The Details Of Collaborative Divorce In Texas
It was in the legislative body in Texas where an amendment was passed in the family
code on the first day of September 2001 allowing for a collaborative undertaking to the divorce process. This new approach to divorce matters in Texas gives parties the opportunity to come to terms and arrange specific agreements which provide that divorce cases are conducted to have a collaborative nature to its dealings.This of course, entails the observance of certain legal procedures which are required from both agreeing parties concerned. The Plano divorce lawyer should always be on top of the legalities of this procedure.
The first step is for the attorneys, led by the Plano divorce lawyer, to mutually agree in writing that they will exhaust all measures and efforts to come up with an agreement in good faith, to resolve all issues and concerns and to do away with costly litigation.
The collaborative approach to settling divorce issues is very practical and judicious. This is because statistics have shown that some 95 percent of all family law cases get settled without going to court. The parties in divorce cases fully understand that they would be exhausting their community estate on attorneys fees and the terrible costs on continuing litigation. They also realize that after a bloody litigation process, in consultation with the Plano divorce lawyer, aside from losing time, effort and money, the process ends with no clear winner and with both parties ending up losers in their own regard.
The attorneys from both parties in dispute must be well equipped and skilled in the rudiments of the collaborative approach to divorce so that the meeting between the parties maintains civility and order. This is where the expertise of the Plano divorce lawyer comes into play. It is important that the parties, in close coordination by and between the lawyers, agree to come up with mutual decisions and agreements through a series of cordial conferences. Aside from the Plano divorce lawyer, other experts and mediators can join the settlement conferences and dispute resolution methods may be employed in this regard.
A lot of clients these days have become knowledgeable about the legal services and procedures. They have opted to control their respective situations through these collaborative approaches in order to preserve their respective privacies and avoid the awkward situation where the court judge would literally rule over their lives and their properties. As contemplated by the Plano divorce lawyer, these contending parties prefer to engage in the collaborative approach to divorce than going through the tedious and expensive litigation process.
It is worthy to note however, that even the settlement of disputes on divorce matters could end up being very expensive before a final agreement can be sealed. The collaborative approach entails following certain ground rules for both parties. With the set ground rules, both parties then prepare notarized inventories of their respective assets with penalty of non-disclosure being the forfeiture of assets in favor of the aggrieved party.
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