Texas Agreed Divorce
Texas has an option of collaborative divorce known as “agreed divorce”, in which the parties agree to the terms of a divorce without going to court. Some lawyers and couples have recognized that a drawn out court battle concerning the terms of a divorce is often costly and counter-productive, leading to results with which nobody is happy.
In a Texas agreed divorce, the parties negotiate amongst themselves the details of child custody and distribution of assets. This agreement is usually approved by the courts as a matter of course. The premise behind this is that the parties to the divorce have a clearer understanding of their own interests, needs, and priorities than any third party, including a judge. It follows from this that the parties will reach an optimal solution if allowed to negotiate amongst themselves – both parties are likely to walk away satisfied.
Of course, the success of an agreed divorce depends entirely on the willingness of both parties to participate in good faith. If the parties are so hostile that they cannot effectively negotiate with each other, there is no way they will be able to reach a satisfactory agreement.
After filing for divorce in Texas, there is a 60-day waiting period before a divorce can be granted. If the terms of the divorce have been agreed upon during this period, the final court hearing will usually be short, as there is little for the court to do except approve the agreement. This is usually done as a matter of course, as long as there is nothing indicating that it is fundamentally unfair or exploitative.
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Last Modified: 11-08-2012 02:27 PM PST
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