VOL. XXIX · AUSTIN, TEXAS TRUSLER LEGAL · EST. 1997 BOARD CERTIFIED · FAMILY & CHILD WELFARE LAW
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Practice Collaborative divorce

A structured way to end a marriage without ending everything else.

Collaborative divorce is a legal process designed around resolution. Since 2002, Cristi Trusler has practiced at its center. This is what it actually is, how it works, and when it's the right path.

2002

First collaborative matter

300+

Collaborative matters by 2017

2017

Master Credentialed

Top 5

In Central Texas by case volume

Chapter 01 What it actually is

Most people don't know what collaborative divorce is. Here's the clean version.

Collaborative divorce is a legal process where both spouses agree, in writing and at the outset, not to go to court. Each spouse has their own attorney — specifically trained in collaborative practice — and a team of neutral professionals supports the work. In most matters that includes a financial neutral and a mental-health neutral, sometimes called a communication coach. When children are involved, a child specialist may join the team for the parts of the work that concern the kids.

The core mechanic is this: if the process breaks down and either spouse decides to litigate, the collaborative attorneys are disqualified. Both parties have to hire new lawyers. That is not a quirk — it is the mechanism that gives everyone at the table skin in the game to make the process work.

Collaborative is frequently confused with mediation, which in Texas is almost always a session inside a divorce process — each spouse with their own attorney, plus a neutral attorney-mediator — rather than a standalone divorce path. It is also confused with "amicable divorce," which is not a defined process at all, just a description of tone. Collaborative is a specific legal framework with a specific structure and specific ethics.

The structure exists because it works. Couples who believe their divorce can be done amicably often discover in the middle of negotiation that amicable was a premise, not a plan. Collaborative is the plan — a process that is designed to absorb friction without collapsing into court.

Chapter 02 What depth looks like

Cristi didn't add collaborative as a service line. She's built a practice around it.

Cristi took her first collaborative training in 2002 — before most Texas family lawyers knew the word, and more than a decade before the Texas Family Code was amended to specifically recognize collaborative practice. She began handling collaborative matters almost immediately and has continued to do so, consistently, since.

By the time she was Master Credentialed in 2017 — the highest distinction Collaborative Divorce Texas confers, and a credential requiring advanced interdisciplinary training plus peer review of sustained case experience — she had already handled more than three hundred collaborative matters. She has handled many more in the years since.

That depth matters because collaborative is a craft. The process has protocols. The team dynamics have failure modes. The moments where matters stall have specific shapes, and the moves that restart them are specific too. Reading a textbook or taking a weekend training does not give an attorney fluency in this work. Handling hundreds of matters does.

She is among the most experienced collaborative divorce attorneys in Central Texas by case volume. Collaborative is not a pivot or a soft alternative here — it is the center of how the firm practices.

The discipline

"A courtroom can end a marriage. It cannot design what comes next."

— Our practice philosophy

Chapter 03 How it actually works

The team, the meetings, and what happens at each step.

Collaborative is a sequenced process, not a vibe. Here's what the sequence looks like in practice.

Step 01

Participation agreement

Before anything else, both spouses and both attorneys sign the participation agreement. It commits everyone to resolve the matter out of court, to disclose all relevant financial information fully and promptly, to negotiate in good faith, and — critically — to the attorney-disqualification mechanism that kicks in if the process fails. This document is what makes collaborative collaborative.

Step 02

Assembling the team

The neutral professionals join. A financial neutral — typically a CPA, CDFA, or forensic accountant trained in collaborative — takes ownership of the financial picture. A mental-health neutral (sometimes called a communication coach) joins to help with process dynamics, emotional friction, and the conversations that are technically not legal questions but that affect every legal question. If children are involved, a child specialist may also join.

The team is not the same as therapy. Each neutral has a specific role in the process. The financial neutral does not take sides. The mental-health neutral does not do individual counseling. These are professionals whose job is to make the collaborative process work.

Step 03

Team meetings

Most collaborative matters run on a cadence of five to seven team meetings, typically spaced two to three weeks apart, running two to three hours each. The agenda for each meeting is set in advance. The first couple focus on information-gathering — the financial picture, the family's priorities, the issues each spouse wants the process to address. The middle meetings focus on generating options and narrowing toward decisions. The final meetings finalize the agreement.

Between meetings, each attorney works with their client, the neutrals advance their specific tasks (financial analysis, communication coaching, child-focused work), and the team as a whole prepares for the next meeting. The process is sustained, not episodic.

Step 04

Agreement and decree

The final agreement covers everything a divorce decree covers — property division, any spousal maintenance, the parenting plan and possession schedule if there are children, child support, and the tax and financial implementation details that get handed off to Phase 04 of our practice model. The attorneys draft the decree. A district judge signs it. The decree is as legally binding as any other final decree of divorce.

Chapter 04 Fit

When collaborative is the right path — and when it isn't.

