When people decide to dissolve their marriage, it does not necessarily mean that they harbor ill will towards one another or wish to engage in lengthy disagreements over issues such as property division and child custody. Thus, many people can benefit from mediation during the divorce process, which enables them to resolve disputed matters without protracted litigation. Even if divorcing spouses have an amicable relationship, however, it is important that they take the measures necessary to protect their interests prior to engaging in mediation. If you or your spouse intend to file for divorce, it is advisable to speak to a lawyer about whether mediation is an appropriate option for helping you end your marriage. The knowledgeable Dallas divorce attorneys of McClure Law Group have ample experience preparing for your divorce mediation, and if you engage our services, we will work tirelessly to help you seek the results you desire in an efficient and respectful manner.
Preparing for Your Divorce MediationMediation is a process through which a divorcing couple attempts to settle disputed matters like how marital property should be divided, whether either party should be granted alimony or child support, and what custody arrangement is in the best interest of any children they co-parent. Mediation is conducted by a third-party neutral evaluator who will evaluate each party’s position and attempt to guide them towards an agreement. In some instances, a court will order mediation, while in others, parties will voluntarily agree to mediate.
In preparing for your divorce mediation, it is critical that you understand your rights. Specifically, parties have the right to be represented by attorneys who will advocate on their behalf, explain the legal implications of any decision, and protect their rights. It is also important that parties are aware that, regardless of whether the court ordered them to mediate, they cannot be compelled to enter into any agreement unwillingly.
While divorce mediation is a valuable tool and helps many people avoid extensive litigation, parties should have realistic expectations regarding the mediation process and understand that it is unlikely that it will result in an agreement that completely aligns with their wishes. Rather, in most instances, a successful mediation will end with the parties agreeing to compromise on certain issues, such as spousal maintenance and child custody. Regardless, it is important for parties to gather any evidence that supports their positions on matters on which they disagree prior to mediation and set forth compelling arguments as to why their stance should be adopted by the opposing party.
Steps After MediationIf a couple is unable to resolve all of their disputed issues through mediation, the case will most likely have to proceed to a trial during which the parties will present evidence in support of their respective positions. If a mediator helped them come to a marital settlement agreement on some or all of their concerns, though, they should reduce the agreement to writing, sign it, and have attorneys who are present at mediation sign it below language in boldfaced, capitalized, or underlined font stating that the agreement is not subject to revocation. Generally, marital settlement agreements are considered binding contracts and will be upheld by the courts as long as they comply with these requirements established by Texas law. If a marital settlement agreement is valid and either party fails to comply with it, the other party may petition the court for enforcement.
Talk to a Trusted Attorney in DallasMediation can be a useful tool in helping parties end their marriages, but it is important for anyone considering mediation to understand what to expect. If you wish to end your marriage or received a petition for dissolution from your spouse, you should talk to a lawyer about your rights. The trusted attorneys of McClure Law Group are skilled at helping people navigate the legal and emotional complications of ending a marriage, and we will help you pursue the best legal outcome possible in your case. We frequently represent people in divorce matters in Richardson, McKinney, Rockwall, Garland, Irving, Fort Worth, and Frisco. We also help people with family law issues in cities throughout Dallas, Tarrant, Grayson, Denton, Collin, and Rockwall Counties. You can reach us via our form online or at 214.692.8200 to schedule a consultation.