Originally published by Law Office of Bryan Fagan.
One of the things I like about my job is that is never boring. Every case and client I represent is different and unique. Often one of set of facts or situation may be similar to another set of facts but the people in the situations are different so the outcome may be different.
When I am meeting with prospective clients I like to hear their story in as great as detail as they feel comfortable telling me that way I can better advise them of their options. Towards their the end of the meeting I will ask them how much about the divorce process do they know.
4 Steps in the Divorce Process
Generally, most of the people I meet with have not been through the process before or have not been through it before. I usually will flowchart the process for them to give them a way to visualize the process. Ultimately they will see that there are 4 steps to a Texas divorce which are:
Depending on the case not all of these steps may be necessary. For example if the case in step one settled on final then the next 3 steps could be skipped. Another example would be the case could settle on temporary then the 2nd step could be skipped.
The Benefits of Mediating a Divorce Case
Mediation is a legal process that allows participants to develop a resolution outside of the traditional courtroom setting.
Mediation usually involves the two divorcing parties, their lawyers, and a neutral third party who serves as the mediator. The mediator’s job is not to act as a Judge, but to facilitate help the parties come to an agreement themselves.
The process has gained popularity in recent years by participants, lawyers, and Judges. There are some definite benefits to mediation rather than taking a divorce case to court. These benefits include:
- Comfortable Less Formal Environment – Mediation does not have the same rules of procedures on introducing evidence or when to talk. Participants are told to dress comfortably. This allows couples to focus more on coming to an agreement as opposed to courtroom procedure.
- It is Successful – Most mediators will tell you that 90% to 95% of the cases that go to mediation settle in mediation.
- Control – The mediation process allows participants a greater level of control over their case than trying a case in court. Instead of asking a judge to make a final decision, the agreement in mediation is often developed between participants.
- Creative Solutions – Parties can agree to creative solutions that would not necessarily be available in court. A courts authority is limited by statute. Parties in mediation do not have as many limitations. This allows spouses to tailor a custom agreement that suits your current situation.
- Time – The mediation process does not depend on the schedule of the courts. The parties can pick a mediation date that works for everyone’s schedule. This can allow the process to move more quickly. Traditional negotiations involve sending an offer and waiting for a counter offer. This can go back and forth for weeks or months. Mediation involves all the decision makes being in the same building not necessarily the same room resulting in resolution in less time than the traditional courtroom divorce or traditional negotiations.
- Confidential – Under Texas Civil Practices and Remedies Code Chapter 154 mediation is confidential. In other words what happens in mediation, stays at mediation. This means that any offers that are communicated during mediation cannot be used as evidence in future any future court hearings.
- Certainty – If an agreement is reached in mediation that mediated settlement agreement (MSA) becomes a contractually binding agreement under Texas Family Code, Section 6.602, that cannot be changed absent a showing of fraud, or coercion or duress in the procurement of the mediated settlement agreement.
- Cost – As a result of the process of taking less time mediation often costs less than a traditional divorce.
- Children – In divorce cases involving children thee is often a benefit to successfully mediating the divorce case. Mediation can help to establish a parenting plan that meets the wishes of both parents in which ideally, both parents are actively involved in the children’s lives.
It is important to note that mediation is not for everyone or every case. In cases involving issues of abuse and do not believe that they can develop an amicable resolution may not benefit from this process. In such cases it may be possible to request that the case skip mediation and go straight to court.
Law Office of Bryan Fagan | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.
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