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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.
Before the divorce is final, the court may issue temporary orders to deal with immediate problems, such as conservatorship, possession, child support, and spousal support/alimony. Temporary orders can say who will live in the home, who will be able to write checks on the bank accounts, and who will have control of the children up until the divorce is final and permanent orders are put in place. In most cases, depending on the court, the spouses will be ordered to mediation prior to any hearing on temporary orders. Mandatory mediation helps lessen the case load at the court and helps the parties resolve issues without a court ruling.
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