Haltom City Mediation
One of the reasons married couples facing marital problems don’t go for a divorce is that they are not willing to undergo the lengthy legal battle that comes with it.
Divorce is notorious for its lengthy legal proceedings. If any underlying issues need to be resolved first, like child custody or alimony, the divorce will take even longer to finalize. There are also cases where either party is unwilling to back down on certain topics, which further complicates the proceedings.
Fortunately, there are avenues for divorcing couples to resolve any issues that may affect their divorce, and one of them is divorce mediation. If you need help getting divorce mediation started or wish to know how it can help you, let Davis and Associates, Attorneys at Law’s Haltom City mediation lawyers be your trusty guide. We will be your legal team from the beginning of the mediation proceedings to the divorce resolution to ensure your divorce proceeds smoothly once you take the step!
Call Davis and Associates, Attorneys at Law at (817) 631-8492 for your Free Consultation with a Haltom City Mediation lawyer!
Collaborative Divorce
Contrary to popular belief, there are divorce cases in which couples can reach a workable compromise that allows them to divorce without conflict. These divorces are called collaborative divorces and can only happen successfully if both parties still trust each other to a certain degree, enabling them to negotiate on key issues. Collaborative divorce can begin even without a court order, and the agreements reached can be brought before the court.
Divorce Mediation in Texas
If parties cannot collaborate on key issues and find a resolution, they may opt for divorce mediation. Divorce mediation is a legal procedure where couples can meet to negotiate the ideal divorce settlement before a neutral third party. Both parties need not worry about expressing themselves during the mediation process, as it will not influence the final agreement or be used by the court in their decision. Mediators will provide insight when there is conflict but will not influence the final agreement.
In Texas, divorcing couples can request mediation anytime, even after filing for divorce. They must demonstrate their readiness to take this step by signing an agreement to present to the mediator and the court. The court can also order the couple to undergo divorce mediation if needed, but it will be optional. If they agree to court-sanctioned divorce mediation, both parties must instruct their divorce mediation lawyer to inform the court.
It is important to note that parties must attend divorce mediation once they inform the court of their intention to do so. The court will already consider the precautions needed to ensure that the mediation proceeds smoothly and that there are no issues. However, should a party wish to withdraw from the mediation proceedings, they must provide proof as to why they do not wish to proceed before the final mediation date is scheduled. The mediation will proceed if a party cannot demonstrate that the other party will cause problems during the mediation proceedings.
Is Mediation Legally Binding?
During divorce mediation, the agreement reached is not inherently binding unless both parties consent to its binding nature. This consent is formalized through the signatures of both parties on the agreement, explicitly stating that it is not subject to modifications or revocations. Additionally, their respective lawyers must also sign the mediation agreement as witnesses.
However, if the mediation agreement was entered into in bad faith or under coercion, it will be invalidated. This is particularly the case if the agreement fails to consider the best interests of the children involved or if one party is a victim of abuse.
We Serve Your Best Interests
Whether you choose to undergo divorce mediation before or after filing for divorce, it’s always advisable to have a Haltom City mediation lawyer readily available to help oversee the process and offer sound guidance. They can assist in reviewing the proposed agreement to ensure it aligns with the best interests of all parties involved. Additionally, a mediation lawyer can defend you in case the agreement is signed under duress or fraud.
Davis and Associates, Attorneys at Law is committed to providing clients with the proper legal support and assistance as they undertake family legal proceedings, such as divorce mediation. Thanks to our experience, we can personalize our legal services to match what our clients need and provide the right advice so they can proceed with the negotiations with their best interest in mind. Since these proceedings will influence our client’s future, we will do our best to reduce any complications the mediation can bring to all parties and act accordingly if there are any issues.
Free Consultation Today
Every divorce case is different, so it is difficult to say if the proceedings will go as each party expects. Fortunately, they can take action in getting the discussions underway by taking part in divorce mediation.
Our Haltom City, TX family law firm and our divorce mediation lawyers are on hand to help you smooth out your divorce through mediation and finalize the agreement.
Call Davis and Associates, Attorneys at Law at (817) 631-8492 for your Free Consultation with a Haltom City Mediation lawyer!