There are many ways to end a marriage, many of which can keep you and your
spouse outside of the courtroom, minimizing the potential for a nasty
and drawn-out legal battle. Among these alternative approaches to divorce
is mediation, which is non-binding unless spouses can achieve a mutually
agreeable settlement. Generally, this method works best for couples who
are willing to compromise to dissolve their marriage in a more cost-effective,
less time-consuming manner.
You and your spouse do not necessarily have to be on amicable terms for
mediation to work. If neither of you can afford to get involved in a lengthy,
costly litigation process, you can still benefit from this process. A
skilled mediator can facilitate productive negotiations, keeping the conversation
focused on resolving certain key issues without getting lost in the weeds.
Will it Work for Me?
In most cases, divorce mediation can work, but both partners must be on
the same page to some degree.
If most or all of the following are true for you, mediation might be right for you:
You both agree that a divorce is best: Just because you want a divorce, does not mean your spouse does. Of course,
nothing can stop you from obtaining a divorce, even if your spouse disagrees.
However, this does mean that mediation will not work for you. If you both
agree that a divorce is the right choice, on the other hand, you might
be able to work together on achieving a resolution.
There is no history of domestic violence or abuse: Typically, most mediators will not take a case that involves domestic
violence because it is too difficult to determine if the victim is agreeing
to settle out of fear or intimidation. Although Texas law does not require
mediation, a judge can order it. If you can prove a history of domestic
violence, however, you will be excused from attending these sessions.
You and your spouse are open and honest about your finances: When a divorce involves hidden or wastefully dissipated assets, it complicates
matters and requires the assistance of a forensic accountant. Mediation
only works when both spouses willingly provide all pertinent financial
information, including documents related to retirement assets, stocks,
bank accounts, and other assets and debts.
You agree on custody and visitation: Child custody is another frequently contested aspect of
divorce. If you and your spouse are willing to compromise and work together on a
custody arrangement or if you are already in agreement regarding what is best,
mediation may be right for you.
Schedule a Consultation with Our Skilled Mediation Team Today!
If you are considering divorce
mediation to dissolve your marriage, the team at the Law Office of Kathryn Marteeny
can assist you and ensure you make the best choice for your situation.
With more than three decades of legal experience on our side, you can
feel confident in our ability to help you and your spouse achieve the
best possible agreement.
Contact us today at (713) 936-2300 to schedule a consultation with a trusted member
of our family law team.