3 Options for Divorce Without Going to Court

Many people who are getting divorced initially feel that they want their case to go to trial before a judge. You may have substantial evidence of your spouse’s wrongdoing you would like to expose. You may wish to keep your distance from your soon-to-be ex-spouse. However, it is important to know that contested divorce is not a speedy process. If your divorce goes to trial, it could take years to finalize depending on the complexity of your financial situation. 

There is a faster way to get divorced. More and more spouses are turning to alternative dispute resolution strategies in order to settle their divorces by agreement. If you and your spouse can reach an agreement about each issue in your divorce, you can generally get divorced very quickly. It is best to carefully consider whether mediation or attorney-facilitated negotiation could be beneficial in your situation. 

Alternative Dispute Resolution Options

There is more than one way to resolve your divorce outside of court. Your options for settling your divorce without going to court include:

• Traditional mediation - Spouses who are relatively amicable may choose traditional mediation, where both parties and their attorneys sit down together with a mediator. The mediator facilitates the discussion to help the parties come to a fair compromise on each issue. 

• Separated mediation - If you cannot be around your spouse, there is another mediation option. You and your attorney can sit in one room while your spouse and their attorney sit in a separate area. The mediator then moves back and forth. 

• Attorney-facilitated negotiation - If your spouse is being unreasonable or refuses to cooperate with mediation, attorney-facilitated negotiation may work for you. Your attorney will speak to your spouse’s attorney about possible settlement options, and all communication between the parties will go through the attorneys. Your lawyers will communicate potential settlement options with you until an agreement is reached. 

Note that alternative dispute resolution will not work for everyone. If your spouse behaves in an unreasonable manner and will not participate meaningfully, you may still need to go to court. Having an attorney who understands mediation and who is also willing to litigate your case if necessary will give you the best chance of success. 

Contact a Plano, TX Divorce Lawyer

The Law Office of Brian Bagley is committed to simplifying the divorce process for its clients. As a top Wylie, TX divorce lawyer, Attorney Bagley will strive to help you reach an out-of-court agreement wherever possible. Call us at 972-422-2424 for a complimentary consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.602