Common Questions Divorce Clients Ask – How Important Decisions Get Made
Many clients want to know what is required by the state of Texas under a statute versus what they can agree to by creative thinking, which is often one of the benefits of a collaborative divorce. For example, I always remind everybody that when it comes to property division, there’s no set rule, and you can evaluate things that are liquid versus illiquid in order to come up with the best solution for everybody.
Some people have more cash flow needs than they do asset needs, hard assets. Also, there’s all the discussion about custody arrangements and the flexibility of those that are available outside of a courtroom that are not available through a judge no matter how creative that judge tries to be. That leaves all of these decisions to be made by the couple with the creative assistance of a team that has seen dozens and dozens of unique solutions applied to different situations.
In a collaborative divorce, it is the couple that ultimately makes the important decisions in the case.
In a litigated case, it is the judge that will make those decisions. A judge that ultimately doesn’t have as clear an understanding of the situation as the couple themselves. In mediation, the mediator has one goal in mind… to settle the case. If the mediator is able to wear down one side or the other during the mediation then the case gets settled. But the settlement is often not what ultimately could have been decided by the couple if they are the ones making those important decisions. The primary benefit of a collaborative divorce is that the people making the decision are the ones that will have to live with that decision. It is a better final result, when a divorce case is handled collaboratively.
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