Essential Things to Know About Mediation in an Uncontested Divorce in Texas

 Posted on February 01, 2023 in Divorce

It is widely known that divorce can be among the most upsetting and difficult processes anyone will ever have to go through. When most people think about divorce, they envision contentious courtroom proceedings, where the private dealings of a married couple are hashed out in open court for all to hear. Fortunately, alternative dispute resolution (ADR) methods have become commonplace in divorce proceedings.  ADR such as meditation can help couples reach an out-of-court agreement, saving time and money which would have otherwise been spent during litigation. 

You may be happy to hear that even if your divorce is not 100 percent amicable, there are still options for you and your soon-to-be ex-spouse that will allow you to have more control over the divorce process while also preserving your privacy. If you can reach a resolution through mediation or negotiation, you can proceed with an uncontested divorce. This blog will discuss important considerations to remember when it comes to an uncontested divorce, such as how mediation procedures can help aid the process and how a qualified divorce attorney can help you and your spouse resolve your divorce in a cooperative manner. 

How Can Mediation Procedures in an Uncontested Divorce Lead to a Divorce Agreement?

Alternative dispute methods, such as mediation, can allow spouses to come to agreements through the help of a neutral third party. During mediation, your focus is on reaching an out-of-court settlement rather than “winning” the case. There are two primary styles of mediation. One technique involves you and your spouse sitting down with the third-party mediator. This third party is often a licensed attorney, but they cannot be one of the lawyers representing either spouse in the divorce proceedings. Once all are seated, the meditator will lead the discussion and pick through each issue until an agreement can be reached. If your divorce is amicable and you are able to negotiate in good faith, this can be a great option.

The other mediation style is in cases where your divorce is less amicable, but you and your spouse still wish to avoid litigation. You and your legal counsel will sit in one room while your spouse and their legal counsel sit in another room. The mediator will then go back and forth between rooms to discuss the issues. This can be a great way to conduct mediation if the spouses do not wish to come into direct contact with one another but still want to have an uncontested divorce. 

If these options are still unsatisfactory, you and your spouse may decide that attorney-facilitated negotiation is the right choice. This form of dispute resolution involves your attorneys negotiating with each other. Your lawyer will be your voice and advocate as negotiations between your attorney and your spouse’s attorney take place.

Uncontested Divorce Involving Children

Litigation can be terribly painful for children to endure. Alternative dispute resolution methods like mediation can help shield children from the issues. It can also be comforting for children to know that their parents are working together to come to an agreement. This cooperation between the parents can sometimes lead to more effective co-parenting once the divorce has been finalized.  

Contact a Harris County Uncontested Divorce Attorney

If you and your spouse want to end your marriage and avoid litigation utilizing alternative dispute resolution methods, contact the Houston uncontested divorce attorneys with The Cusic Law Firm, P.C.. Call 713-650-1866 for a free consultation.

Source: 

https://www.forbes.com/advisor/legal/divorce/uncontested-divorce/