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Family Law
The Law Office of Lauren Gaydos Duffer, P.C. handles all aspects of family law, including without limitation, divorce (uncontested and contested), custody modification, grand parent's rights, and paternity adjudication.
When people think of family law they often think of the horrible stories they hear from their friends or the movie War of the Roses. It used to be that the only choice a family had was to go to the court to resolve their family disputes. In Texas, there is now another choice for families to resolve their disputes called collaborative law. The Law Office of Lauren Gaydos Duffer, P.C. focuses its family law practice on collaborative law.
What is Collaborative Law?
Collaborative law is a holistic method of handling family disputes, where the parties agree that they will not use the court, but instead will each retain an attorney and work together to try to resolve their family matter. The parties sign a participation agreement (i.e. a contract) stating that if they decide to use the court to resolve their dispute, their attorneys will each have to withdraw from the case and they will have to retain new counsel to represent them in their litigated matter.
There are several different methods of collaborative law. One method is called the collaborative team model. In the collaborative team model, a neutral mental health professional and/or a neutral financial professional are retained by the clients. These professionals are neutral and do not represent either party; however, the neutrals do serve an invaluable role in any collaborative law family dispute. A second method is the traditional collaborative model, which involves the two clients and the two attorneys with no neutral professionals.
What Are the Benefits of Collaborative Law?
There are many benefits to using collaborative law to resolve your family disputes. Some of the most common benefits are:
1. Control Over the Process
Collaborative law gives you 100% control over the process. Every meeting is held by joint agreement of the parties. In addition, as long as the clients remain in the collaborative process, the Court cannot interfere with the case for two years.
2. High Level of Confidentiality
Collaborative law affords you a high level of confidentiality that you cannot get in litigation. When you are involved in litigation, you may have a hearing and be forced to air out your family's business in the presence of strangers and maybe even your neighbors. In collaborative law, you do not go to court for any hearings, other than the final hearing to prove-up your divorce, and all information exchanged and all discussions are confidential.
3. Control Over the Outcome
Collaborative law gives you the opportunity to decide what is best for your family and your family's specific needs. The Texas law provides certain minimum guidelines for child support, spousal maintenance, and parenting time; however, the minimum guidelines may or may not be in the best interest of your family. In collaborative law, the clients make the decisions about what is in the best interest of their family and you are not bound by the minimum standards of the Texas law or the decision of the Judge who does not know you or your family.
4. Focus on Family
Most importantly, collaborative law focuses on families. Litigation tends to pin families against each other. If you think of the dynamic of the court, each client sits at a different table and their attorneys do the talking for them. It is the opinion of The Law Office of Lauren Gaydos Duffer, P.C. that this dynamic can be hurtful to families not helpful.
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