Getting divorced can be messy, stressful, and emotionally taxing when you have to settle your divorce in court. However, you may have another option if your divorce is uncontested or if your ex-spouse is willing to try settling a divorce outside of court. Mediation can be an excellent solution for couples who are separating. Learn more about how a divorce mediation lawyer can help you with your case.
What Is a Divorce Mediation Lawyer?
Divorce mediation lawyers in Sugar Land, TX are experts in resolving divorce-related issues outside a court process. A certified mediation expert can be a lawyer who specializes in family law. That said, even if a mediation expert is also trained as a lawyer, the mediation lawyer used for your divorce cannot represent you or your ex-spouse because mediators must be unbiased.
If you and your ex-spouse agree to separate through mediation, then you will need to hire a divorce mediation expert to preside over your divorce discussions. However, you may also choose to hire a personal lawyer to help you understand the divorce paperwork and process. The divorce mediation expert will be an authority in the room that will keep the peace and guide both parties of the divorce toward a peaceful, fair resolution.
How Does Mediation Work?
Essentially, mediation occurs as a meeting or series of meetings between ex-spouses so the division of property, assets, and other marital possessions can be equally or equitably divided without a judge.
You may need a divorce mediation lawyer if you and your ex-spouse have an amicable divorce, and you agree on the division of most assets and property. Using a mediation lawyer can be a more peaceful divorce resolution, particularly if there aren’t many disagreements on how belongings should be divided. Most issues related to a divorce can be done through mediation.
Can Child Custody Be Determined By Mediation?
Depending on the circumstances of your divorce, it’s possible to make a child custody arrangement through mediation. For this to work, both parents must agree on custody, visitation, and child support. Crafting a parenting plan during mediation is typically the best approach since this will allow both parents to have input on child care and other arrangements.
Arranging child custody through mediation is usually most appropriate when children are older or when there is no contention between parents about how children should be raised. Child custody through mediation can often be less stressful and time-consuming for the entire family.
What Do You Need to Know About Mediation?
If you want to divorce through mediation in Texas, then there are a few things you should know. For example, mediation is a voluntary process that both spouses must agree to. You can request mediation by contacting the family law court and asking for your divorce process to be settled through mediation. Finally, the topics discussed during mediation are confidential, which means these discussions cannot be used against you as part of a civil case later on.
The requirements for divorce through mediation are the same as filing for traditional divorce. In particular, you and your ex-spouse will still need to meet the six-month residency requirement before you can arrange for divorce through mediation. However, unlike a traditional divorce, you may not need to have specific “grounds” for divorce mediation. Instead, insupportability or no-fault divorce is acceptable for mediation.
Is Mediation Legally Binding?
Just like a divorce settled in court, a divorce settled through mediation is legally binding in Texas. When a mediation document is signed by both parties, this agreement becomes a binding agreement that can be enforced by the family law court. This means that the division of assets, property, debts, and child custody can all be enforced by your mediation agreement, which will finalize your divorce process once it is submitted to the court.
How Should You Prepare for Mediation?
Preparing for mediation is similar to preparing for your divorce, especially in terms of the evidence you will need to collect. When you go to a mediation meeting, you will need to have relevant documents available to prove your cases, such as financial information, assets you owned before the marriage, and other information.
You will need to provide evidence for the division of certain properties, assets, and debts. If there are shared children, then documents relating to the child and the welfare of the child will also be
necessary. If you aren’t sure what documents to prepare, discuss the materials you will need for your mediation with a family law attorney.
Divorce mediation is generally a good option for spouses who have an amicable separation and are willing to commit to the equitable division of shared children, assets, properties, and debts. Mediation invites a neutral expert to guide both parties toward a fair resolution. Either spouse can voluntarily request divorce mediation at any time.