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. Agreed divorces are used because lawyers and couples have recognized that court battles are costly and counter-productive, in which they lead to results where nobody is happy.
In a Texas agreed divorce, the parties negotiate amongst themselves the details of child custody and distribution of assets. The courts usually approve this agreement as a matter of course. The reason 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. Thus, the parties should be able to reach an optimal solution if they are allowed to negotiate amongst themselves. Often, 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, then they will definitely not be able to reach a satisfactory agreement.
After filing for divorce in Texas, the couple must wait 60 days for the divorce to be finalized. If the terms of the divorce have been agreed upon during this period, the final court hearing will be short as there is little for the court to do except approve the agreement. This is procedural and will quickly takes its course so long as there is nothing indicating the agreement to be fundamentally unfair or exploitative.
A family lawyer can help you determine whether an agreed divorce is right for you. Further, he can represent you and make sure you are asking for the right terms. A lawyer will have your best interests and will prevent future lawsuits concerning an unfair divorce agreement.
Last Modified: 07-02-2018 10:57 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.