If you and your spouse have decided to divorce, you may be wondering what to do and how to handle the situation. Experienced Texas divorce lawyers know that not every marriage termination has to go to trial. There are a number of options couples have in finalizing their divorce with the assistance of their divorce attorneys.
Depending upon the complexity of your circumstances and your ability to work together with divorce lawyers, you can often avoid a trial setting altogether. Consider the three approaches below that Texas divorce attorneys use to help people terminate their marriages.
1. The Collaborative Method
The collaborative approach is the most amicable way to end a marriage. It involves collaborative negotiation between both parties. When using this method, you and your spouse would each be represented by your own Texas divorce attorneys who would negotiate on your behalf.
You will both sign agreements stating your willingness to share all relevant information necessary to facilitate negotiation. Next, you will meet with each other and your divorce attorneys to discuss all required details.
The collaborative process is usually beneficial for those who can easily compromise with the other, and in situations where there are no disputes and no complicated estates to divide. It is usually the least expensive and less time-consuming method; however, it should only be used if you can work with your spouse and find this type of setting to be preferable over other options.
2. The Mediation Method
The collaborative approach is desirable; however, there are disputes that may make it impossible. In some situations, you can work with a mediator to help you and your spouse negotiate and avoid the necessity of going to trial. The mediation approach involves you, your spouse, and an independent mediator who does not work for either of your divorce lawyers.
You will both meet with the mediator to resolve disagreements as efficiently as possible, after which you can continue on with your Texas divorce lawyers. Mediation often occurs at the end of proceedings and may prevent the need to go to trial or help speed up a trial; however, it can be done at the beginning. Some divorce attorneys find that mediation that occurs at the beginning of the divorce process can make the entire termination easier overall.
3. The Adversarial Method
When circumstances are particularly tense or complex and mediation is either unsuccessful or not likely to help, the final option is the adversarial approach. This process involves either litigation or arbitration, with divorce lawyers individually representing one spouse against the other.
This approach can be emotional and aggressive at times and is only recommended when you and your spouse cannot work together toward an easier solution. The adversarial process may also be necessary in cases where there are extensive estates that must be divided, if there has been any type of violence in the marriage, or if the resolution of child custody is proving to be very difficult.
When deciding which way you and your spouse would like to proceed, discuss your circumstances with Texas divorce attorneys who can give you good advice. Most marriage dissolutions can be handled without a trial thanks to the help of experienced divorce lawyers; however, mediation may still be necessary.
In the best situation you, your spouse, and your respective divorce attorneys can work together during divorce proceedings to produce an agreement that the family court can review without the need for litigation. Every circumstance is different and should begin by selecting Texas divorce lawyers who can help!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Floor Blvd, Suite 12
Brownsville TX 78526
2395 La Palma Street, Suite C
San Benito TX 78586