Ask a Divorce Lawyer: Can You Get Divorced Without Going to Court?
If you want to file for divorce, one of the first things you should do is discuss your legal options with a divorce lawyer in Houston, TX. A divorce attorney will be able to assess the circumstances of your divorce case to recommend the best strategy that will allow you to dissolve your marriage quickly.
Ask a Divorce Lawyer: Can You Get Divorced Without Going to Court?
Most states allow people to file divorce paperwork without going to court. Settling your divorce without a lengthy court trial is the easiest and least stressful way to end your marriage legally. Visit this page to learn more about your options to file for divorce without going to a family court.
Is Mediation an Option for Divorce in Houston, TX?
Getting divorced without going to court can be done through mediation. Mediation will be overseen by an impartial advocate who will encourage you and your spouse to come to mutual agreements about the division of property, debt, assets, and child custody. During mediation, the neutral third-party mediator will help each side explore creative solutions so that each spouse can reach divorce goals.
Much of the time, divorcing through mediation means you and your ex will need to compromise on things you each want. For example, if you want to keep the marital home, you may need to agree to let your spouse have a more significant percentage of other shared assets. Mediation is ultimately a cheaper, faster, and more peaceful solution for your divorce.
Do You Need a Lawyer for Mediation?
When you use mediation to settle your divorce, having a lawyer can help you answer certain questions or guide you through the process so you can achieve your divorce goals. Having legal advice on hand from your divorce attorney is a good way to navigate some of the more complex negotiations that may be involved in your divorce mediation.
However, a lawyer will not be able to represent you during mediation. This means that you have to speak for yourself during mediation meetings, even if your lawyer is in the room with you. Ultimately, a lawyer can only advise you on how to negotiate but cannot negotiate for you.
Are There Times When Mediation Doesn’t Work?
There may be times when getting a divorce through mediation doesn’t work. For example, if you and your spouse truly can’t come to a compromise about certain issues, mediation will fail, and you will have to file for divorce through the family court process. When mediation fails, this means that a judge will make decisions about the equitable division of community property, child custody arrangements, and even spousal support.
What Else Do You Need to Know About Filing for Divorce?
Whether or not you file for divorce through mediation, there are still several things you will need to do before you can file divorce paperwork. From hiring a good legal representative to help you through this complicated process to taking steps to prepare for life after divorce, some things you will want to do include:
Find a Good Lawyer
The first thing you want to do before filing for divorce is find a good divorce lawyer in Houston, TX. A good lawyer is essential since you must have legal advice throughout your divorce process, even if you file for divorce through mediation.
Gather Financial Information
The next step is gathering financial information. The biggest hurdle to overcome in a divorce is often the division of property, debts, and assets. Not only do you need information about your income and any personal lines of credit you have, but you will also need to gather information about your spouse’s income and debt as well.
After you gather relevant financial information about you and your spouse, you will need to evaluate any joint financial accounts or assets you may have. Since your divorce will seek to divide community property equitably, the state of your joint financial accounts is very important. You can think about locking joint accounts to keep money safe or opening a new account for yourself and moving half of the money there to keep it safe during divorce negotiations.
Evaluate Any Existing Marriage Agreements
Finally, your marriage may have legal contracts that will influence how your divorce is settled. It’s often easier to settle a divorce outside of court if you have an existing pre-nuptial agreement that outlines what you are entitled to if the marriage ends. Evaluating any existing marriage agreements with your legal team can help you settle your divorce much more quickly.
Filing for divorce can be a stressful time in your life. Often, going to court to settle your divorce can be even more emotionally taxing, which is why many seek alternative resolutions to finalize a divorce. For some, mediation is a good option since it allows you and your spouse to settle a divorce agreement with mutual decision-making.
Thank you,
Glenda, Charlie and David Cates
