The Collaborative Divorce Agreement

If you are considering taking advantage of the benefits of the Collaborative Divorce process in The Woodlands it is important to understand the foundation for the process. After you and your spouse have decided to use collaborative divorce, you, your attorney, your spouse, and your spouse’s attorney will enter into a collaborative divorce agreement. The collaborative divorce agreement establishes an important framework for the process.

Texas law states a collaborative divorce agreement must include provisions for:

(1) full and candid exchange of information between the parties and their attorneys as necessary to make a proper evaluation of the case;

(2) suspending court intervention in the dispute while the parties are using collaborative law procedures;

(3) hiring experts, as jointly agreed, to be used in the procedure;

(4) withdrawal of all counsel involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute; and

(5) other provisions as agreed to by the parties consistent with a good faith effort to collaboratively settle the matter.

Items #1 and #4 usually attract the greatest attention. Secrecy and trying to “pull one over” on the other party are destructive to the collaborative process so a full exchange of information is required from both parties. It is also important to note that if you are unable to reach an agreement in the collaborative process then your collaborative attorney is forbidden from representing you in any future divorce litigation – this applies to both parties.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

  • I practice law in Northern Virginia, with an emphasis in my work on collaborative divorce and divorce mediation. I find it refreshing the collaborative process is codified in Texas. Collaboration has some momentum in VA, but tends still to be below the radar of large chunk of VA family practitioners and couples seeking divorce.

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