Divorce can be one of the most challenging experiences within one’s life. Beyond the personal implications, one must navigate the complex legal processes to finalize their separation. Two common methods of doing so are Mediation and Litigation which each have their pros and cons. It is important to understand the options available, and the options each one provides. By doing so, you can save time, money, and stress as an Arlington, TX divorce lawyer who has been rated by SuperLawyers can share.
Mediation
Mediation is a non-adversarial process where both parties work together with a neutral third-party to discuss and resolve divorce related issues. Within this process, the mediator works to facilitate a conversation that allows each side to discuss, eventually allowing the two parties to reach a mutually agreeable solution. The focus of mediation is to come to a resolution without going to court.
Key Features of how Mediation lawyers resolve conflicts within Texas:
- Voluntary: Within Texas, mediation is voluntary; however, most judges do require couples to attempt mediation before litigation.
- Confidential: Along with this, mediation in Texas is confidential further meaning that anything discussed within mediation cannot be used within court.
- Neutrality: Within the processes it is insured the mediator is neutral allowing both parties equal opportunity to speak.
- Balanced Participation: When in mediation each party is given equal time to speak allowing each side to state their case.
- Binding Agreement: If an agreement is reached, it is binding within the state of Texas, further meaning Mediation Settlement Agreements are binding within the state of Texas.
Mediation can be beneficial to both parties when each does not want to go through the time and effort necessary for litigation preparations. By using mediation, you can avoid high legal costs and maintain a fair environment where each party is given equal opportunity to come to a resolution.
Divorce Litigation
Divorce Litigation occurs in the instance when spouses cannot agree on how to resolve issues. A fully litigated divorce involves a trial in which a Family Court Judge oversees a trial adversary process between the two parties. During this process spouses can settle at any time, which usually results in lower costs, and a quicker resolution. Spouses have the ability to represent themselves, however many hire attorneys to assist them by providing advice, argue their positions, and to help navigate the complex court proceedings.
Key Features of Litigation:
- Child Custody And Support: Within the state of Texas, courts prioritize children’s best interests as they act in deciding visitation and custody issues.
- Community Property: Within Texas, the court views all assets acquired by either spouse during the course of marriage as community property, further meaning equally owned by both spouses.
- Expert Witnesses: Divorce litigation allows expert witnesses to testify within the course of a trial, as they can attest to topics such as impacts on the child. Testimony from experts can provide greater insight into matters within the divorce and can show expert analysis of certain issues.
- Discovery: With litigation, comes discovery. Discovery is the process in which each party can request certain information and documents from the opposing party. Information such as credit card records, bank information, and employment information may be requested within the discovery process.
Litigation can provide an instance in which each party can present witnesses and evidence to develop evidence within the process of divorce. While it does provide a greater amount of time to prepare, and further presentation of evidence, it comes with a much more expensive price tag.
When deciding whether to move forward with either Meditation or Litigation within a divorce, it is important to view each factor that could impact your personal life and hopefully result in a favorable outcome. Brandy Austin Law Firm has been rated 10.0 by Avvo and will act in a manner that always has your best interest in mind, and will help guide you through the process when entertaining the decision between litigation and mediation. In doing so we hope to promote our values to provide you with remarkable representation.
