Sometimes life can take an unexpected turn and divorce may become inevitable. However, discord and personal agony do not necessarily have to be a part of your divorce process.
If you and your spouse are able to maintain reasonableness and open communication with each other, your Austin divorce attorney may recommend the path of divorce mediation as against divorce litigation. Which of the two options is better for you will depend on the facts and circumstances of your case.
When is Mediation the Best Choice?
Where the divorce involves sensitive issues such as child custody, child support, alimony, and property division, mediation will put you and the other party in more control of the situation. Instead of leaving these critical decisions to the judgment of the family court, you and your former spouse can make these choices yourself because ultimately only you both would know what works best for you.
With support and guidance from a knowledgeable Austin divorce lawyer, you can explore the possibility of mediation for a fair resolution to all the issues pertaining to your divorce. But if you during mediation you realize that you and the other party are able to agree on most, but not all issues, your case will probably still end up in court where the remaining issues will be decided by a judge.
When is Litigation the Best Choice?
Although on the face of it, mediation seems like an ideal way to resolve your divorce issues, it may not work out in many cases. When emotions are running extremely high, or when the other party is unwilling to be cooperative and arrive at a compromise on all difficult issues, you will be left with no other option but to pursue litigation.
To be successful in mediation, you have to be willing to consider the other side’s viewpoint and have empathy for their needs. This can often be easier said than done when going through a heartbreaking divorce. Another challenge when you have high stakes involved in terms of complex and large marital assets and debts, business division, or delicate issues related to child custody and visitation.
In these situations, your Texas divorce can help you evaluate whether litigation is the best way to fully protect your interests.
When is Litigation the Only Option?
If your relationship involves a history of substance abuse or domestic violence, divorce mediation may not really be an option for you. For instance, if you suffered domestic abuse during marriage, your former spouse is likely to exhibit domination even during mediation, and might even try intimidation tactics to trap you into accepting an unfair agreement.
In divorce mediation, all agreements are voluntary. If the other party is in a position to compel you to accept unreasonable terms, or if you are simply afraid of your spouse, chances are that you could walk away with an unfair agreement. You will be in a strong position when you have a seasoned Austin divorce attorney by your side to protect your rights and give you the best advice about whether to pursue mediation or litigation.
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