Austin Collaborative Divorce Attorney
If you and your spouse want to settle your divorce privately instead of asking a judge to decide the terms, collaborative divorce is one way to do it. Each spouse keeps a lawyer, and everyone signs an agreement to work toward settlement outside the courtroom. An Austin collaborative divorce attorney can explain exactly what you are agreeing to before you sign. WSM Law represents women exclusively in divorce and family law matters. Call (512) 598-6745 or contact us to schedule a free consultation and find out whether the collaborative process fits your situation.
What Is Collaborative Divorce in Texas?
Collaborative divorce is a structured settlement process. You and your spouse each hire your own lawyer, exchange information openly, and negotiate in a series of meetings. The defining feature is the commitment: everyone agrees to resolve the case without asking a court to decide disputed issues.
Spouses choose this path for control and privacy. The terms come from the two of you rather than a judge, and the negotiating happens in meetings instead of open court.
Texas sets the rules for this process in its Collaborative Family Law Act. The agreement everyone signs is called a participation agreement. Under Section 15.101 of the Texas Family Code, it has to be in writing, say that both of you want to use the collaborative process, describe which issues it covers, and name each spouse’s lawyer, with each lawyer confirming in writing which spouse they represent. The process officially begins when both spouses sign, not when anyone files in court.
How Does the Collaborative Process Work in an Austin Divorce?
Once the agreement is signed, the process generally follows three tracks:
- Exchanging information: On request, each spouse must provide information related to the case promptly and fully, without formal discovery, the court-run exchange of documents and sworn answers.
- Keeping communications private: What is said in the process can be kept confidential to the extent the spouses agree in a signed record.
- Working toward settlement: The spouses, their lawyers, and any neutral professionals they hire together meet until they reach a written agreement.
Because the information exchange depends on candor, the process works best when both spouses are prepared to put their full financial picture on the table.
Can You File in Travis County and Still Keep Your Case Out of Court?
Yes. Under Section 15.103 of the Texas Family Code, spouses in a pending case can sign a participation agreement. If the court is notified at least 30 days before a scheduled proceeding, it may not set hearings, impose discovery deadlines, require compliance with a scheduling order, or dismiss the case until a spouse reports that the process did not produce a settlement.
If the case has not settled, the spouses must file status reports with the court, and the court must allow more time if they want to keep using the collaborative process.
Where you file depends on residency. Under Section 6.301 of the Texas Family Code, one spouse must have been a Texas domiciliary, meaning someone who has made Texas their permanent home, for the preceding six months and a resident of the filing county for the preceding 90 days. For most families in the city, that county is Travis.
What Ends a Collaborative Divorce in Texas?
The process ends in any of these situations:
- A spouse gives written notice that it is over, which requires no reason
- A spouse starts a contested court proceeding or files a motion without the other spouse’s agreement
- A collaborative lawyer is discharged or withdraws, unless a new collaborative lawyer is hired within 30 days and both spouses confirm the agreement in a signed record
Ending the process early has a real cost: both spouses lose their lawyers for any court case that follows. Under Section 15.106, a collaborative lawyer, and generally anyone in that lawyer’s firm, cannot represent a spouse in a court proceeding related to the collaborative matter. The exceptions are narrow: asking the court to approve a settlement, or seeking or defending an emergency order when a new lawyer is not immediately available. Starting over with new lawyers means new fees and time spent bringing them up to speed.
Can the Court Still Protect You During the Process?
Yes. Under Section 15.104, a court may issue an emergency order during the collaborative process to protect the health, safety, welfare, or interest of a spouse or a family. If the court grants that order without everyone’s agreement, the collaborative process ends.
If safety is already a concern in your marriage, it belongs in the conversation before anyone signs. Collaborative divorce depends on both spouses negotiating freely, which is not always possible when one spouse fears the other.
How Long Does an Austin Collaborative Divorce Take?
Under Section 6.702 of the Texas Family Code, a Texas court generally may not grant a divorce before the 60th day after the petition is filed. That wait does not apply in certain family violence situations, such as when the other spouse was convicted of or received deferred adjudication for family violence against the filing spouse or a household member, or when the filing spouse holds an active protective order based on family violence during the marriage.
Beyond that minimum, the pace depends on the spouses.
The Settlement Agreement and Your Final Decree
Under Section 15.105, a spouse is entitled to judgment on a collaborative settlement agreement when it meets all three of these requirements:
- It is signed by both spouses
- It is signed by both collaborative lawyers
- It includes a prominently displayed statement, in bold, capital, or underlined type, that the agreement is not subject to revocation
Once all three are in place, the court can enter judgment on the agreement.
Most agreements settle the same questions a judge would otherwise decide, including how the marital estate is divided and, when there are children, conservatorship and support. What collaborative law means in a divorce comes down to who decides those terms, and our Austin divorce attorneys can explain how they would play out in a contested case instead.
Talk With an Austin Collaborative Divorce Attorney
Choosing how to divorce can feel as weighty as the divorce itself. The decision in front of you is whether to sign a participation agreement, and that signature deserves a clear understanding of what it commits you to.
A divorce can feel like trying to avoid landmines in the dark. At WSM Law, we empower women with the law, so the choice between a collaborative and a contested case is one you make with the lights on.
Call (512) 598-6745 or contact us to schedule a free consultation with an Austin collaborative divorce attorney and decide whether this path fits your family.
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You do not need to have everything figured out before you call. Our attorneys will answer your questions during the consultation, including:
- What the process looks like in your state and a general timeline
- What your case is likely to cost at each stage
- What you can do right now to protect your finances and your children
- What your strongest path forward looks like
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