Dissolving a marriage in Texas technically requires filing a lawsuit. However, just because you have to file a lawsuit does not mean traditional litigation is necessary to work out the terms of your split. Many married couples today are relying on mediation to address their disputes instead.
With mediation, you depend on a neutral third party to facilitate your dispute resolution. The mediator will promote agreement between both spouses. The ultimate goal of the mediator is to help both parties to understand each other and to provide creative solutions to help them to arrive at their own agreements.
Objectives of mediation
When you and your spouse agree to mediate your divorce, or if the court requires you to complete this alternative dispute resolution process, the goal is to create a divorce agreement that is mutually acceptable, equitable and legally sound. Another goal of this process is to avoid the trauma and expense that is inevitable with going to trial. Finally, mediation helps with reducing hostility as well as controversy following the finalizing of the divorce.
Benefits of mediation
A major advantage of this process is that it protects your confidentiality. On the contrary, when you go to court, everything that takes place in court is part of the public divorce record. In addition, because you and your spouse will work on developing your own agreement, you are more likely to be satisfied with the outcome long-term than you would if you went to trial.
Another benefit of mediating a divorce is that it can help you and your future ex-spouse learn how to address conflicts now, which will prove valuable in the years ahead if you have young children.
An attorney is an important part of the process
If you are interested in using a mediator as part of your divorce, your Texas attorney can come along with you to your sessions. Your attorney can help you to determine if a certain settlement would really be in your best interests. This is particularly important when you have high-value assets to divide, such as a family business or real estate property.
If you have minor children, the attorney can also provide guidance on creating a fair parenting plan that meets your needs and, most importantly, considers the best interests of the children.