| Austin
Real Estate Guy
Divorce is a word that most people don't like,
but that everybody knows. One thing that is frequently a result
of a divorce is the sale of a family home. In a traditional litigated
divorce, the home sale can get pretty messy and ugly. The divorcing
parties often fight about price, how to show, who will occupy
the residence, etc. The outcome many times is not one that maximizes
value for the divorcing parties.
Enter a term new to me until today: collaborative
divorce, which is a part of collaborative family law. Collaborative
law is different than litigation in that the parties don't go
to court. The collaborative law process tries to help both sides
remain safe and more in control. The collaborative process most
often involves a team of neutral parties who work with both sides
as guides.
During a collaborative divorce, each party can
meet with a team that often involves neutral lawyers, communication
specialists and financial advisors. In the beginning of the process,
both parties and their attorneys agree that neither party will
take an issue to court. Both parties also agree to share information
freely, whether it is requested or not. This gets people away
from the traditional discovery process. The collaborative divorce
process also seeks to protect the interests of all who are affected.
This includes both spouses and the children, if there are any.
Collaborative divorce focuses on trying to see
that both parties treat each other with mutual respect. This not
only benefits both spouses, but also the children, who see their
parents treating each other with decency rather than fighting.
Another important thing about a collaborative divorce is that
keeping it out of court means that the information about the divorce
remains private.
When it comes to the sale of the family home,
collaborative divorce is much better than a litigated divorce
in my opinion. As a REALTOR®, dealing with a couple in the
middle of a litigated divorce can be terribly difficult. The lack
of agreement on price, upkeep of the house and yard, showing the
house and the rest of the process can be extremely stressful.
Many REALTORS® will refuse to take a listing in a litigated
divorce situation because it is so stressful.
Selling a home when doing a collaborative divorce
is easier on everyone. The husband and wife have already agreed
to cooperate. They have the advice of neutral professionals to
help them understand the process and agree on terms. These professionals
will try to help find a REALTOR® who will price and market
the home according to the state of the market. In a litigated
divorce, some homes are often priced from an emotional point of
view rather than seeing what the market is saying.
During a collaborative divorce, the decisions
are made by both husband and wife with the help and guidance of
neutral parties. It isn't one against the other. The neutral professionals
make sure both parties are fully aware of details, options and
consequences. They make sure that the husband and wife make mutual
decisions that benefit both appropriately. This can help make
the sale of a family home, which is hugely emotional anyway, much
easier than if the issue was taken to court.
Article Directory: http://www.articlecube.com Sam Chapman is
a REALTOR® licensed in the state of Texas who has lived and
worked in the Austin area for 20 years. Sam and his team can help
with purchases of waterfront homes, downtown condos, land and
homes in all parts of Austin. For information about www.austinrealestateguy.com/"
target=_"blank">Austin Real Estate, contact Sam.
Visit the Collaborative Law Institute of Texas.
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