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:
- Temporary Orders
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
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
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
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.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- 3 Great Texas Divorce Mediation Ideas
- What is mediation?
- What is Divorce and Family Law Mediation in Spring and Houston Texas?
- 6 things You Need to Know Before You File for Divorce in Texas
- I Want a Texas Divorce but My Husband Doesn't: What can I do?
- Can I sue my spouse's mistress in Texas?
- 6 Tips - On How to prepare for a Texas Divorce
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
Law Office of Bryan Fagan | Houston, 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
Houston, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Houston 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 Houston, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and