Texas Legal Glossary · Family Law

Collaborative Divorce

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Collaborative divorce is a voluntary Texas divorce process under Family Code Chapter 15 in which both spouses and their specially trained lawyers sign a participation agreement to settle every issue outside court, with the lawyers required to withdraw if the case goes to litigation.

Also called: collaborative law, collaborative family law

What collaborative divorce means in Texas

Collaborative divorce is a structured settlement process governed by the Collaborative Family Law Act, Chapter 15 of the Texas Family Code. Texas was the first state to put collaborative law in a statute, in 2001. The spouses and their lawyers sign a written participation agreement under § 15.052 committing to resolve the divorce through cooperative negotiation, full voluntary disclosure, and jointly retained neutral professionals, without going to a judge for a decision.

The defining feature is the disqualification rule in § 15.101. If either spouse ends the collaborative process and takes the case to court, both collaborative lawyers and their firms must withdraw. That rule gives every person in the room, lawyers included, a stake in settling.

How it works in practice

The spouses and lawyers meet in a series of joint sessions, usually four to eight, instead of exchanging formal discovery. The team often adds a neutral financial professional who gathers records and models property options, and a mental health professional who helps the parents build a parenting plan. Communications in the process are confidential and privileged under the Act, so what is said in a joint session cannot be used later in court.

Under § 15.054 the case is stayed while the collaborative process is active, and the parties file periodic status reports. When they reach agreement, the lawyers draft a settlement agreement and a decree, and the court signs it after the 60-day waiting period. While the process continues, the court does not set hearings or trial dates.

Why it matters in your case

Collaborative divorce suits spouses who want privacy, control over timing, and a working relationship after the decree, such as parents of young children or owners of a shared business. It does not suit every case. It requires honest disclosure from both sides, and it fails when one spouse hides assets or uses the process to delay. We offer collaborative representation and screen for that risk at the first meeting.

Example

Jenna and Raj own a small architecture practice and have a seven-year-old. They sign a participation agreement, bring in a neutral CPA to value the firm, and meet six times over four months. Jenna buys out Raj’s interest over three years, and they adopt a week-on, week-off schedule. Neither sets foot in a courtroom.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.