The process of a divorce can be seen as a series of decisions that you and your spouse have to make. You decide, for example, who will stay in the home you shared and who will leave; how you will handle paying the bills in two households; and how you will divide your assets. Even acquiring divorce papers in Texas can be a hassle. But beneath all of these big-picture topics lie hundreds of choices you make that are just as important. Each of these decisions, thoughtfully considered, build upon your previous choices until you have completed your divorce. To know more about divorces read our news articles such as Getting a Divorce? Don’t Let the Tail Wag the Dog.
More Divorce Help: Know Your Options
The process of divorce can be complicated and frustrating. It’s frequently the case that both parties do not agree on the issues at hand. It’s important, however, that both spouses try and work together to negotiate their differences. If it’s possible, spouses may be able to come to a conclusion through the kitchen table agreement model. Sometimes being able to access Texas divorce papers online can help couples even more. Couples can sometimes successfully negotiate their own divorce without complicating matters. This doesn’t work for everyone, but it’s a method that is worth trying.
A lawyer assisted mediation is a method that allows spouses to examine the case objectively and without blame. This kind of method is often time consuming, but the unbiased mediators assisting the meeting can be a tremendous help. It’s especially helpful because a lawyer is present to provide information. However, because this style of mediation requires the presence of legal help, it can be very expensive.
Many couples want nothing to do with a lawyer in their divorce process. This is not an unreasonable or unusual request. A mediation without separate lawyers is a potential option for those who would prefer a professional divorce mediator to assist with the divorce process. You get the benefit of a neutral third party but neither party involved is receiving separate legal advice.
Most couples prefer a settlement with very little resistance. It’s no surprise, either. Odds are that the time spent up to the divorce has been stressful enough for both spouses – there’s no need to create even more tension. Through collaboration, spouses can seek creative solutions and avoid contested issues through a collaborative law approach. This is a good tactic for individuals who want to move through the process of divorce quickly and efficiently. All parties involved should keep their commitments and establish a safe environment for the negotiations to take place.
Oftentimes couples decide that their case’s decision will be based entirely in the court. Referred to here as the litigation model, this is a more traditional method where the laws and rules of the courtroom dictate the outcome of the divorce. It can be a beneficial tactic, as oftentimes the court assures each spouse of their rights and neither should be receiving preferential treatment. Sometimes, however, the litigation model will result in a court order that affects a family’s future in a negative way.
Negotiated Divorce® is right for you if both you and your spouse:
• are ready emotionally, and financially to get the divorce;
• want an economical and streamlined model to work through your divorce;
• want the process to be efficient and timely;
• are able to organize your financial information easily and efficiently;
• have assets that are readily-ascertainable, and no reasonable concerns about fraudulent conduct of the other spouse;
• are responsive and respectful towards a timeline;
• are not in major disagreement surrounding parenting;
• are open to mediation and willing to submit to binding arbitration;
• want to reach an agreement outside of the court system;
• can have respectful conversations regarding your issues with the assistance of an attorney.
Negotiated Divorce is probably not a good option for you and your spouse if
• there are restraining orders in place, or either of you feels the need for restraining
orders or has domestic violence concerns;
• either of you feels intimidated by the other party to the extent that it would impair your ability to negotiate fairly;
• either of you does not really want the divorce and would like to stall the process;
• either of you fears that your spouse has hidden assets or been untruthful;
• either of you is afraid of proceeding too quickly for any reason;
• the level of animosity between you would prohibit efficient settlement negotiations and you are unwilling to work with a divorce coach.