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.
Good Faith Is Required
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.
Time Frame for an Agreed Divorce
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.
Consulting an Family Law Attorney in Texas
A Texas divorce 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.