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Recent Blog Posts

Do I have to go to court for my divorce?

 Posted on March 07, 2018 in Divorce

When you are facing a divorce, it may be the first time you have ever had to deal with a legal issue that has to go through the court system. As such, you may be wondering what the requirements are and if you have to go before a judge.

Not all divorces end up in the court. While you will need to have your divorce registered through the court system, mediation is one alternative to going to court for your divorce. Read on to find out if your situation may qualify for mediation instead of a court-litigated divorce.

Which couples are good candidates for mediation?

The mediation process is not always suitable for every couple. Although mediation can help many couples avoid long and costly court battles, sometimes mediation is not the appropriate solution. For example, in a situation in which one spouse is not being honest and trying to actively get an advantage over the other spouse, such as by hiding financial assets in order to not have to declare them as part of the divorce settlement, the case may inevitably have to go to court. Mediation is a good option for couples who have a willingness to work out their differences for the best of both parties with a spirit of honesty and compromise. Given that divorce can be, by its very nature, conflictual, mediation may not be for everyone.

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How do I prepare for mediation?

 Posted on February 19, 2018 in Divorce Mediation

You are among the many divorcing couples in Texas who have chosen a mediated divorce over traditional litigation. This can be a wise choice, as you know. Mediation offers numerous benefits over litigation, including costing less, saving time and being less stressful on everyone involved. You can also learn negotiation and communication techniques that may continue to serve you not only in your daily life, but while you co-parent with your ex.

However, as you also know, no divorce is entirely stress-free, even an uncontested one. You might have feelings of anxiety and stress as your initial mediation date approaches, and this is completely normal. It may help to prepare yourself mentally and physically. Some ways to achieve this can include the following:

  • Consider what is best for everyone. Be open to possible outcomes that can benefit your children, yourself and even your soon-to-be-ex in the long run.

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Can a mediator help me modify my divorce agreement?

 Posted on February 02, 2018 in Divorce Mediation

Divorce is, by all accounts, an emotionally challenging and fraught time. Because many couples going through divorce are under exceptional stress, especially on an emotional level, it can often happen that decisions made in the heat of the divorce are later viewed as unsatisfactory.

If you have a divorce agreement that no longer suits your current needs or your current situation, you may be looking at how you can modify that agreement. In certain cases, you may be able to get help from a mediator in order to accomplish this. Here is some more information that can help you better understand your options.

The benefits of a mediator

People typically seek the assistance of a divorce mediator at the time they are actually going through their separation and divorce. Mediators can help couples avoid long and costly court battles, while also helping them to maintain control over the decision-making process rather than delegating that to a judge. Mediation can also have a positive effect on children, as it lowers the conflict level and allows couples to seek shared solutions to parenting concerns.

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How to avoid a court battle in your divorce

 Posted on January 19, 2018 in Divorce

Many people think that going through a divorce means they have to face a long and drawn-out court battle. The truth, however, is that there are many excellent alternatives to a contested divorce that goes through the court system.

If you are facing a divorce and want to avoid having a judge make decisions about your future, here are some options you can consider. In many cases, these alternatives provide a more cost-effective and harmonious divorce process.

Benefits of mediation

Mediation has become an increasingly common option for many couples who decide to divorce. Especially if you have already been through a divorce and do not want the process this second time around to degenerate into a bitter fight, mediation can be a viable option. Mediation helps you and your ex-spouse keep control over the decision-making as you move forward rather than handing it over to a judge because, in mediation, you work to find common ground and come to a shared agreement. Mediation can also be easier on children as well as save on costs and speed up the time it takes to move through the process. With these and several other benefits of mediation, it can be a positive way to get through a difficult situation.

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Yes, you can divorce without a legal battle

 Posted on January 02, 2018 in Divorce Mediation

Going through a divorce is a traumatic experience. It can be even more difficult when the two spouses are unable to come to an agreement and the conflict drags into a long court battle that is costly and stressful.

The good news is that not all divorces have to be this way. Mediation is a viable option for many couples facing divorce.

The costs of a litigated divorce

For many couples who are unable to come to any sort of compromise or agreement about their post-divorce futures, long legal battles are financially devastating. The costs of a litigious divorce pile up unbelievably quickly, and the desire to win at all costs can drive some spouses to spend far beyond their means to continue a protracted conflict in the courts.

Every divorce is individual, and it is impossible to pinpoint the exact cost of a divorce in general. However, one average estimates the cost of a divorce that goes to trial as ranging from $78,000 to $200,000 per couple. Clearly, this is an exorbitant amount for many families and the cost could easily jeopardize the financial future of one or both partners, not to mention the financial impact on children.

