Collaborative divorce touted as cheaper alternative to standard divorce
The collaborative divorce option has gained popularity in Texas and across the United States in recent years, partly because of the claim that it costs less than a conventional divorce.
March 19, 2014
Collaborative divorce touted as cheaper alternative to standard divorceArticle provided by Law Office of Lori Watson
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The collaborative divorce option has gained popularity in Texas and across the United States in recent years, partly because of the claim that it costs less than a conventional divorce. While there is a lack of data to prove that assertion, lawyers and others familiar with the process agree that collaborative divorces normally result in financial savings.
Texas billionaire oilman T. Boone Pickens agrees that collaborative divorce saves money. After experiencing the method first-hand, Pickens has publicly acknowledged this and other benefits of collaborative divorce.
Nevertheless, those considering the collaborative method should be aware that it is not suitable for all couples. It requires the active engagement of both divorcing spouses and a willingness to approach difficult issues in a constructive and flexible manner.
Proponents of the collaborative divorce model claim it saves divorcing spouses money
Advocates of collaborative divorce explain that this option normally costs less than a divorce obtained in the standard way (through litigation), largely because the collaborative method does not involve paying lawyers to prepare for and participate in court proceedings. The non-profit organization that promotes collaborative divorce in this state, the Collaborative Law Institute of Texas, asserts that collaboration is "a more cost-effective process" than a standard divorce.
An article on collaborative divorce in U.S. News and Word Report includes estimates (provided by a proponent of the method) of the relative costs: while a standard divorce costs "between $15,000 and $30,000," the average cost of a collaborative divorce is $7,500. However, a more complex collaborative divorce - requiring the services of financial planning experts and other professionals - can result in much higher costs.
Texas billionaire experiences and supports collaborative divorce
One prominent advocate of collaborative divorce is the Texas billionaire T. Boone Pickens. According to an article in the Dallas Business Journal, Pickens and fourth wife Madeleine Paulson used the method to negotiate their 2012 divorce.
Pickens claims that using the collaborative process saved him "several million." He also states that the approach encourages cooperation and "keeps everything on a high level."
Collaborative divorce requires civility and cooperation
However, experts agree that the collaborative approach to divorce is not suitable for every couple. Because the divorcing spouses must negotiate their own settlement agreement (with the guidance of their attorneys and the assistance of other professionals), a certain level of civility and cooperation is required. Where there has been spousal abuse, or where communication between the spouses has completely broken down, the collaborative process is unlikely to yield a satisfactory result.
Couples approaching the dissolution of their marriage should consider collaborative divorce. An experienced family law attorney who has received training in the collaborative approach can answer questions. Also, he or she can offer advice on the appropriateness of the method in relation to a particular set of circumstances.