What are the limits to collaborative divorce negotiations?
In Texas, the limits of collaborative divorce negotiations depend on the parties involved and the divorce process itself. For example, the parties are allowed to negotiate all aspects of the divorce such as equitable division of assets, settlement of debts, spousal support, and length of divorce proceedings. The parties can also negotiate the type of divorce they desire, such as a collaborative divorce, a no-fault divorce, or a contested divorce. However, the collaborative divorce process has some limits that must be respected. The parties must remain in good faith throughout the process and remain committed to finding an amicable solution. This includes working together to develop a mutually-beneficial agreement, negotiating in good faith, and refraining from aggressive tactics. In addition, parties must not involve the court in the divorce proceedings and must take all reasonable steps to resolve the dispute without involving the court. This includes using mediation, counseling, and other forms of alternative dispute resolution. The parties must also follow the Texas Family Code and any other applicable laws during the divorce process. Finally, the parties are prohibited from making false statements during the process and should not be influenced by outside forces. This includes doing anything that might unduly influence the other party, such as engaging in behavior that is coercive or manipulating. Additionally, the parties are not allowed to use threats, duress, or harassment during the collaborative divorce process.
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