High-Stakes Law In High Heels

scale of justice
red stiletto
  1. Home
  2.  → 
  3. Family Law
  4.  → Two ways to divorce without resorting to litigation

Two ways to divorce without resorting to litigation

| May 14, 2021 | Family Law |

Not every divorcing couple in Texas necessarily wants their marriage to end in a dramatic courtroom show-down. There are alternative dispute resolution options for settling a divorce in a more amicable manner, including mediation and collaborative law.

Mediating your divorce

Did you know that in Texas it is mandatory to mediate your family law case before resorting to litigation? It’s true, and the fact is that most of these mediated claims result in a settlement. In mediation, you will work with a neutral third-party mediator who helps facilitate discussions between you and your ex with the goal of reaching a settlement on divorce issues, including child custody, property division and spousal support. You can still be represented by an attorney when you mediate your divorce.

Collaborative divorce

Another alternative to litigating your divorce is using collaborative law to reach a settlement. In a collaborative divorce, you, your ex and both of your respective attorneys will agree to reach a settlement on all your divorce issues. The parties can negotiate with one another, and other experts such as financial advisors and therapists can be involved in the collaborative divorce process.

If you and your ex do not reach a settlement, then your respective attorneys must bow out of the case and you must hire a new attorney to litigate your divorce. This gives everyone an incentive to make the collaborative divorce process work.

Learn more about alternative dispute resolution and divorce

Mediation and collaborative divorce often leave people happier with the outcome of their divorce when compared to litigation, as they both had an opportunity to be heard and were involved in the creation of the settlement. That being said, sometimes mediation or collaborative divorce do not work out or are not appropriate for some divorces.

Therefore, it can be helpful to keep litigation in mind as a possibility in your divorce. This post is for educational purposes only and does not contain legal advice. Our firm’s website on divorce in Texas may be a useful resource for those who want to learn more about this important topic.