We certainly endorse the view that is occasionally noted by family law commentators — that is, other attorneys, family law counselors and researchers, as well as media authors focused on marriage and divorce — that a one-size-fits-all divorce style and strategy is essentially fiction in Texas and elsewhere across the United States.
Flatly unique characteristics and circumstances define every family and divorce. Some divorces are all about the kids, with others being centrally focused on property division matters. Some entail child or spousal support considerations, with others being affected by abuse that has occurred within a family.
Given that, one divorce might proceed pursuant to scorched-earth tactics engaged in by both spouses in a family law court, with a judge stepping in frequently to rule on motions and issue orders. Conversely, another might be marked by more civility and seek to purposefully avoid judicial intervention to the fullest extent possible.
A recent article focused on divorcing couples over the age of 50 notes that special considerations that can attach to that demographic make many of its members likely to eschew rigid formality and pursue their divorce through a process that seeks to skirt the courtroom.
Specifically mentioned is the alternative dispute resolution (ADR) process termed as collaborative divorce, through which divorcing parties often exercise far more control than is the case with a formally litigated case. Another type of common ADR vehicle is mediated divorce, which similarly allows for a divorcing couple to exercise great autonomy and control throughout the divorce process.
The above-cited article explains why recourse to ADR and a non-litigated divorce makes sense for many older couples. Employing an ADR technique and process to divorce can be a particularly well-considered move in cases where couples are focused on an equitable distribution of retirement savings and other assets and also seek to retain a sense of amicability and family harmony following divorce.
An experienced family law attorney (especially one who is a certified mediator) can discuss the benefits of a collaborative or mediated divorce with a client, especially for many older divorcing couples.