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The Texas legislature amended the family code effective September 1, 2001, to allow for the collaborative approach to divorce. This new approach to divorce in Texas allows the parties and their attorneys to enter into agreements, which permits their case to be conducted under the collaborative law approach and thereby following certain procedures.
In the last couple of years some Texas attorneys have embraced a completely new way of practicing law in divorce cases‚ Collaborative Law. The 2001 legislative session passed HB 1363 which sanctioned the practice of Collaborative Law in family cases in Texas.
Too often in divorces, we attorneys see clients who would agree to whatever possession schedule was truly best for their children or would agree to whatever division of assets was fair, but they cannot agree on what that possession schedule or division of assets is.
Texas divides marital property as community property. This means any property owned by either spouse during the marriage is community property between the spouses. The court also divides marital debt at this time and ownership is recognized the same way. However, property that is owned by either spouse before the marriage is considered separate property. In a case involving children, the Texas divorce court often divides the property unequally. An equal division of the community property is not required by the Texas divorce laws, were as some other community property states adhere more to the 50-50 split rule.
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