Posted on August 09, 2018 in Divorce Mediation

Couples stay unhappily married for many reasons, including the cost of a divorce. With divorce costs potentially running into the tens of thousands, many people are afraid that their divorce will lead to a bankruptcy. Considering that divorce is one of the top reasons why people file for bankruptcy, this is a healthy fear.

The lower cost of a mediation is a key reason why many people choose it as an alternative to divorce. While you may have heard that mediation is cheaper, you may be wondering exactly how it can save you money. Here are three common reasons why mediation is often the cheaper option compared to divorce.

How mediation can help your wallet

Mediation offers many benefits compared to a divorce, including:

1. No courtroom battle: One of the key benefits of mediation is that both parties can avoid the investment of a courtroom dispute. This means that both parties can avoid paying attorneys' fees and other incidental costs related to divorce litigation.

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 Posted on July 16, 2018 in Divorce

Divorce is a painful process that typically takes an emotional toll on all parties involved. Even if you mutually agree that it is the best option, you can likely expect a certain level of contention to follow. This is especially true if you choose to go through the traditional divorce process and duke it out in court. While this is the method of the majority, it is not necessarily the most productive path.

Many people are unaware that there is an alternative, though. Mediation offers another way to negotiate the details of a divorce without going through the process of court. There are a number of reasons why it is becoming increasingly popular. You might see why when you consider the following downsides of a litigated divorce.

1. It takes more time

According to the Huffington Post, a litigated divorce typically takes longer than a mediated divorce. This means that all of the emotional stress and tension you are feeling will be even more drawn out if you choose to go to court with your divorce. Court generally is not known for the efficiency of its process, so it is important to know that you must likely endure the whole process longer through litigation.

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 Posted on June 30, 2018 in Child Custody Mediation

The divorce process is notorious for fostering contention. Feelings of anger, pain and revenge can cause spouses to choose not to act cooperatively to hurt each other. Even without those emotions, disagreements over the division of property and time with children are inevitable.

Fighting over everything in a divorce draws it out, leading to higher legal bills, more stress and a greater negative impact on children. However, being passive and unconcerned for your own welfare can also result in an undesirable outcome. How much arguing is appropriate, and about what?

Assets

Most petty contention happens during the distribution of assets. This is where you need to decide what is most important to you and what you are willing to compromise on. Texas is a community property state, which means each spouse receives half of all marital assets. This does not mean you literally share half of every item, but half the total.

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 Posted on June 13, 2018 in Divorce Mediation

Mediation is great for couples who still get along reasonably well and want a less stressful separation process. However, those with disputes and conflicts may still find this a viable solution. It may also be possible for individuals in abusive relationships to benefit from mediation because it can help provide strength to the person who suffered abuse.

There is a lot to discuss during mediation sessions. One item some spouses may not think to ask about is who gets the family pet. Whether a couple shared a dog, cat or bird, it is not likely spouses will be able to reach a custody agreement where they trade off. In the eyes of the court, an animal is property, so they may be better off figuring out who gets the pet during these sessions.

Questions to help reach a conclusion

The point of mediation sessions is to view things from the other spouse's perspective, so it is vital to remain open and honest about what each of them can provide the pet. One question couples need to ask is who will stay at the house. It can be traumatic for an animal to completely change its surroundings, so if one spouse will retain the house, then the pet should probably stay there.

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 Posted on May 30, 2018 in Divorce Mediation

Nowadays, mediation has become a popular way to move through the divorce process. However, many people still are not exactly clear on the specific differences between a mediator and a family law or divorce attorney.

It is important to distinguish between what a mediator does and the services he or she can provide in helping you handle your divorce, as opposed to what a lawyer can do. The two professionals are not the same, and the benefits of each are different. Here are some basic considerations to help you understand how mediators and divorce attorneys differ.

Mediators are not necessarily attorneys

While a mediator may also be an attorney, it is not a requirement. Mediators are often the preferred choice for couples who wish to move through their divorce in a low-conflict and cost-effective way. That being said, a mediator cannot take a divorce to trial. In the end, this factor can actually turn out to be valuable, because aggressiveness in divorce court is not necessarily an asset for your case.

