The Collaborative Divorce process in The Woodlands and Montgomery County has several stages, but you might notice they are quite different from the stages of a contested divorce. The stages of a Collaborative Divorce are:

1. Determining your goals and interests;
2. Information gathering;
3. Development of settlement options to achieve your goals;
4. Evaluation of the options; and
5. Negotiation of the settlement.

Which Process Do You Prefer?

Collaborative Divorce is a valuable alternative if you want to avoid an unpredictable court fight with your ex-spouse. Speak with a Woodlands Collaborative Divorce Attorney today and learn about your options to achieve your goals.

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The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Spring, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. The Collaborative Divorce Agreement
2. What Is Collaborative Divorce?

If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator’s choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days’ written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable;

(2) each year beginning on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation;

(3) if the possessory conservator:

(A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or

(B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;

(4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

(5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

Is The Standard Order Right For You?

The Standard Possession Order is what it is, a standard order that may or may not be appropriate for your child and for you. It is not perfect, and in some cases it may be flat out wrong. Unfortunately many judges rely on the standard order when they are left to make a decision on visitation. If you want to keep this vital decision in your hands and not the hands of a judge that knows nothing about you then Collaborative Divorce may be an option for you. Speak with a Woodlands Divorce Attorney and start working towards your goals today.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Spring, Montgomery, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. The Standard Possession Order Part 1
2. Parental Rights During Visitation
3. What Is A SAPCR?

When will your ex-spouse get to see your child?

These are very important questions for anybody going through divorce in Montgomery County, Texas. Whenever possible, your Woodlands Divorce Attorney will work to reach an agreement that you can be satisfied with. If your divorce attorney cannot negotiate an agreement with your ex-spouse then the final decision will likely be made by the divorce court judge. In those cases, the judge will be guided by the Standard Possession Order that lawmakers put in place as presumptively in the best interest of your child (whom they know nothing about).

For Parents Who Reside 100 Miles or Less Apart

(a)  If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1)  on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday except that, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, the weekend periods of possession specified by this subdivision that occur during the regular school term shall begin at the time the child’s school is regularly dismissed and end at 6 p.m. on the following Sunday; and

(2)  on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., or, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child’s school is regularly dismissed and ending at the time the child’s school resumes, unless the court finds that visitation under this subdivision is not in the best interest of the child.

(b)  The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession.  The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1)  the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years;

(2)  if a possessory conservator:

(A)  gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or

(B)  does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;

(3)  if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

(4)  if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days’ written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

Is The Standard Order Right For You?

The Standard Possession Order is what it is, a standard order that may or may not be appropriate for your child and for you. It is not perfect, and in some cases it may be flat out wrong. Unfortunately many judges rely on the standard order when they are left to make a decision on visitation. If you want to keep this vital decision in your hands and not the hands of a judge that knows nothing about you then Collaborative Divorce may be an option for you. Speak with a Woodlands Divorce Attorney and start working towards your goals today.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Spring, Montgomery, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. The Standard Possession Order Part 2
2. What Is A SAPCR?
3. Alcoholism and Child Conservatorship

Texas law states a collaborative divorce agreement must include provisions for:

(1) full and candid exchange of information between the parties and their attorneys as necessary to make a proper evaluation of the case;

(2) suspending court intervention in the dispute while the parties are using collaborative law procedures;

(3) hiring experts, as jointly agreed, to be used in the procedure;

(4) withdrawal of all counsel involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute; and

(5) other provisions as agreed to by the parties consistent with a good faith effort to collaboratively settle the matter.

Items #1 and #4 usually attract the greatest attention. Secrecy and trying to “pull one over” on the other party are destructive to the collaborative process so a full exchange of information is required from both parties. It is also important to note that if you are unable to reach an agreement in the collaborative process then your collaborative attorney is forbidden from representing you in any future divorce litigation – this applies to both parties.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. What Is Collaborative Divorce?
2. The Collaborative Divorce Stages

Collaborative divorce is a new concept to many families confronted with going through a divorce, but it has been creating successful resolutions to divorce cases for many years. Collaborative divorce may be appropriate where both spouses are committed to reaching an agreement outside of the courtroom and can communicate openly and honestly. If either spouse is determined to take the other for everything they have then collaborative divorce is not an option. If you can work together to avoid the nightmare that a contested divorce going through the courts can occasionally become for both spouses and any children involved then collaborative divorce may be for you.

What Is Collaborative Divorce?

The key difference between a collaborative divorce and a courtroom divorce is the pledge by both spouses to reach an agreement before going to court. You and your spouse keep control of the decisions yourselves, rather than giving it up to a judge or jury. In order to achieve this goal, all of the parties to a collaborative divorce consent in writing to be part of a respectful process that leads to an out-of-court agreement. With a collaborative divorce, the goal is to develop effective relationships, solve problems jointly, and prevent a court battle. This often helps parents work together better in their new roles with children.

How Do You Begin the Collaborative Divorce Process?

It begins with self-respect. Respect for yourself and for each other is fundamental to a successful collaborative divorce. You may not be married any longer but you are still worthy human beings. When respect is given and received, discussions are likely to be more productive and an agreement reached more easily.

Once you are in the proper mindset speak with a collaborative divorce attorney to begin the process. If you are uncertain if your spouse will participate in the process, your collaborative divorce attorney can contact your spouse and invite them to join the discussion which will require they hire their own collaborative divorce attorney. It is very important the attorneys both of you choose are equally committed to the collaborative process. For example, bringing a litigating “shark” to a collaborative divorce is almost certainly going to lead to a break down in the process.

When you are ready to begin, speak with a Collaborative Divorce Attorney in The Woodlands today and begin moving towards a new future.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. The Collaborative Divorce Agreement
2. The Collaborative Divorce Stages