What happens if we cannot reach an agreement?

If the collaborative process ends without a full agreement, the case proceeds to litigation. Under Texas law, both collaborative attorneys must withdraw and each spouse must retain new trial counsel.

Collaborative Divorce Attorney | Plano & Frisco, TX

Q: What is a collaborative divorce?

A collaborative divorce is a process where each spouse retains their own attorney and agrees in writing to resolve all issues outside of court through structured negotiation. Neutral financial, mental health, and child specialists may also participate as needed. The process is recognized under the Texas Collaborative Family Law Act.

Q: How long does a collaborative divorce take?

Most collaborative divorce cases resolve in four to six team meetings over several weeks or months. Texas law also requires a 60-day waiting period before a divorce can be finalized.

Q: How much does a collaborative divorce cost?

The cost depends on the complexity of the finances involved and the professionals needed. Because collaborative divorce avoids contested hearings and trial preparation, it is often less expensive than litigated divorce.

Q: Do my spouse and I need separate attorneys?

Yes. Each spouse has their own attorney throughout the collaborative process to provide legal advice and advocacy while working toward a mutually acceptable agreement.

Q: Is a collaborative divorce legally binding?

Yes. Once a complete agreement is reached, the attorneys prepare the final documents and submit them to the court for approval. The resulting divorce decree is legally binding and enforceable.

Q: Can we use collaborative divorce if we have children or a business?

Yes. Collaborative divorce is often especially effective when children or business interests are involved. Child specialists can assist with parenting plans, and neutral financial professionals can help evaluate and divide business interests and complex assets.

Divorce does not have to mean a courtroom battle. For families across Plano, Frisco, McKinney, Allen, Prosper, Celina, Melissa, and Denton, collaborative divorce offers a private, respectful way to end a marriage — one where you and your spouse keep control of the decisions that shape your family’s future, instead of handing them to a judge.

At Scroggins Law Group, our family law attorneys guide North Texas families through this process with the discretion and care it deserves. If you want a divorce that protects your children, your finances, and your dignity, we should talk.

Call 214.469.3100 — available 24/7 — to schedule a consultation.

What is collaborative divorce?

Collaborative divorce is a structured, out-of-court process in which you and your spouse each retain your own attorney and commit — in writing — to resolving every issue through negotiation rather than litigation. It is formally recognized under Texas law through the Texas Collaborative Family Law Act, which gives the process real legal structure and protections.

Instead of fighting through filings, hearings, and a public trial, you work through a series of private meetings with a team dedicated to reaching an agreement that works for everyone — especially your children. Nothing you discuss becomes part of the public court record.

The result is usually faster, less expensive, and far less damaging to family relationships than a contested courtroom divorce.

Your collaborative divorce team

A strength of the collaborative model is that the right professional handles each part of your case — often at a lower overall cost than having attorneys manage everything:

Your attorneys. You and your spouse each have your own attorney to provide legal advice, negotiate constructively, and advocate for your interests while working toward resolution.
Neutral communication facilitator. Often a licensed mental health professional who keeps conversations productive and respectful and helps the team stay on track.
Neutral financial professional. A shared, impartial expert who organizes and analyzes assets, debts, budgets, business interests, and retirement accounts so both spouses can make fully informed decisions.
Child specialist. When children are involved, a neutral professional can help you build a parenting plan centered on their needs.

You decide which professionals your situation actually needs. A straightforward case may need only the attorneys; a complex estate or a higher-conflict dynamic may benefit from the full team.

The benefits of choosing collaboration

Privacy. Your finances, your parenting arrangements, and your personal matters stay between you, your spouse, and your team — never in a public court file.
Control. You and your spouse set the pace and make the decisions. No judge imposes an outcome on your family.
Lower conflict. Both sides commit to good-faith problem-solving from day one, which protects co-parenting relationships you’ll rely on for years.
Cost efficiency. Spending goes toward building your agreement, not toward preparing for and fighting a trial.
Tailored solutions. Free of a courtroom’s constraints, you can craft creative arrangements that fit your family — not a one-size-fits-all order.

How collaborative divorce works in Texas

You each retain a collaborative attorney and sign a Participation Agreement committing to resolve the divorce outside of court.
Your team meets in a series of sessions — each with a pre-planned agenda you help shape, at a pace that suits you. Most cases resolve in four to six meetings.
Neutral professionals join as needed — a financial expert to organize complex assets, a mental health professional to keep communication constructive, a child specialist to help design a parenting plan.
Issues are resolved one at a time. Nothing is final until every matter is settled and both spouses approve a complete agreement.
Your attorneys draft and file the final documents with the appropriate Collin or Denton County court for approval.

