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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 requires that divorcing spouses try mediation before going to trial. Spouses can request a jury trial, but generally a judge decides the trial rather than a jury. Mediation is an ideal way to prevent the element of surprise that comes with taking a divorce case to trial. Many judges will tell you that a divorce trial has no winners, because the outcome is rarely in favor of just one party.
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