After 13 years of marriage, Debbie and Phil
Pilgrim's divorce was as close to pain-free as
possible.
No bitter custody battle. No fights over money. No
ugly courtroom scenes.
"I was expecting the worst going in, and it
wasn't that way at all," said Debbie Pilgrim, an
airline passenger service representative from Hurst.
"And I truly believe it was because of the way it
was handled."
The Pilgrims are among a growing number of Texas
couples who are choosing what some lawyers describe as
a "kinder, gentler," more civilized approach
to ending a marriage.
A year ago this month, the state family code was
amended to allow collaborative divorce as an
alternative to conventional civil court procedures.
Texas is the first state to codify collaborative law
for divorce, a process that can save couples thousands
of dollars and help them avoid a legal blood bath.
Fort Worth lawyer Dick Price predicts collaborative
law will catch on during the next decade, largely
because it allows parties to resolve personal issues
privately.
"There are very few people who want to get on
a witness stand and be torn up by the other attorney
or who want to spend their life savings paying lawyers
to fight over things," said Price, who organized
Collaborative Lawyers of Tarrant County.
The association of about 25 attorneys is committed
to a nonadversarial approach to divorce.
"Very few people want to expose their personal
secrets in court," Price said.
Some legal experts predict that the approach
eventually will revolutionize divorce in Texas, but
it's still too early to know how many of the state's
25,000 family lawyers will offer it. There are no
educational requirements to offer collaborative law,
but most lawyers attend training programs.
The process can work even when couples are angry,
attorneys said, but they must be able to talk about
everything from custody arrangements to financial
settlements.
"It will not work in every case, but it will
work in a lot of the cases," said state Rep. Toby
Goodman, R-Arlington, author of the collaborative
divorce law. "I think in time it will take over
50 percent of divorce practices."
Consensus
The key to collaborative law is cooperation. In a
typical scenario, each party is represented by his or
her attorney, and the four of them agree in writing to
reach a settlement without going to court, said Diane
Wanger, a Bedford lawyer who practices collaborative
law.
"You have four people trying to come up with a
solution that will benefit both parties," she
said. "If someone feels wronged, if they want
revenge, this is not going to work."
Only after both parties reach a settlement does a
judge get involved, and then only to sign the orders
required by law.
When a couple is unable to reach a settlement, they
may take their case to court, but the lawyers for both
sides must withdraw. New lawyers are then hired to
litigate the case.
One of the things that makes collaborative law
different from litigation is the presumption that
everything is going to be upfront, no hidden bank
accounts or agendas, said Fort Worth lawyer Zoey Meigs.
"It's got to be where they trust each
other," she said.
Couples who opt for the new process tend to be
well-educated, married more than 10 years and have
assets worth protecting, said Sandra Burns, a Dallas
lawyer and collaborative law trainer.
"These are usually people who are business
savvy and just cut to the chase," Burns said.
"They know how much is in the 401(k) and the
retirement fund, and they can reach a reasonable
agreement on their home's equity."
Often couples who agree to a collaborative divorce
expect to have an ongoing relationship after the
marriage is over.
"They know they're going to end up at funerals
together and end up at weddings together," she
said. "They just don't see any point in putting a
lot of salt on the wound."
When Angie and Pat DiFonzi opted for a
collaborative divorce, they found the new process took
some of the sting out of ending their 32-year
marriage.
"It took a lot of the cloak-and-dagger out of
things," said Angie DiFonzi, an airline employee
from Euless. "It was more like a normal
conversation. Everyone got to say what they wanted to
say, and it felt very open."
That openness is one of the main reasons why some
family law lawyers have embraced collaborative
divorce. It's also one of the reasons why others are
resistant to it.
"I think there's some skepticism because it is
new, and it's not really what lawyers are there
for," Meigs said. "It sounds a little too
touchy-feely."
Lawyers are ethically bound to zealously represent
their clients, she said. By cooperating, some feel
that it lessens the aggressiveness of their
representation.
"They feel like their hands are kind of
tied," Meigs said.
Instead of speaking for a client, the collaborative
divorce lawyer encourages the clients to voice
concerns themselves. If there is an impasse, the
couple and their attorneys agree to hire one expert
witness and split the cost.
The DiFonzis said their attorneys helped them
resolve issues and complete their divorce after about
six meetings.
"When things hit a stumbling block or got too
emotional, the lawyers were good at bringing us back
to what we had to work on," she said.
"Everyone involved wanted to do what was the
reasonable and fair thing."
Such divorces often are easier on children and
spare them the emotional turmoil of being dragged
through the system, Price said.
Saving money
By reducing paperwork, court time and some lawyer
fees, collaborative law often ends up costing couples
considerably less than a contested divorce.
The average divorce in Texas costs $18,000,
according to Accord Median Services. But in contested
property cases with custody issues, couples can spend
$200,000 or more, Goodman said.
"Ninety percent of family law cases are
settled just short of a trial," said Goodman, who
has practiced law since 1974. "But a lot of them
are settled after contentious hearings and after the
payment of expert witnesses, all of which this would
avoid."
Legal fees for collaborative divorce are 10 percent
to 30 percent of the total costs of a typical divorce,
according to Lawyers Weekly USA based in
Boston.
"For the same amount of money someone spends
as an initial retainer to get a temporary order,
someone can get a collaborative divorce," Burns
said.
Yet collaborative law does not automatically mean
divorce lawyers will earn less. Burns said she can
process five or six collaborative divorces in the same
time it takes one case to go all the way to trial.
Perhaps most significantly, divorce lawyers said
that in a field filled with negativity, this is
something they can feel good about.
"It's a quality-of-life issue," Wanger
said. "I want to feel I am doing something
positive."
Debbie Pilgrim's collaborative divorce turned out
better than she had expected.
"We got to make decisions about our own fate
as opposed to having it dictated by the courts,"
she said.