{"id":1411,"date":"2012-01-31T10:54:55","date_gmt":"2012-01-31T16:54:55","guid":{"rendered":"http:\/\/www.austindivorceworkbook.com\/?page_id=1411"},"modified":"2017-11-24T20:33:08","modified_gmt":"2017-11-25T02:33:08","slug":"agreed-and-contested-options","status":"publish","type":"page","link":"https:\/\/www.austindivorcehelp.com\/agreed-and-contested-options\/","title":{"rendered":"Agreed and Contested Options Video"},"content":{"rendered":"<p>\nThis video discusses the options that you and your spouse have for making the big decisions in your divorce. We&#8217;ll talk about the difference between agreed and contested divorces.\n<\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/player.vimeo.com\/video\/244410053\" width=\"640\" height=\"480\" frameborder=\"0\" webkitallowfullscreen mozallowfullscreen allowfullscreen><\/iframe><\/p>\n<h2>Go to the Next Video in the Divorce Seminar Series<\/h2>\n<p>\nGo on to the next video discussing <a href=\"\/next-steps\/\">the next steps for you in your divorce<\/a>.\n<\/p>\n<p>\n<a href=\"\/next-steps\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2054 alignnone\" title=\"Next Steps\" src=\"\/wp-content\/uploads\/2012\/02\/next-steps.jpg\" alt=\"Next Steps\" width=\"150\" height=\"113\" \/><\/a>\u00a0<a href=\"\/next-steps\/\">Next Steps Video<\/a>\n<\/p>\n<p>\nThere is a complete list of all the videos in the <a href=\"#divorce-seminar-videos\">Divorce Seminar Series Videos<\/a> at the bottom of the page.\n<\/p>\n<h2>About this Agreed and Contested Divorce Options Video<\/h2>\n<p>\nWe\u2019ve discussed the big decisions that you and your spouse will have to be making about your property, your children and spousal maintenance. At this point, there&#8217;s one question you need to consider&#8230;\n<\/p>\n<h3>How will you and your spouse make these decisions? <\/h3>\n<p>\nWhen it comes to making these big decisions, you and your spouse will handle it in one of two ways.\n<\/p>\n<ul>\n<li>Agreed<\/li>\n<li>Contested<\/li>\n<\/ul>\n<p>There are several options along either of these two paths, and we\u2019ll cover each of them in more detail.<\/p>\n<h3>Agreed \/ No Nonsense\u2122 Divorces<\/h3>\n<p>\nIn our office, we call this a No Nonsense\u2122 Divorce. It\u2019s a unique process in that we give you tools and resources that you and your spouse can use to work through the big decisions in your divorce on your own. The more that you and your spouse can work out on your own, the less you have to pay to lawyers.\n<\/p>\n<p>\nI do want to point out that just because you and your spouse choose to work through the issues on your own, it doesn&#8217;t mean you don\u2019t have support. Experienced legal advice is available with all of our No Nonsense\u2122 Divorce Plans if you need it.\n<\/p>\n<p>\nThe primary tool we use is our <b>No Nonsense\u2122 Divorce Workbook<\/b>.\n<\/p>\n<p>\nIt\u2019s a step-by-step guide to working through the issues of your divorce on your own.\n<\/p>\n<p>\nIt also explains what the most common options are for these issues.\n<\/p>\n<p>\nIt\u2019s very easy to understand and complete because it\u2019s written in plain English (not Legalese) and it has convenient fill-in-the-blanks and checkboxes you can use to provide your answers.\n<\/p>\n<p>\nWe have No Nonsense\u2122 Divorce Service Plans that cover a wide range of needs. On one end we can draft the documents for you and coach you so you can handle the rest of the divorce process on your own&#8230; To the other end where we provide you with full blown representation.\n<\/p>\n<h3>Contested Divorces<\/h3>\n<p>\nContested divorces are for those couples that are unable or unwilling to reach an agreement on their own. If you are headed down the path of a contested divorce, you have several options you can use to try and make those big decisions.\n<\/p>\n<h4>Attorney Negotiated <\/h4>\n<p>\nIn many cases, the simple step of adding attorneys to the negotiation can be all that was necessary to allow you and your spouse to come to an agreement on the big decisions. This isn\u2019t unusual in situations where a couple\u2019s ability to communicate effectively has deteriorated. Sometimes, negotiating through your lawyers can go a long way towards finding a resolution.