Why Your Divorce Process Matters
How you choose to end a marriage can affect your parenting relationship, finances, and emotional well-being. In Texas, the two most common approaches are:
- Collaborative Divorce – A team-based, out-of-court process.
- Litigation – The traditional, court-driven, adversarial process.
What Is Collaborative Divorce in Texas?
Governed by the Texas Collaborative Family Law Act, collaborative divorce is voluntary — a court cannot order participation. Both spouses and their collaboratively trained attorneys sign a participation agreement to negotiate in good faith. If it fails, both lawyers must withdraw before litigation.
Meetings typically include both spouses, their attorneys, and agreed-upon neutrals such as financial or mental health experts.
Key Points:
- Timeline: Often 3–6 months, plus the 60-day Texas waiting period.
- Cost: Less than contested litigation but more than basic mediation.
- Privacy: Communications are privileged (with statutory exceptions); court filings are public unless sealed.
Control: Spouses design their solutions.
What Is Divorce Litigation?
Litigation begins when one spouse files a petition in court. It can involve discovery, hearings, settlement conferences, and trial.
Key Points:
Timeline: 6–18 months or more.
Cost: $15,000–$30,000+ with children.
Public Record: Filings/testimony are public unless sealed.
Outcome: Judge (and sometimes jury) decides.
Side-by-Side Comparison
Feature | Collaborative Divorce | Litigation |
Average Timeline | 3–6 months | 6–18+ months |
Estimated Cost | $5,000–$20,000+ | $15,000–$30,000+ |
Decision-Maker | Spouses | Judge (or jury) |
Privacy | Privileged communications (exceptions apply) | Public record |
Team | Attorneys + neutrals | Opposing attorneys + experts |
Conflict Level | Cooperative | Adversarial |
Co-Parenting Impact | Cooperative focus | Often strained |
Pros & Cons of Collaborative Divorce
Advantages:
Reduced hostility.
Child-centered flexibility.
Confidentiality.
Faster resolution.
Drawbacks:
Requires trust.
Team fees can be high.
If it fails, must restart with new counsel.
Emergency protective orders granted without consent end the process by law.
Pros & Cons of Litigation
Advantages:
Court can compel compliance.
Discovery tools uncover hidden assets.
Protective orders available.
Drawbacks:
Higher cost and time.
Public record.
Strains co-parenting.
Cost Snapshot
- Mediation: $200–$500/hr; free in some cases via Bexar County Dispute Resolution Center.
- Collaborative: $5,000–$20,000+.
- Litigation: $15,000–$30,000+ with children.
- Filing Fee: $350 (no kids) / $401 (with kids).
Key Questions
- Can you commit to open disclosure?
- Do assets require court authority?
- Is there a history of abuse?
- What are your co-parenting goals?
- Will investing in neutrals now save time later?
FAQs
- Is it binding? Yes, if it meets statutory requirements.
- Switch mid-case? Yes, with agreement; deadlines can be stayed.
Refusal? Litigation (and possible mediation) is the default.
Takeaway
Collaborative divorce offers privacy and control; litigation offers court authority and formal processes. Choose based on conflict level, asset complexity, and co-parenting goals.