What is Collaborative Law?
Collaborative law is a legal process related to divorce. In the collaborative law divorce model, both spouses and their respective lawyers agree that neither party will take any contested issue to court. The “Collaborative Team,” which may include mental health and financial professionals, focuses their attention on finding ways to meet the needs of both spouses.
Suppose both spouses agree on the collaborative law approach to divorce. In that case, they must sign an agreement that states they will share all information available to them about their children and property. The spouses agree to work together with attorneys and other professionals to arrive at a mutually agreeable resolution.
If the parties are not able to settle their case using the collaborative law model, litigation attorneys can take the case to court. However, the collaborative lawyers must withdraw and cannot represent their clients any further.
What is the collaborative process in Texas?
Collaborative law is conducted in a series of joint meetings where the spouses, attorneys, and other necessary parties come together. The parties must both agree to the resolution if they were able to reach one.
Under Texas law, anything said in these meetings is confidential and cannot be revealed in a courtroom. The court cannot order a party to participate in the collaborative law process. The party’s participation is voluntary, and either party can choose to end the process unilaterally.