Good candidates for collaborative

  • Both spouses willing to commit in good faith to the process.
  • Complexity — assets, business interests, children's needs — that benefits from a structured team approach.
  • Both spouses want to remain private and keep their financial lives out of public court filings.
  • Relationship well enough intact that the two of them will need to co-exist in the future, whether as co-parents, in business interests, or in shared community.
  • Willingness on both sides to share financial information fully and without games.

Not good candidates

  • Domestic violence, coercive control, or patterns of intimidation that make good-faith negotiation impossible.
  • Evidence of active asset concealment or financial bad faith.
  • Timing emergencies that require immediate temporary orders from a court.
  • A power imbalance so severe that even professional support on both sides can't produce a fair process.
  • One spouse fundamentally committed to punishing the other through the process — collaborative is not equipped for this, and should not be.

Chapter 05 Questions people actually ask

The eight most common questions about collaborative divorce.

01 How much does collaborative divorce cost in Austin?

Every matter is different, but collaborative divorce typically costs meaningfully less than a litigated divorce and somewhat more than a negotiated divorce handled by counsel without a full collaborative team. The savings over litigation come from avoiding contested hearings, discovery disputes, expert-witness battles, and trial preparation. The cost compared to a straight negotiation reflects the team-based structure — a financial neutral and a mental-health neutral or communication coach are part of most collaborative matters. We will walk you through the likely cost range during your initial consultation and commit to it in writing during the Chart-the-path phase.

02 How long does collaborative divorce take?

Most collaborative matters in Texas resolve in four to eight months from the first team meeting to decree. Complex matters — significant assets, business interests, relocations, blended families — can take longer. Simple matters can finish faster. By contrast, a contested litigated divorce in Travis County commonly takes twelve to eighteen months, and sometimes longer. Texas law requires a minimum sixty-day waiting period between filing and finalization in any divorce.

03 What if my spouse won't agree to collaborative?

Collaborative requires both spouses to commit, in writing, to a non-adversarial process. If your spouse will not agree, collaborative is not available — but that does not mean your only remaining option is contested litigation. A negotiated divorce through counsel (often with mediation as a session inside it) and strategic early filing are both still on the table. We can also sometimes help design an approach that brings a reluctant spouse toward collaborative; this often depends on the reasons behind the reluctance and how the conversation has been framed.

04 How does mediation work in a Texas divorce, and how is collaborative different?

In Texas, mediation in a family-law matter is almost always a session inside a divorce process, not a divorce path on its own. The standard form is each spouse retaining their own attorney and using a neutral attorney-mediator for one or more sessions to reach agreement on contested issues. Standalone mediated divorces — where one mediator handles the whole matter for both spouses — are uncommon in Texas because lawyers cannot ethically represent both sides of a dispute. A lawyer mediating a divorce cannot give legal advice to either party, and the State Bar of Texas considers it unethical for that lawyer to draft the decree or final agreement. That is why most one-mediator divorces in Texas are run by non-lawyers, which leaves clients exposed to outcomes that turn out not to be legally enforceable. Collaborative is a different framework entirely: two attorneys (one for each spouse), neutral financial and mental-health professionals, multiple meetings, and a participation agreement that disqualifies both attorneys from any subsequent litigation. Different tool, different job.

05 What happens if a collaborative divorce breaks down?

The collaborative agreement, signed at the outset, commits both parties and their collaborative attorneys to not go to court. If the process breaks down and a party decides to litigate, the collaborative attorneys are disqualified from representing either spouse in the subsequent litigation. Both parties must hire new trial counsel. This is not a bug — it is the mechanism that gives everyone skin in the game to make collaborative work. In practice, we have seen collaborative processes stall for a week or two and then resume productively more often than we have seen them fail entirely.

06 Is collaborative divorce legally binding in Texas?

Yes. A collaborative divorce ends in a final decree of divorce signed by a district judge, just as any other divorce does. The substantive agreement — property division, spousal maintenance, conservatorship, possession schedule, child support — is binding. Collaborative is a process for reaching the agreement; the legal outcome is the same kind of enforceable order a litigated divorce produces.

07 Can collaborative work for a divorce with significant assets or a business?

Yes, and it often works better than litigation for those matters. Complex financial situations — concentrated business ownership, significant retirement or equity holdings, complicated tax structures — require careful valuation and thoughtful division, and the team model is especially well-suited to that work. A financial neutral with forensic or valuation expertise can do work that a litigated divorce would assign to dueling experts, at a fraction of the cost and without the adversarial framing that drives up expense.

08 Do we still need separate attorneys in collaborative divorce?

Yes. Each spouse must have their own collaboratively-trained attorney. Neither attorney represents both spouses — that would be a conflict of interest and is prohibited in any divorce. What is different in collaborative is that both attorneys have trained in the collaborative method and have committed, in the participation agreement, to work toward resolution rather than to litigate.

Related Other paths

If collaborative isn't the fit — or you want to understand the other paths.

Begin

Collaborative starts with a conversation.

A 45-minute consultation to talk through your situation and whether collaborative fits. Confidential. No obligation to hire us afterward.