An important safeguard. Texas law requires that if either spouse leaves the collaborative process for litigation, the collaborative attorneys must withdraw and both spouses hire new trial counsel. This keeps everyone genuinely invested in reaching an agreement — your attorney succeeds by helping you settle.

Collaborative divorce vs. mediation vs. litigation

	Collaborative	Mediation	Litigation
Setting	Private team meetings	One or two long sessions with a neutral	Public courtroom
Who decides	You and your spouse	You and your spouse	A judge
Timeline	Steady, planned meetings	Often late in a case	Months to years
Privacy	Confidential	Confidential	Public record
Best when	You want control and a full support team	You’re ready to settle a defined dispute	Agreement isn’t possible

Mediation is an excellent settlement tool, but it’s often used only after couples have already spent months and significant money litigating. Collaboration is built to keep you out of that cycle from the very beginning, with a structured team supporting the whole process — not a single neutral at the end of it.

Is collaborative divorce right for you?

Collaboration tends to be a strong fit when:

You have children and want to protect a healthy co-parenting relationship.
You value privacy and want to keep your family’s matters out of the public record.
You’d rather make decisions together than have a judge make them for you.
You and your spouse can negotiate in good faith, even if you don’t agree on everything yet.

It may not be the right path if there is ongoing family violence, a refusal to disclose finances honestly, or a spouse unwilling to participate. Not sure where your situation falls? That’s exactly what an initial consultation is for — we’ll give you a straight answer about whether collaboration fits, or whether another approach would serve you better.

Why Scroggins Law Group

Board-certified leadership. Mark L. Scroggins is Board Certified in Family Law by the Texas Board of Legal Specialization — a distinction held by only a small fraction of Texas attorneys.
Recognized experience. Mark L. Scroggins has been selected to Super Lawyers for more than a decade of consecutive years, backed by a team with 25 years of family law experience in North Texas.
Rooted in Collin County. With offices in Frisco and Plano, we practice in the Collin and Denton County courts and know how local judges and processes actually work.
Available when you need us. Our team is reachable by phone 24/7.

Areas we serve

We represent clients in collaborative divorce throughout Collin County and Denton County, including Plano, Frisco, McKinney, Allen, Prosper, Celina, Melissa, and Denton, and the surrounding North Dallas communities.
Frisco Office 2500 Legacy Dr, Suite 250, Frisco, TX 75034 · 972-846-4555
Plano Office 5851 Legacy Cir, Suite 600, Plano, TX 75024 · 469-626-5220

Frequently asked questions

What is a collaborative divorce? It’s a process where you and your spouse each retain your own attorney and agree, in writing, to settle every issue out of court through structured negotiation — supported as needed by neutral financial and mental-health professionals. It’s recognized under the Texas Collaborative Family Law Act.

How long does a collaborative divorce take? Most collaborative cases resolve in four to six team meetings spread over several weeks to a few months — generally faster than a contested divorce, which can take a year or more. Texas also requires a 60-day waiting period before any divorce can be finalized.

How much does a collaborative divorce cost? It varies with the complexity of your finances and the professionals involved, but because collaboration avoids the cost of contested hearings and trial preparation, it is typically less expensive than litigated divorce. We’ll discuss fees transparently at your consultation.

Do my spouse and I need separate attorneys? Yes. Each spouse has their own attorney. This ensures you each have an advocate while everyone works toward the same goal: a fair agreement out of court.

Is a collaborative divorce legally binding? Yes. Once you reach a complete agreement, your attorneys draft the final documents and file them with the court for approval, producing a binding, enforceable decree — the same legal effect as any other divorce.

What happens if we can’t reach an agreement? If the collaborative process ends without a full agreement, the case moves to litigation and — under Texas law — both collaborative attorneys must withdraw, and each spouse retains new trial counsel. This rule is intentional: it keeps everyone committed to settling.

Can we use collaborative divorce if we have children or a business? Absolutely — these are the situations where it shines. A child specialist helps you build a parenting plan around your children’s needs, and a neutral financial professional can value and divide a business or complex assets fairly, without a public fight.