06 Aug Can Collaborative Divorce Help My Family Resolve Things Before the Holidays?
If you are already dreading a custody fight around the holidays, you are not the only one. Every fall, Texas couples start thinking seriously about finishing a divorce before the first holiday season apart. Collaborative divorce is one path built for exactly that kind of timeline.
What Collaborative Divorce Means in Texas
Collaborative divorce is a structured process where each spouse hires their own attorney trained in collaborative law, and everyone signs an agreement to resolve the divorce without going to court. Instead of filing motions and waiting for available hearing dates, both spouses and their attorneys meet directly to work through decisions about property, support, and children. This is a different path than mediation, another option some Texas couples consider outside of court.
Why Timing Matters If You Want to Be Done Before the Holidays
Family courts get busier as the year goes on. Hearing dates can be weeks or months out, depending on the county, and a divorce case still moving through the court calendar in November is often not finished by December.
Starting a collaborative process now, while there is still runway left before the holidays, gives a family its best realistic chance of reaching an agreement instead of carrying an unresolved case into the first holiday season apart.
How the Collaborative Process Moves Faster Than Litigation
- Meetings are scheduled around both spouses’ calendars instead of a court’s docket
- Disagreements get worked out directly with both attorneys in the room, rather than through separate filings and hearings
- There is no waiting on a judge’s ruling for issues both spouses already agree on
- The pace is set by the family, not by how backed up the court happens to be
Collaborative divorce only works when both spouses genuinely commit to the process. If either spouse decides to litigate instead, most collaborative agreements require the collaborative attorneys to step aside so new litigation counsel can take over. It is not the right fit for every case, particularly ones involving family violence or hidden assets.
What Collaborative Divorce Requires From Both Spouses
- Full and honest disclosure about finances from the start
- A genuine willingness to negotiate, rather than posture for a future trial
- Patience for a process built around meetings rather than motions
- Separate attorneys trained in collaborative law representing each spouse throughout
Eric Navarrette, the Board Certified shareholder at Navarrette Family Law, previously served as Director of the Denton County Collaborative Professionals and is a member of the Collaborative Law Institute of Texas. His background in both courtroom litigation and collaborative law shapes how the firm evaluates whether a case is actually a good fit for this approach.
Is Collaborative Divorce Right for Your Family?
Collaborative divorce tends to work best for couples who can still communicate, even if the marriage is ending, and who want a private, specific process rather than a public court fight. For families hoping to protect their children from conflict during the holidays specifically, it is worth a serious look.
It is not automatically the right choice for every situation. The honest answer depends on your specific circumstances, which is exactly the kind of thing worth talking through before you decide.
This article is general information about Texas family law. It is not legal advice about your specific case.
If you want to know whether there is still time to resolve your case before the holidays, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.