Texas residents who choose to get divorced could do so on their own or end their marriage through litigation. In many cases, getting a divorce without going to court is faster than asking a judge to make a ruling. However, this is generally only a good idea for those who don't have children or many assets to divide. For individuals who need to get a judge to make a final ruling in a divorce, it could be months before a court date is set.
It is important to recognize that there are options, such as mediation or arbitration, that a divorcing couple can try before seeing a judge. Mediation involves a neutral third party who will work to ensure that both sides can communicate freely and openly. It may take several sessions before a divorce settlement is agreed upon. Arbitration is similar to litigation as the arbiter will make a ruling after hearing evidence.
One advantage of arbitration is that there may be less of a lead time in getting a hearing date. It is also possible to use mediation or arbitration to settle some issues while negotiating others in private or in court. Ultimately, the participants in the divorce generally control how long it takes to conclude based on their ability to work together to resolve key issues.
In a divorce case, emotions may run high. Therefore, it may be a good idea to consult with an attorney who may look at the matter from an objective perspective. Legal counsel could take steps such as reviewing prenuptial or other agreements that a person entered into while married. If they are valid, they could play a role in settling a divorce. If necessary, an attorney may represent an individual during the arbitration, litigation or mediation process.