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Collaborative Law
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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.
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In Texas most cases, alimony is limited to three years because it is supposed to be temporary. Alimony is only awarded if a spouse who has been married for at least 10 years cannot support herself or himself, or if there is domestic violence and the violent spouse is convicted during the divorce case. This being said, marital fault can be considered when the court determines an alimony award and this is not limited to just the spouse who may or may not be the obligor (payor).
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