In some states, mediation is required before a divorcing couple can go to court. But mediation is not required in Texas. There is no mandatory mediation under the law, but mediation can be an option in some cases. Here’s why you might want to consider it.
Under Texas Family Code 6.602(a), if both spouses agree to mediation in writing or at a court hearing, the court may refer a Texas divorce case to mediation. You can go to mediation before or after you file your divorce petition. If you decide to go to mediation after you have filed, your attorney should let the court know.
There are some cases where mediation isn’t an option, though. When there is proven domestic violence in a relationship, mediation shouldn’t be an option. If you want to object to mediation because of domestic violence, you must do so before the final mediation order. Your attorney will help you file a written objection to the referral of mediation.
In Texas, mediation has become generally accepted as an effective way to resolve the issues that arise during the divorce process. Family courts are comfortable and familiar with mediation, which makes it a good option in many cases, including:
- When you want to save money: Mediation can resolve the issues in a divorce effectively, which reduces the time that your attorney spends going to court. Less time in court (or preparing to go to court) generally means fewer lawyer bills.
- When you and your ex want to handle things peacefully: Mediation can be a great option for spouses who can get along but wish to end their relationship. Participating in mediation can keep you working together to collaboratively resolve matters and come to a peaceful agreement. You’ll come to an agreement together rather than wait for a judge to tell you how things will be.
- When you have specific ideas about how you’d like things to be: If you’d like to customize your divorce agreement, mediation may also be for you. Judges are limited to the Texas Family Code in deciding the outcome of a case. But you and your ex have more options in mediation. You can come up with creative custody agreements that work for you and your kids, and you can have greater control over how financial matters will be settled.
Schneider Law Firm, P.C. has deep experience representing people in Arlington and the surrounding areas in their divorces. We understand that no single approach works for everyone, and we’ll tailor our services to meet your needs. Call 817-799-7125 or send us a message to arrange a free initial consultation with one of our lawyers.