What are the laws for collaborative divorce in Texas?

Collaborative divorce in Texas is a relatively new approach which allows the parties and their attorneys to enter into a transparent process of negotiating the terms to end the marriage. Rather than go through public hearings in divorce court with potentially embarrassing consequences, the parties to the divorce sit together with their respective attorneys through a series of private conferences with a goal of settling property, custody and support. The theory behind collaborative divorce is that by conducting the divorce negotiations in a private manner, the interests and honors of each spouse are fully recognized, giving the divorce the very best chance of success, and the parties a good chance of future happiness. At the beginning of the proceedings, the attorneys and both parties will agree in writing that they will give their very best efforts in resolving the anticipated disputes without resorting to litigation. After the initial agreement, both parties are required to complete a sworn inventory under oath, and any party who fails to disclose any assets on the sworn inventory will allow the other spouse to receive 100% of the non-disclosed property asset. The collaborative approach must have two attorneys who have been fully trained in collaborative divorce so the meetings do not become adversarial, and should either party break their agreed-upon promises, the other may choose to end the collaborative process.

Getting Legal Help

If you are a Texas resident and would like to try the collaborative divorce approach, find an attorney in your area who is very experienced in the laws surrounding collaborative divorce.