What specific type of divorce is best for my situation? A divorce may be
either litigated or collaborative.
A litigated divorce is one that
authorizes a judge to make the decisions. If the parties cannot agree on the terms of the divorce, then
it will be necessary for the divorce to be litigated.
On the other hand, a collaborative
divorce is one in which the parties of the divorce make the decisions. A
litigated divorce may be either a fault or a no-fault divorce.
Whether your divorce
is categorized as a fault or no-fault case will be dependent on its specific
issues.
If neither party of the divorce is at fault, then the divorce will be a
no-fault divorce. If one of the parties is at fault, then it will be considered a
fault divorce. A fault divorce may be the basis for an unequal distribution of the
property.
A collaborative divorce is a process in which the parties attempt to
resolve the divorce without a judge meaning that the parties to the divorce proceedings will not need the
judge to make their decisions. With a collaborative divorce the parties and
their attorneys consent, (this consent must be in writing), to use their best efforts and to make a
good faith attempt to agree on the terms of their divorce.
However, it will be required that the court
approves of the settlement agreement. Most divorce proceedings are
resolved through a negotiated or mediated settlement agreement and not through
a litigated divorce proceeding. Once I have determined the issues of the divorce, I
will discuss your options with you.
Possession and Access
With which parent should a
child reside?
The Texas Family code provides that “the best interest
of the child shall always be the primary consideration of the court in
determining the issues of conservatorship and possession of and access to the
child.”
Visitation
How often will the
non-custodial parent visit with the child?
“Public policy” encourages both parents to have frequent and
continuing contact with their child.
However, if the
parents are not able to agree on visitation, then generally the Standard Possession Order
applies.