Adversarial and Collaborative Approaches

There are two approaches to divorce in Texas- the traditional adversarial proceeding and the more recent collaborative law model.

In both approaches, each party's attorney is their advocate- protecting their rights and working toward the best settlement possible.

"Adversarial" refers to each party's advocate taking a competitive position during the proceedings- in negotiations, mediation and, if necessary, trial. This approach can also include competing experts and challenges to the other party's claims and evidence.

Collaborative law replaces some of the key aspects of the adversarial approach with processes that allow spouses and their advocates (attorneys) to proceed as a team. Information and experts are shared more freely in an environment of respectful communication. There is a shared commitment to reach a mutually-beneficial settlement.

The collaborative process can be more private, less stressful and more economical. However, if the process fails, the parties have the right to switch to an adversarial approach, using new attorneys.

Please contact me to discuss how best to proceed in your case.

Return to Preparing for Divorce.

 

I understand that divorce is both a legal and personal process.

My job is to manage the legal process to protect and extend my client's interests- allowing them the room to address the personal issues.

 

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Unless otherwise indicated, attorneys listed in this site are not certified by the Texas Board of Legal Specialization.

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Ms. Asher practices Family Law and Collaborative Family Law in Harris County, Ft. Bend County and Montgomery County, Texas.