaborative divorce is a legal process that is an alternative to the traditional divorce process. In a collaborative divorce, the spouses who are divorcing are not adversarial parties. Instead, they agree to work together to resolve their divorce issues out of court.
When spouses cannot agree on an issue in a traditional divorce, the court will intervene, and the spouses must present their arguments in court. Once spouses agree to a collaborative divorce, they agree to avoid court litigation. They commit themselves to engage in the divorce process with the goal of reaching agreements on various legal issues, so there is no need for litigation.
Each spouse still needs their own divorce attorney throughout the collaborative process. These attorneys provide guidance to the divorcing parties about their rights and whether a particular agreement is in their best interests. The attorneys also commit to the collaborative law process, so they work to do whatever it takes to resolve the case out of court.
Not every law firm that handles family law matters in Austin, TX, handles collaborative divorce cases, so you want to seek help from a trained collaborative divorce attorney if you are considering this path for your divorce case. It is important to have a lawyer who is as committed to the process as you are.
When you engage in collaborative divorce, you make a choice to be an active participant in the divorce process and maintain control of your future – instead of leaving it to the courts to decide. To learn more about this option, do not hesitate to reach out to our legal team at Kirker Davis today.
The collaborative law process begins when two divorcing parties decide they want to avoid court litigation. They then each find law firms that work with clients throughout the collaborative process. All four parties – each spouse and their respective attorneys – sign a collaborative divorce agreement. This agreement states that they all commit to this process and, should the process fail, the attorneys will need to withdraw from the case. This means that each spouse will need to start over with new lawyers for the rest of the divorce process.
In Texas, all community property owned by spouses must be divided in a fair and just manner. The first step is determining and agreeing on which property is separate and which is community. Each spouse can keep their own separate property, and then they will need to decide how to divide their community property.
Community property can involve the family home, vacation or rental properties, all financial accounts, retirement savings, personal property, vehicles, business interests, and debts. Deciding how to divide your community property can be complicated and might require much negotiation.
Texas law refers to child custody as conservatorship, and this family law matter involves parents dividing both physical time with their child as well as decision-making authority for important issues in a child’s life. Often, parents can agree to joint conservatorship, and they will just need to nail down the specifics of the parenting schedule and parenting plan. However, when one parent wants greater conservatorship rights than the other, it can be a more difficult issue to settle.
Texas uses standard child support calculations with few exceptions, so this is often a fairly straightforward issue in a divorce. However, spousal support (also called maintenance or alimony) is another story. Few spouses want to continue to support someone else following a divorce, but spousal support is appropriate in many cases.
If one spouse needs support because they earn significantly less or they have been out of the workforce, the issue will then be how much support is necessary and for how long. These are matters your attorneys will help resolve in a collaborative divorce.
Your attorneys will have additional resources available to help resolve these issues, including financial experts, real estate experts, child or parenting experts, occupational experts, and more. These individuals can serve as part of the greater collaborative divorce team to help you and your spouse reach resolutions on each important issue in your divorce case.
Once you reach an agreement on all necessary matters, your attorney will present your settlement to the proper court, which can then incorporate your terms into your divorce decree.
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