\n<\/p>\n<h4>Mediation<\/h4>\n<p>\nThere are two different types that we\u2019ll talk about.\n<\/p>\n<p>\nMediation without Lawyers is also called early intervention mediation. It\u2019s essentially an assisted settlement negotiation where neither you nor your spouse are represented by individual lawyers. The mediator is there to help the you reach an agreement and does not take sides.\n<\/p>\n<p>\nIt&#8217;s important to understand that mediators are ethically prohibited from giving legal advice to either party. So, even though you may have an attorney as your mediator, he or she cannot give legal advice.\n<\/p>\n<p>\nMediators are not always lawyers, so if you decide to use a non-attorney mediator, you may run the risk of reaching an agreement that isn\u2019t legally enforceable.\n<\/p>\n<p>\nMediation is typically done in half day or full day sessions. If you are able to reach an agreement, you&#8217;ll typically sign a Mediated Settlement Agreement (or an &quot;MSA&quot;) which outlines the agreements you&#8217;ve reached. Once it&#8217;s signed, it&#8217;s considered binding, and we&#8217;ll usually draft a Final Decree of Divorce that outlines exactly what the MSA says.\n<\/p>\n<p>\nYou also need to be aware of the fact that the Texas State Bar says it is unethical to have a lawyer that mediated for you and your spouse also draft your Final Decree of Divorce.\n<\/p>\n<p>\nIn Lawyer-Assisted Mediation, you and your spouse are both represented by your own lawyers.\n<\/p>\n<p>\nThere is also a neutral third-party mediator. The mediator does not offer legal advice and he or she does not represent either one of the parties.\n<\/p>\n<p>\nIn this type of meditation, you and your spouse would each be in a separate room with your own lawyer and the mediator shuttles back and forth trying to negotiate an agreement between you.\n<\/p>\n<p>\nThese are also typically half day or full day sessions and you\u2019ll also usually sign an MSA if you\u2019re able to reach an agreement.\n<\/p>\n<h4>Collaborative Law<\/h4>\n<p>\nThere are also two ways that collaborative divorces are done so we\u2019ll cover them both.\n<\/p>\n<p>\nBefore we go into them, I want to give you a little more information about the collaborative process. Collaborative law is designed for couples that want a private and respectful way to end their marriage. It\u2019s a very unique and powerful process that is focused on finding a workable, long-term settlement that addresses everyone&#8217;s interests.\n<\/p>\n<p>\nWhen there are children involved, their well being comes first.\n<\/p>\n<p>\nThe fundamental difference with collaborative law is that the parties sign an agreement that they will not resort to the courtroom to try and resolve their differences. This agreement is a very strong motivator for everyone to find a settlement that works.\n<\/p>\n<p>\nThe first way we do collaborative divorces we\u2019ll call attorney-only collaborative.\n<\/p>\n<p>\nThis process involves a series of focused Joint Sessions that last about 2 hours each. Each Joint Session includes both spouses and their attorneys who work together to try and find options that meets everyone\u2019s needs.\n<\/p>\n<p>\nThe preferred model of doing a collaborative case is to use a full team. In this model, a Joint Session typically involves both spouses, their attorneys,  a Communications Facilitator, and often a Financial Advisor.\n<\/p>\n<p>\nWe can\u2019t use a full team every time, but the benefit of it is that instead of relying on the attorneys to do everything, we bring in experts to deal with specific areas or issues.\n<\/p>\n<p>\nFor example, communication problems are probably the biggest difficulty that couples face during a divorce, so we use a communications facilitator during the collaborative process to help deal with communication problems. The professionals that we bring in are experts in their areas, and the process is much more efficient and effective when we use them.