The majority of divorce cases are settled without the need for a final trial through mediation or informal attorney negotiations. The collaborative approach to divorce involves the spouses and their attorneys attempting to reach a settlement without court involvement. This approach is private with the goal of minimizing the difficulties normally associated with divorce.

A divorce is described as agreed or uncontested when the spouses agree to resolve all of the significant issues of the divorce without heavy involvement from the attorneys or the court. An attorney’s role is typically limited to preparing the minimum required documents to make the divorce final. This alternative is ideal when the spouses are in agreement regarding division of property/debts and custody of the children, because it reduces the financial and emotional expense of the process.

A spouse may only file for divorce in Texas if one of the spouses has been domiciled in Texas for at least six months before filing. At least one spouse must be a resident of the county in which the divorce is filed for at least 90 days before filing.
Many lawyers have differing opinions about the benefits of filing a divorce suit first. Ordinarily, a spouse does not gain any huge advantage by filing a divorce suit before the other spouse. However, if one spouse has been physically abused, he or she is encouraged to file for divorce first to build credibility to the allegations of abuse.
The length required to finish any legal matter can vary. A divorce can be made final 60 days after filing the original petition for divorce, assuming that the final decree has been completed in that time. In some cases involving highly contested issues, it can take significantly longer than 60 days. The 60-day period is required to allow the parties to change their minds if they do not wish to proceed with the divorce, and to resolve any differences regarding property division and child custody before the divorce is final.
Although the information a family attorney may need to evaluate your case will vary, you should definitely be prepared to discuss the property and debts involved, your child custody, possession, and support goals, your spouses’ position regarding the issues of the divorce, and whether there has been any history of family violence during the marriage.
Our firm requires that clients submit an initial retainer before work commences to ensure payment for the legal services and expenses. Your attorney will determine the amount of the initial retainer based on the amount of work the attorney predicts will be necessary to perform a large portion of the work required to begin your case based on the hourly rate. If the initial retainer runs out, your attorney will require you to replenish the retainer to continue working on your case.