When divorce mediation may not be the right option

The trends show that divorce is becoming more and more common in Texas. Just because divorce is becoming more common does not mean that it is becoming any easier for people involved in it though. People still have to divide their assets and debts, figure out which parent will have child custody, develop a parenting time schedule, determine the amount of child support, make decisions regarding spousal support and others.

The couple also needs to do this during a very emotional time when there is most likely some animosity between the parties. This can make the whole process a little more difficult. That is why divorce mediation can be a good option for many couples. A third party neutral mediator may be able to facilitate discussions between the parties when it is difficult for the parties to discuss the issues on their own. However, divorce mediation is not for everyone. There are certain situations when mediation would be a waste of the parties’ time and money.

One is if one party is afraid to express their opinions to the other spouse. This could because of abuse or for other reasons. Also, if the couple has already determined that they will not settle, mediation can be pointless since ultimately the parties are the only ones who can make decisions in mediation. Couples in the opposite situation, who have already reached agreements or can work with each other, may not need the assistance of a mediator in order to resolve the issues of the divorce either.

Every marriage in Texas is unique and therefore every divorce in Texas is also unique. While divorce mediation may be very useful for many couples, it is not for everyone. There are many couples who would be wasting their time by going to mediation. It is important to understand the situation and know the best way to proceed. However, regardless of whether the couple goes to mediation or not it is important to understand one’s rights in a divorce and experienced attorneys may be able to guide one through it.

Source: family.findlaw.com, “Divorce mediation overview” accessed on August 8, 2017

FindLaw Network
Heidi L. Heinrich
Rated by Super Lawyers


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