BOTH PARTIES CAN AGREE TO A MEDIATION IN A TEXAS DIVORCE

In most cases, divorce mediation can work, but both partners must be on the same page to some degree.

If most or all of the following are true for you, mediation might be right for you:

  • You both agree that a divorce is best: Just because you want a divorce, does not mean your spouse does. Of course, nothing can stop you from obtaining a divorce, even if your spouse disagrees. However, this does mean that mediation will not work for you. If you both agree that a divorce is the right choice, on the other hand, you might be able to work together on achieving a resolution.
  • There is no history of domestic violence or abuse: Typically, most mediators will not take a case that involves domestic violence because it is too difficult to determine if the victim is agreeing to settle out of fear or intimidation. Although Texas law does not require mediation, a judge can order it. If you can prove a history of domestic violence, however, you will be excused from attending these sessions.
  • You and your spouse are open and honest about your finances: When a divorce involves hidden or wastefully dissipated assets, it complicates matters and requires the assistance of a forensic accountant. Mediation only works when both spouses willingly provide all pertinent financial information, including documents related to retirement assets, stocks, bank accounts, and other assets and debts.
  • You agree on custody and visitation: Child custody is another frequently contested aspect of divorce. If you and your spouse are willing to compromise and work together on a custody arrangement or if you are already in agreement regarding what is best, mediation may be right for you.
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