During divorce mediation in Texas, a neutral third party helps couples talk about and resolve any important issues related to the termination of their marriage. Both parties, their lawyers, and a mediator will get together so they can discuss any important matters. It can help them to avoid the more time-consuming and expensive traditional court process, because they’ll be able to come up with a mutual agreement.
Mediators aren’t there to offer legal advice. Their job is to assess the potential risks to both parties and to facilitate the decision-making process. Mediation is part of the litigation process. In most courts, the parties must try to settle their disputes through mediation before the case can go to trial.
Why You Should Mediate You Mediate Your Divorce
Judges will often order divorcing couples to do mediation before they can go to trial, but you have the freedom to decide if you want to mediate (whether it’s before you file for divorce or any time after the process has been completed). A Texas divorce mediation can be beneficial in many ways. Some of them include the following:
- Cost — Mediating a divorce is much less expensive than going to trial.
- Settlement of the Case — Most mediations end in a settlement of all the issues related to the divorce.
- Confidentiality — There will be no public record of the mediation process, so it’s completely confidential.
- Freedom — Divorce mediation in Texas will allow you to come up with a resolution that’s based on what you think is fair instead of having something imposed on you because of rigid and impersonal legal principles.
- Control — Both you and your spouse (not the courts) have control over the divorce process.
- Communication — The mediation process can create an environment that encourages you and your spouse to communicate with each other, which can help you avoid any future conflicts.
Successful mediation can make the divorce process easier, because you’ll be able to take care of all the details related to specific issues. This will allow you to file an “uncontested divorce,” which is faster and less expensive than a litigated divorce (where couples battle each other in court).
Being able to file an uncontested divorce will save you money on attorneys’ fees and other costs associated with going to trial. Most courts tend to “fast track” uncontested cases, because everything has been settled in advance. The judge will be able to finalize your divorce much more quickly than if you had gone to trial.
When You Shouldn’t Mediate Your Divorce
Texas divorce mediation can work for many (if not most) couples who want to terminate their marriage, even if they have hard feelings and a lot of issues that need to be resolved. While it’s worth a try for most couples, it’s not a great option in every single case. Divorce mediation in Texas may not be right for you if:
- You have been a victim of domestic abuse — If you have experienced domestic abuse or have recently fallen victim to or are under the threat of domestic violence, mediation won’t be a good option for you. You should get the help of a lawyer or some other qualified source.
- You believe the power or dynamics of intimidation are too great — In these types of situations, people may choose to have a lawyer do all the negotiating for them. Some mediators won’t even take cases that involve domestic violence.
- Your spouse has a history of being deceitful or untrustworthy — If you believe your spouse may be hiding assets, wasting funds, or lying, mediation will most likely be a waste of time. You won’t be able to negotiate with someone who isn’t being honest, won’t make full disclosures, or play by the rules.
- You believe your spouse wants to delay the divorce process — The mediator can’t order either of you to do anything. So if your spouse is trying to delay the process or is taking steps to avoid paying child support, he or she can take advantage of the situation by agreeing to mediation before stalling the process.
- One of you is claiming fault or has hired a lawyer — If one spouse is claiming that the other is legally at fault for ending the marriage (which you can’t do in every single state), you’re not likely to have a successful mediation. But it’s not impossible. If your spouse has already hired a lawyer, you should think about hiring one as well. This person can help you to decide if mediation is worth it.
If you’re looking for a qualified divorce attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.