3 Ways to get Divorced Without Going to Family Court
Ending a marriage is a difficult process, more so if children are involved. It’s no surprise then why, for many divorcing spouses in Texas, the priority is to avoid Family Court at all costs to ensure that the children don’t have to be dragged through what could be a traumatic experience.
When your divorce goes to court, a judge will rule on issues such as child custody and visitation rights, child support, and alimony among others. Going to trial is usually a last resort as it can be a long legal battle that’s both expensive and emotionally draining. So, if you plan on getting divorced in the smoothest and fastest possible way without going to court, here are your options.1. Mediation
As its name suggests, mediation is a process of working out the terms of your divorce settlement with the help of a mediator—a neutral individual with no interest in the outcome of the divorce. Perhaps the biggest benefit of mediation is the ability to stay in control of your time and money compared to going to court.
It’s also important to note that any divorce that ends up in family court becomes public record. For many people, such as wealthy individuals and celebrities, this can be an automatic deal breaker. In contrast, settling out of court with the assistance of a mediator allows you to keep the entire divorce process contained and private.2. Collaborative Divorce
Collaborative divorce is a relatively new trend where both spouses make the conscious effort to work with their attorneys to arrive at a positive resolution that all parties can agree to. It’s perhaps the ‘gentlest’ way to end a marriage, ensuring that both spouses respectfully agree on all terms of the separation.
The upside, of course, is that the divorce doesn’t go to court. But while collaborative divorce appears to be a great thing on paper, the reality of what it demands from spouses may be too much for them. You’re going to have to learn to bite your tongue and set aside your anger, which is easier said than done in a separation that involves infidelity, abuse, or financial irresponsibility among other things.
So, if you’re considering a collaborative divorce, ask yourself if you and your ex can put aside your differences and collaborate with each other.3. Negotiate a Divorce Settlement
The traditional divorce settlement is still one of the most popular ways to end a marriage, but it only works if both spouses are willing to negotiate and compromise on some of their demands. Refusing to do so won’t just cause you tremendous stress, it will also lead to larger and larger legal bills, and of course, a trip to Family Court.
And besides, compromising tends to be the best solution for everyone. For example, if both spouses are adamant about getting sole custody of the children, they need to wake up and realize that if they can’t agree to settle, a court will likely order a joint custody arrangement anyway (absent issues such as abuse and drug use), as it will always rule based on what it considers is in the best interests of the children, that is, to have healthy relationships with both parents.
If you need a Texas Family Law attorney in pursuing a divorce settlement in Texas, contact the Lyttle Law Firm for a consultation today. Call us at 512.215.5225 to get started.