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Using mediation to determine pet custody

 Posted on December 13, 2017 in Divorce Mediation

There are numerous items divorcing couples need to figure out how to divide for a divorce. One common point of contention comes down to determining who gets custody of the dog, cat, rabbit or any other pet the couple shared.

Mediation is a peaceful, affordable way for a couple to figure out who gets what in a divorce. When a couple adopted a dog or cat together, both people will probably want to keep the animal. As with anything during mediation, it is critical for both sides to remain open to compromise. There are various things the couple and mediator can discuss to come up with the best pet custody agreement possible.

Both spouses need to ask themselves some tough questions

While both spouses will probably want to have a furry friend around their new house, it is vital to do whatever is best for the pet. Some questions that might come up during the mediation session include:

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Benefits of mediation after divorce

 Posted on December 12, 2017 in Divorce Mediation

If couples are engaging in an amicable divorce, the use of mediation is quite common. Many parties find the mediation option to be very beneficial.

As life goes on, individuals may find it necessary to modify their divorce settlements. In such cases, there are a few benefits of utilizing mediation rather than a divorce attorney.

Privacy

Most times when couples handle matters through the court, the details of the case become public record. For this reason, those who seek privacy should consider mediation. The process is "closed-door," so the details of the mediation are not added to the record. This can be especially attractive to those with a high level of assets.

Cost

Similar to mediation during divorce, mediation after divorce can be substantially cheaper than using an attorney. Instead of having to pay for two separate attorneys and court fees, former spouses may split the cost of mediation. Even if the mediation takes a few sessions, it still turns out to be quite cheaper in most instances.

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Reducing stress during divorce

 Posted on November 28, 2017 in Divorce

Divorce can be stressful and difficult. The emotions you deal with when ending your marriage can be overwhelming. From coping with the end of your relationship to the difficulties of resolving details to reach a settlement, you may feel like there is no way to alleviate the whirlwind of stress.

Getting a divorce may be the most painful and stressful thing you ever experience. However, there are several things you can do to lessen the emotional impact. Here are some steps you can take to have a more peaceful divorce.

1. Surround yourself with people

You may feel the temptation to withdraw yourself from social activities while you cope with a divorce. However, this can do a lot of damage to your emotional state and make things even worse. According to PsychCentral, you should reach out to friends or join a support group to reduce stress during your divorce.

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How to compromise during divorce mediation

 Posted on November 01, 2017 in Divorce Mediation

Many marriages unfortunately end in divorce. In Texas in 2013, over 76,000 divorces took place, which was actually lower than the previous year that saw over 80,000 divorces in the state.

To save money and preserve emotions during a divorce, many couples opt for mediation. This is an excellent step to take. However, it is going to end up fruitless if the two spouses cannot compromise. For anyone concerned about doing this, here are some tips for becoming a better compromiser.

Differentiate between needs and wants

Before going into a mediation session, people ought to figure out what they truly need rather than what they merely want. A person may want the fancy Ferrari, but it is not a necessity if there is another car in the picture. When people decide what they really need, they know what they can part with during the equitable division of assets.

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Can mediation lessen the impact of your divorce on the kids?

 Posted on October 18, 2017 in Divorce Mediation

A family breakup can be devastating for children. A contentious litigation process will only make it more difficult for them to accept your divorce and move on with their lives.

Mediation is an option in which the participants have much better control over the outcome. Studies find that this approach has a high satisfaction rate and has less of an adverse impact on children.

Trying to cope

When you tell the children you are divorcing, reactions will vary from disbelief to anger. Younger children might be afraid that you will leave them or that you do not love them anymore. Older children may feel deep resentment; they may either lash out at you in anger or become sullen and withdraw from the family. Your priority must always be the welfare of your children, and this more than anything might steer you toward the most sensible framework for achieving your divorce.

The mediation difference

Studies show that when parents engage in high conflict, their children are more prone to suffer anxiety and depression. Their schoolwork may deteriorate as they try to handle a major disruption in their lives caused by your divorce. Mediation is not only a much faster process than a traditional divorce proceeding in court, but it is also a process in which a neutral mediator helps couples understand the options available to them in sorting out their differences in a reasonable, peaceful manner. When this sort of approach extends to the relationship Mom and Dad have with their kids, everybody wins. Minimal parental conflict seems to result in fewer adjustment issues for children.

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