Collaborative Law

The public, attorneys, and families involved in divorce actions and family law disputes in Texas have become increasingly dissatisfied with the limited number of options available for resolving the child custody, placement, and financial issues present in a divorce. Collaborative law addresses the need for peaceful resolution of custody, placement, and financial issues, through an out-of-court, problem-solving approach. 

Utilizing collaborative divorce in a family law action involves a commitment to settling disputes without resorting to litigation or the threat of litigation. The lawyers chosen by the parties are retained to help families reach a settlement and they act more as advisors than as negotiators or litigators. The object in collaborative law is for clients to keep control of the process with the lawyers present as legal resources. In other words, lawyers involved in collaborative law like to be part of the solution, not the problem. If there is no settlement, then the parties must retain different lawyers to handle the litigation. The advantages of collaborative law are similar to mediation, and are as follows:

• The collaborative law process saves time and money
• Parties avoid the constant threat of court intervention
• Parties stay in control of the proceedings
• Settlement addresses the needs and concerns of both spouses

Collaborative Law became effective in Texas on September 1, 2001 by virtue of section 6.603 of the Texas Family Code:

"Collaborative law is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage dispute on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement of the parties as the court determines appropriate. The parties' counsel may not serve as litigation counsel except to ask the court to approve the settlement agreement."

For more information on Collaborative Law in Texas and whether it is right for your particular situation, please contact the family law lawyers at Parker & Montgomery today or visit www.dallascollaborativelaw.com for more information.