\n<\/p>\n<p>\nWhichever of these two options you choose, the collaborative approach is a positive and productive process that focuses on finding an acceptable outcome instead of just &quot;winning&quot; or &quot;losing.&quot; It&#8217;s is designed for people that want a more dignified way to end their marriage.\n<\/p>\n<p>\nThere is a lot more to the collaborative process, so if it sounds appealing to you, I encourage you to learn more about it by reviewing some of the other <a href=\"\/collaborative\/\">collaborative divorce<\/a> information on our site.\n<\/p>\n<h4>Litigated <\/h4>\n<p>\nA litigated divorce is for couples that are unwilling or unable to reach an agreement on the issues in their divorce without going to court&#8230;or at least the threat of going to court.\n<\/p>\n<p>\nIn a litigated divorce, there is usually an exhaustive exchange of information through the discovery process.\n<\/p>\n<p>\nAnd most litigated divorces will mediate at some point before they go to final trial.\n<\/p>\n<p>\nThere is also usually at least one hearing before final trial&#8230;most of the time that\u2019s for temporary orders.\n<\/p>\n<p>\nBut one thing that many people don\u2019t realize is how few litigated divorces actually go to final trial. You spend a ton of time, energy and money preparing for a trial, and yet almost all cases settle before the final trial.\n<\/p>\n<h3>How much will it cost?<\/h3>\n<p>\nI\u2019ve said this before, but one of the most important things for you to remember when it comes to the cost of your divorce is that the more you and your spouse can agree on, the less your divorce will cost.\n<\/p>\n<p>\nThe other important thing I need to mention is that the figures that I am going to be discussing are the typical fees that we see in our office. I can\u2019t speak for other lawyers, so I\u2019m not necessarily talking about the total cost of a divorce.\n<\/p>\n<h4>Agreed \/ No Nonsense\u2122 Divorce Cost<\/h4>\n<p>\nInitial retainers for agreed divorces range anywhere from $800 to $3,500. The range depends on how much you and your spouse agree on, how much property you have and whether or not you have children.\n<\/p>\n<p>\nIt also depends on how much attorney involvement you want. On the lower end of that range, we have packages that allow you to do almost everything yourself with our coaching. On the higher end of that range, we\u2019re actively involved throughout your case.\n<\/p>\n<p>\nWith our No Nonsense\u2122 Divorce packages, we do offer some flat fees, so this range includes both flat fee amounts and initial retainer amounts that we have.\n<\/p>\n<p>\nThere\u2019s one other thing that I want to mention&#8230;in many No Nonsense\u2122 Divorces, we are the only attorney involved, so in those situations, these fees may be the total cost of the divorce for a family.\n<\/p>\n<h4>Attorney Negotiated Cost<\/h4>\n<p>\nThe initial retainers for an attorney negotiated divorce are typically between $3,500 and $5,000. In these cases, the more involved the attorneys are, the more expensive it can be.\n<\/p>\n<h4>Mediation Cost<\/h4>\n<p>\nI included mediation in this section because we\u2019ve covered it as one of the options for reaching an agreement in your divorce, but it\u2019s a little different from the other options we\u2019re discussing.\n<\/p>\n<p>\nI\u2019m not going to include a range of fees here, because lawyer assisted mediation is usually part of an ongoing case, so the mediation fees are only a part of your cost.\n<\/p>\n<p>\nMediating without lawyers can be an inexpensive option, but you will also need to figure in the cost of having a Final Decree of Divorce drafted after you reach an agreement at mediation.\n<\/p>\n<p>\nWe use mediation most of the time during the course of an attorney negotiated or a litigated case where the parties have run into a particular issue that they want to try to settle using mediation.\n<\/p>\n<h4>Collaborative Law Cost<\/h4>\n<p>\nThe initial retainers for a collaborative divorce are typically between $3,500 and $5,000. This can vary depending on whether or not you want to use the attorneys only or a full team and on the number of Joint Sessions necessary to come to an agreement.