Texas Family Law

The law is evolving. Texas Family law embraced a developing trend toward "Collaborative Law" in 2001. Approximately 11 states are experimenting with new statutes that shift conflicts of interest inherent in statutes regulating dissolution of marriage. Divorce in Texas is a prime example.

Before the 2001 amendments, a couple seeking a divorce in Texas retained attorneys for the entire process. Attorneys advised their clients regarding settlements and trials. Attorneys also know that fees paid escalate rapidly if one or both spouses demand trial. Rather than calm emotionally charged clients, a few attorneys notoriously fanned the fires of discontent to increase attorney fees.

Divorce in Texas - New Family Law

Under Collaborative Law statutes, any attorney who attempts to settle a divorce in Texas can not represent those same clients in trial. The impact of this requirement is twofold. First, a settlement attorney can not profit from recommending trial for a divorce in Texas. Secondly, a settlement attorney loses potential fees if a divorce in Texas does not settle. The resulting temptation to recommend trial is not only eliminated, but also a new bias in the opposite direction is created - for settlement.

Other options affecting divorce in Texas:

• In divorce mediation, Texas considers the process as an additional means of resolving disputes prior to trial.
• In a hypothetical divorce arbitration, Texas would consider the process as a binding substitute for trial, if allowed.
• After a divorce settlement, Texas requires court approval of the agreement and the court must enter a decree. All decrees have the same force and effect as other court orders.