Many married people in Texas do not know the options they have to accomplish a successful Texas divorce without the aid of a divorce attorney. The perception that there is only one choice to dissolve a Texas marriage is incorrect and not accurate. Texas married couples looking to reach an amicable or uncontested divorce, have many options to choose from for those looking to accomplish a divorce in the state of Texas. It all depends on specific families and their individual circumstances. No two marriages are alike and the same principal applies to divorce. Today’s blog focuses on some of the intricacies and nuances of Texas divorce law in hopes that knowing the alternatives, couples looking to file for divorce can fully understand all of their options.
Over 90% of Texas Divorces are settled by amicable agreements. Below are some options to arrange the best way to divide assets and decide what is best for your children in a divorce.
“Person to Person Settlements”
It is a very simple method to do this settlement. A couple looking for a Texas divorce simply need to sit down and have a person to person conversation and agreement that makes sense to both of them. Once the arrangement is completed, it can be put into a legal form by simply going to an online divorce forms website or be taken to a Texas divorce attorney. For those couples who choose to file for divorce online, the benefits are generally far more cost effective as well as being time efficient in conjunction to that of a divorce lawyer or divorce attorney.
If you do not have children or major assets, this process of a Texas divorce is the easiest, fastest and most private option a couple has for an inexpensive Texas divorce. A couple might be giving up specific rights without the professional knowledge of legal representation and it is possible to make mistakes. Try to keep in mind that by having an attorney review the agreement, questions might be asked that will change a partner’s point of view and will want to revise the Texas divorce agreement. If one partner has influence over the other, equal divorce needs might not be met.
“Do It yourself Texas Divorce”
There are many resources available for those looking for Texas divorce forms online. A checklist is usually included in these divorce kits and is designed to assist you with personal asset and child related issues. Most of these divorce forms are state specific and will keep you informed about your individual divorce options. A do it yourself divorce kit is best for couples with no children or without many assets. Keep in mind, not all divorce kits are well done and could cause more harm than good. Some divorce forms do not have the capacity to deal with major issues such as real estate, substantial assets or multiple children. Some divorce forms do not explain what your rights are and do not allow you to express yourself clearly. If one partner has influence over the other, equal divorce needs might not be met.
Mediation is an assisted negotiation. Mediation is used to assist couples to reach a friendly settlement. Mediators are neutral and do not take sides. Usually, couples are encouraged to try and reach a settlement in their Texas divorce case before they go to trial and see a judge in court. This negotiation is designed for a “best case scenario” for both parties. Mediation could be part of the litigation process where attorneys are involved and represent each party in the Texas divorce settlement. Having attorneys, a mediator and both spouses together can be a positive way to reach a successful Texas divorce agreement.
“Texas Collaborative Law”
One of the most popular ways to resolve disputes in a Texas divorce is to go through Collaborative Law.
In this Law, both parties agree that there will be no court contested issues. A team of Collaborative Law professionals in the financial, mental health, family and divorce fields work together to meet the family’s needs with the best results possible.
Most couples want to settle matters in a quick and friendly way. They wish to avoid hurting each other and their children. Texas Collaborative Law and uncontested divorce protects each party from the games usually played in Litigation and it also protects the emotional pain a spouse can feel when a decision is made against them. If an agreement is not made during these proceedings, litigation can now take place in court.
A judge or a jury can make a decision for the parties involved in litigation. Information presented to the decision maker can be very strict. Texas litigation is a way to make both parties deal and resolve difficult, undecided family issues. This process is usually a very negative “he said, she said” procedure and can be very harmful to the parties involved. This process is a very difficult and very expensive way to finalize a Texas divorce. The funds used to complete a Texas litigation could have been used for more important issues, like a children’s college fund.
Although most cases settle before a trial is completed, the process to prepare for trial can be very tiring, expensive and usually ends with un-repairable emotional damage.