In 2001, the Texas legislature amended the family code, which allows for a more collaborative divorce in Texas. The revision allows for the spouses and their lawyers to enter into agreements. However, specific procedures and requirements must be done for it to prosper. These are as follows. The spouses, along with their lawyers, must agree in writing to use their best efforts and do everything in good faith to settle any disagreement without resorting to litigation.
Over the years, a growing number of couples use the collaborative approach to divorce because most family law cases are settled before trial. One of the best examples is when the spouses’ community estate has been used to pay for their lawyers. Nobody comes out a winner as not only will you be financially drained but also emotionally exhausted.
For the collaborative approach to work, the lawyers for both parties must be well-trained and highly competent in the collaborative divorce process to prevent the proceeding from becoming adversarial. Both parties can also resolve and settle any conflict by having a series of settlement meetings in the presence of their counsel. These meetings may include mediators and healthcare experts.
Most people nowadays are well-versed in the subject of legal services. The advent of technology has given people access to pertinent information. Most are aware that getting a divorce in open court will expose them to scrutiny. Filing a divorce in court also means that the judge would ultimately control the separation of properties. That is why many couples prefer the collaborative approach over the years rather than expensive litigation.
Important Points to Remember
There are ground rules that both parties would need to follow. Once the ground rules have been set, both parties would need to complete a sworn inventory under oath. Failure by any party to disclose all its assets would open itself to the possibility that the other party might receive 100% of the non-disclosed property asset.
Keep in mind that the collaborative approach can also be costly as, in most cases, it can also drag on for months or even years before a final agreement is reached. The constant back and forth between spouses means more billable hours for the lawyers.
Collaborative divorces more so ensures that your marriage would end peacefully without the need for any hostile encounters.
Filing for divorce can involve complex issues. So, it’s highly recommended that you retain a family law attorney to protect your interests. If you want an experienced family law attorney on your side, then give us a call at 979-846-4090. You can also check us out on Facebook, Instagram, LinkedIn, YouTube, and TikTok. Contact us today to find out how we can help you.