How To Resolve A Contested Divorce In Texas
This article discusses:
- The importance of remaining dedicated to resolution throughout your divorce case.
- The role of a mediator during your divorce case.
- The role of your attorney during divorce mediation.
What Happens If My Ex And I Cannot Agree On Any Terms In The Divorce?
If you and your spouse cannot agree on anything, it will mean that your divorce is contested. A contested divorce significantly affects your ability to complete the process as it requires you to appear before the court – either in front of a judge during a bench trial, or in front of a jury during a jury trial.
If children are involved, you will have two hearings: the temporary orders hearing and your final divorce hearing.
If no children are involved, you may be able to avoid the final hearing altogether. However, this is only possible if you and your former spouse can agree on the terms of your divorce and file an affidavit stating that this is the case.
Can My Spouse And I Resolve Our Divorce Case If Litigation Has Started?
While it is technically possible to settle a divorce case in Texas after litigation has started, we strongly advise doing so before litigation, if at all possible. You can settle a divorce in the midst of litigation, but once you are before a judge in court, you lose your ability to control the process – the final decision is left up to the judge.
Of course, sometimes it’s just not possible to come to an agreement – this is exactly what divorce litigation is for. As such, your ability to resolve a divorce case after litigation has started depends on a wide range of factors, and ultimately, your ability to compromise.
Do My Spouse And I Need To Agree Before We Can Be Granted A Divorce In Texas? Or Can Some Things Be Worked Out Along The Way?
Legally, you can settle your divorce case any time you and your spouse can come to an agreement. This is true even if you are in the middle of a trial – you could ask the judge to pause the trial so you can settle, and they will let you. The truth is, judges typically prefer you to come to an agreement than to decide the terms of your divorce themselves.
Settling, if achievable, is the preferable outcome for all. In this way, both parties involved incur fewer fees from lawyers, judges do not decide on the terms of your divorce independently, and there is generally less stress involved in the process. For these reasons, mediation is worth pursuing if settling is the outcome you want as It allows you to maintain the greatest amount of control over the situation.
What Does A Divorce Attorney Do In Mediation?
Some of our attorneys are also mediators, so we have a depth of knowledge and experience we draw from when helping you resolve issues that come up during divorce.
During mediation, you will work with:
- The mediator,
- The attorney you have hired to represent you,
- Your spouse, and
- The attorney your spouse has hired to represent them.
When you hire an attorney to go to mediation, their responsibility is to explain the process and what is expected of you. Your lawyer represents you and often serves as an intermediary between you and the mediator, ensuring that you are not being taken advantage of and making you feel comfortable along the way.
If you get to a settlement agreement during mediation, your lawyer is also responsible for overseeing that the terms and conditions you have agreed to are put into writing. This settlement agreement will eventually be put into your final divorce order. When this happens, your lawyer will ensure no discrepancies between the terms and conditions in your mediated settlement agreement and the final order exist.
It’s important to keep in mind: Mediators do not decide cases, they simply try to get you and your spouse to agree – a process that often entails going back and forth with attorneys. So, while the law does not require a mediator to be a lawyer, lawyers tend not to select mediators who are not lawyers since they are not as proficient in family law.
With the guidance of a skilled attorney for Family Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Family Cases in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (432) 653-1899 today.
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