Divorce mediation is a process that helps spouses resolve their divorce case without going to Court. It is one of the most effective ways to settle a divorce. You and your spouse will meet with a neutral mediator to discuss your issues. These may include the division of your property, child custody, and support payments.
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Child Custody
Divorces can be painful, costly, and frustrating. They can also be lengthy and complicated and often involve subpoenas, motions, and court appearances. One way to avoid the stress and expense of going to trial is by filing for divorce mediation. This is a form of alternative dispute resolution recognized by Texas courts. In mediation, you and your spouse sit down with a neutral mediator who assists you in reaching an agreement on the issues in your case. There are two main types of mediation in Texas: “roundtable” and “caucus.” A roundtable involves the parties sitting in one room with the mediator. The mediator then splits them into different rooms and walks back and forth between them to help the parties find a reasonable “middle ground.” Mediation can be a good option for couples willing to put in the time and effort needed to create an acceptable resolution. It can also be an excellent choice for couples who have a healthy and respectful relationship with each other and can express their needs and desires maturely. What happens after divorce mediation in Texas? Once an agreement is reached during mediation, the two parties sign a mediated settlement document and file it with the Court. This document defines the terms of the divorce settlement and will be used as the basis for a final divorce decree.
Property Division
Property acquired during a marriage is considered community property if either party did not separately own it. This includes everything a spouse earned or received during the wedding and all debts incurred by the couple during the marriage. When couples get divorced, they often struggle over how to divide the property. During a divorce, the judge must fairly divide all of this property. The Court will also consider other factors, such as each spouse’s earning capacity and the responsibility of raising minor children during the marriage. A skilled attorney can be an invaluable asset in the property division. They may argue that one of your spouse’s separate properties has been converted into community property during the marriage, or they may find ways to value certain items to make them more appealing to a judge. The key to successful property division in a divorce is to be ready to negotiate and compromise when possible. A mediator can help you and your spouse to reach a reasonable agreement that is in the best interest of both parties. Getting into the mediation process early in your divorce is often a good idea, as it will give you time to work out the details of your settlement.
Child Support
Child support is an often-contentious issue that can quickly become a contention between divorcing parents. Whether you seek to establish a new child support order, modify an existing one, or enforce a current one, consider mediation to resolve this matter. Mediation is an alternative to trial, but it can be challenging for some couples. However, it can be a productive way to settle divorce-related disputes. If you and your spouse can reach a mediated settlement agreement on all the issues in your case, you have a right to a final divorce decree that follows the terms of the settlement. This is true whether you signed the settlement during voluntary mediation (before or after filing for divorce) or if a judge ordered you to participate in mediation. During mediation, you and your spouse can discuss all aspects of child support, including the amount to be paid and how it will be calculated. You can also negotiate how much of the child’s extracurricular activities will be covered by the support amount. When you and your spouse have agreed on all of the issues in your case, you should file all of the necessary documents with the Court. These documents include the final divorce decree and other support-related paperwork. You and your spouse should also meet with a lawyer to review the paperwork.
Alimony
The mediation process is an alternative to going to trial, and most divorce cases end up settled through mediation instead of getting thrown into a courtroom. The mediator is a neutral third party who works to help the parties resolve their issues and reach a mutual agreement. Once a settlement is reached, parties must file documents regarding the division of property and the payment of support (alimony). These documents are often filed within an entry date set by the mediator or the judge overseeing your case. There are several reasons a couple may choose to settle their divorce through mediation instead of going to trial. These may include financial concerns or a desire to avoid the cost and stress of going to Court. One way to decide if divorce mediation is correct is to ask a lawyer about your case. A divorce attorney can tell you whether or not you’re a good candidate for mediation and help you determine the best mediator for your case. Certain circumstances under the law allow a spouse to receive temporary spousal maintenance, also known as alimony, for some time following the dissolution of their marriage. These circumstances include a disability or a financial burden that makes it impossible for the spouse to earn money.
