When a divorce is imminent, being prepared for it is vital. If there are children involved, it is even more important for you to not only know the law but to ensure that you are doing your best to make this as easy as possible for them. Working with your soon-to-be ex-spouse, if at all possible, instead of arguing and fighting with him or her is a good idea. The Texas Family Code speaks to this in it Collaborative Family Law Act.
The state of Texas actually encourages its citizens to seek a peaceful resolution to any type of separation instead of disputing it. They offer a collaborative family laws settlement procedure that you can follow to iron out any differences you may have.
You and your spouse must sign a participation statement or contract that clearly spells out that you will use this process to the best of your ability. You will need a professional in order to ensure that the contract is executed correctly and has the proper provisions in it that govern what you and your spouse can do. As a matter of fact, the law states that you must have a legal representative in order for this process to occur.
The agreement has to be signed by both parties and must tell exactly what your intent is. If you want to settle child support and custody issues, this must be included in the agreement. Such things as property division and asset management can also be included.
Once you and your spouse have signed the agreement, you may begin meeting together with your attorneys to decide what you will do regarding the issues of the divorce. The process is terminated when you or your spouse gives notice that it has ended or when one of you begins a process that hasn’t been agreed upon by all the people involved.
Having someone in your corner who is knowledgeable and can steer you through the sometimes confusing laws that surround a divorce can be an excellent resource.
Source: Texas Family Code, “Collaborative family law act” Jan. 26, 2015