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 Posted on May 15, 2018 in Divorce Mediation

When it comes to divorce, one perspective is that there are three types: a simple divorce, a somewhat simple divorce and a complicated-as-heck divorce. A simple divorce would be one in which the parties have few joint assets to divide and no children. A somewhat simple one might be a divorce in which they agree on most issues but have a child or piece of property to talk about. A complicated-as-heck divorce could be one in which many joint assets are involved as well as children and businesses. Even if the couple agrees on most or all the issues in a complicated divorce, there is just so much involved that the divorce has to be complicated as well.

It does not, though. It really does not, even if the couple disagrees on some issues.

Mediation and the keys to staying out of court

A do-it-yourself divorce has many benefits, including minimal court appearances and no lawyer fees for overall time, stress and financial savings. Because of mediation, ANYONE can have a simple, do-it-yourself divorce no matter their circumstances and disagreements as long as these important keys are present.

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 Posted on May 04, 2018 in Child Custody Mediation

Your divorce is likely to be heartbreaking for your children. As you may suspect, it can take a long time for kids to move on after their parents' divorce. Fortunately, when you and other Texas parents understand how divorce affects children, you may help them adjust to this difficult period.

As HelpGuide explains, children react to their parents' divorce in different ways. It is how you approach the topic with them and work with your ex-spouse that can have a positive or negative impact.

What to avoid during a divorce

It can be tempting to let negative emotions get the better of you when dealing with your ex. Do not give in to the urge to talk badly about your ex to your children or use them to mine for information. Your children need to know that it is OK to love both parents. It can be emotionally damaging to make them feel like they must take sides. Do not ignore signs of depression or anxiety in your children. Some kids adjust rather quickly to a divorce, but it can take significantly longer for others to recover.

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 Posted on April 16, 2018 in Divorce Mediation

Perhaps you and your spouse are facing divorce and have agreed that mediation is a much better solution than going through a traditional court proceeding.

You have already reached agreement on your own about the division of certain assets. However, you have issues over what happens to the family business. Can mediation help?

The largest asset

For most divorcing couples, the marital home is the largest asset. In your case, the family business probably holds that honor. Both you and your spouse may be invested in the business financially, but you may also be emotionally attached to it. An experienced mediator will help you review the options. For example, one of you might buy out the other. You might also consider continuing on as co-owners, but that would require being able to maintain open communication. Could you do that?

Common fears

Small businesses usually do not employ Generally Accepted Accounting Principles in keeping their books. If your spouse is in charge of bookkeeping matters, you may be concerned about what kind of surprises an examination would turn up. However, the amount you receive for child support-and indeed, your own financial future-will depend on the findings when an independent accounting professional opens the books in connection with your divorce.

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 Posted on April 01, 2018 in Divorce Mediation

In the state of Texas, mediation is frequently ordered by the courts in a divorce matter. It is a way to end a marriage that many couples agree upon anyway because of its benefits.

Mediation is a more peaceful alternative to litigation, which can be a costly, adversarial proceeding. It is also a faster process that is composed of three basic steps.

Step 1: the introduction

A neutral third party who is skilled in problem-solving, a mediator is trained in communication to help parties reach agreement by understanding the available options. The mediator will explain how the process works, answer questions and establish some general rules so that the participants know what to expect.

Step 2: problem-solving

Each party might be reluctant to consider issues from the other party's perspective and hesitant to share information. Mediation is assisted negotiation using an approach centered on problem-solving. The mediator will ensure that the participants do not overlook important points. The goal is not to advise but to help parties see the big picture, so they are better able to make good decisions.

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 Posted on March 19, 2018 in Divorce Mediation

Divorce by its very nature is an emotionally fraught time, possibly being full of conflict and decisions to make under high-stress circumstances. This being the case, it can be important to find ways to cushion the emotional impact of divorce to preserve your stability during this trying time.

Not all divorces are high-conflict and traumatic. There are some strategies that could help you minimize conflict and stress and work through your divorce in a more balanced way. Here are three suggestions that may help you in finding ways to approach your divorce in a way that helps you preserve a sense of emotional stability:

1. Help children avoid negative effects of divorce

Children often become the innocent emotional victims of their parents' divorce. You can minimize the negative impact of the divorce on your children by taking steps to make their emotional well-being a priority. Research has shown that effective parenting through divorce is a protective factor for children. Effective parenting includes reassuring children during the difficult time of divorce and ensuring children feel secure in their parents' love for them.

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