\n<\/p>\n<h4>Litigated Cost<\/h4>\n<p>\nFinally, the initial retainers for a litigated divorce generally range between $6,000 and $10,000. The retainers for these cases can be higher depending on the complexity of the issues involved.\n<\/p>\n<h2><a title=\"divorce-seminar-videos\" name=\"divorce-seminar-videos\"><\/a>Divorce Seminar Video Series<\/h2>\n<hr \/>\n<p><a href=\"\/divorce-seminar\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2053 alignnone\" title=\"Divorce Basics\" src=\"\/wp-content\/uploads\/2012\/02\/divorce-basics.jpg\" alt=\"Divorce Basics\" width=\"150\" height=\"113\" \/><\/a>\u00a0<a href=\"\/divorce-seminar\/\">Introduction and Divorce Basics Video<\/a><\/p>\n<hr \/>\n<p><a href=\"\/dividing-your-property\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2052 alignnone\" title=\"Dividing Your Property\" src=\"\/wp-content\/uploads\/2012\/02\/dividing-your-property.jpg\" alt=\"Dividing Your Property\" width=\"150\" height=\"113\" \/><\/a>\u00a0<a href=\"\/dividing-your-property\/\">Dividing Your Property Video <\/a><\/p>\n<hr \/>\n<p><a href=\"\/children-and-texas-courts\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2050 alignnone\" title=\"Children and Texas Courts\" src=\"\/wp-content\/uploads\/2012\/02\/children-and-texas-courts.jpg\" alt=\"Children and Texas Courts\" width=\"150\" height=\"113\" \/><\/a> <a href=\"\/children-and-texas-courts\/\">Children and Texas Courts Video<\/a><\/p>\n<hr \/>\n<p><a href=\"\/child-conservatorship\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2049 alignnone\" title=\"Child Conservatorship\" src=\"\/wp-content\/uploads\/2012\/02\/child-conservatorship.jpg\" alt=\"Child Conservatorship\" width=\"150\" height=\"113\" \/><\/a> <a href=\"\/child-conservatorship\/\">Child Conservatorship Video<\/a><\/p>\n<hr \/>\n<p><a href=\"\/child-visitation\/\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-2062\" title=\"Child Visitation\" src=\"\/wp-content\/uploads\/2012\/01\/child-visitation.jpg\" alt=\"Child Visitation\" width=\"150\" height=\"113\" \/><\/a>\u00a0<a href=\"\/child-visitation\/\">Child Visitation Video<\/a><\/p>\n<hr \/>\n<p><a href=\"\/child-support\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2046 alignnone\" title=\"Child Support\" src=\"\/wp-content\/uploads\/2012\/02\/child-support.jpg\" alt=\"Child Support\" width=\"150\" height=\"113\" \/><\/a> <a href=\"\/child-support\/\">Child Support Video<\/a><\/p>\n<hr \/>\n<p><a href=\"\/spousal-maintenance\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2055 alignnone\" title=\"Spousal Maintenance\" src=\"\/wp-content\/uploads\/2012\/02\/spousal-maintenance.jpg\" alt=\"Spousal Maintenance\" width=\"150\" height=\"113\" \/><\/a>\u00a0<a href=\"\/spousal-maintenance\/\">Spousal Maintenance or Alimony Video<\/a><\/p>\n<hr \/>\n<p><a href=\"\/agreed-and-contested-options\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2048 alignnone\" title=\"Agreed Contested Divorce Options\" src=\"\/wp-content\/uploads\/2012\/02\/agreed-contested-divorce-options.jpg\" alt=\"Agreed Contested Divorce Options\" width=\"150\" height=\"113\" \/><\/a>\u00a0<a href=\"\/agreed-and-contested-options\/\">Agreed and Contested Options Video<\/a><\/p>\n<hr \/>\n<p><a href=\"\/next-steps\/\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-2054 alignnone\" title=\"Next Steps\" src=\"\/wp-content\/uploads\/2012\/02\/next-steps.jpg\" alt=\"Next Steps\" width=\"150\" height=\"113\" \/><\/a>\u00a0<a href=\"\/next-steps\/\">Next Steps Video<\/a><\/p>\n<hr \/>\n","protected":false},"excerpt":{"rendered":"<p>This video discusses the options that you and your spouse have for making the big decisions in your divorce. We&#8217;ll talk about the difference between agreed and contested divorces. Go to the Next Video in the Divorce Seminar Series Go on to the next video discussing the next steps for you in your divorce. \u00a0Next [&hellip;]<\/p>\n","protected":false},"author":33,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"This video discusses your options for making the big decisions in your divorce. 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