Mediation is a process through which spouses negotiate the terms of their divorce using a specially trained and impartial guide (or “mediator”) throughout the process. During mediation, spouses can come to an agreement on all divorce matters, including marital property division, child support, spousal support, child custody, and visitation. In fact, as long as both spouses are represented by attorneys and there are no allegations of abuse, Texas mandates that family law cases involving custody and visitation issues must go through mediation.

If you are considering divorce, you may wonder if mediation is right for you. In this article, we will look at five common questions about divorce mediation. Keep in mind that an experienced Texas divorce attorney is your best choice for legal divorce advice.

Is a Divorce Lawyer the Same Thing as a Mediator?

Although many mediators are family law attorneys, the role of a mediator is different from that of an attorney. While an attorney represents one side in a divorce case, a mediator is responsible for helping both sides. Spouses can each hire their own attorney, and then share the cost of the mediator.

Child custody is often one of the most complex elements of a divorce, and this is especially true for parents serving in the military. The prospect of being away from your child during deployment is difficult enough. Not knowing how deployment could affect your visitation rights is even more difficult.

Fortunately, Texas law contains provisions for deployed military parents that can help make their deployment’s effect on custody more straightforward, saving military members time and stress. As always, working with an experienced attorney is one of the best ways to ensure you have the time with your child to which you are entitled.

Who Does My Child Stay With When I am Deployed?

Texas law stipulates that a custodial parent who is deployed can ask the court to appoint another person as the child’s temporary custodial caregiver. The court will generally designate temporary custody to the noncustodial parent unless it is not in the child’s best interests.

The divorce process in Texas can be complicated and unpleasant. Between the paperwork, negotiation, stress, and expense, most people are glad when their divorce ends. Unfortunately, people often make mistakes that prolong their divorce, cost them more money, and make it more difficult to obtain a favorable outcome. Although the following list is not comprehensive, avoiding the following mistakes can help your divorce move faster and more smoothly, saving you time and money in the long run.

Failing to Comprehensively Understand Your Finances

In order to negotiate wisely and achieve a division of assets that works in both your short- and long-term favor, you need to understand your entire financial situation. This includes your assets, but also your monthly expenses and debt obligations. On top of this, you will need to estimate your and your family’s future expenses without the benefit of two incomes. Working with financial professionals like accountants and money managers can help with this process.

Fighting Over Unimportant Things

Nobody gets exactly what they want in a divorce. Couples often prolong the asset division and custody allocation process by haggling over things that appeal to pride more than to practicality. There is truth in the unfortunate stereotype that couples can litigate away all of their wealth, often ending up with much less than if they had managed to compromise. Carefully choose the things that are of crucial importance, and let the rest go.

Parents who are faced with the prospect of going to jail must stay up-to-date on their child support obligations and are likely to face significant challenges when trying to do so. Being in jail does not automatically release you from paying child support; the only way you can change the amount you pay is by filing a request for modification.

File For a Modification of Child Support Payments

In Texas, parents can request a modification of their child support order only if one of the following circumstances are met:

• The order was last modified or established at least three years ago.

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When most people think about divorce, they only consider the personal and emotional consequences of the split. While divorce can certainly be a heartbreaking experience, it can also have profound financial implications. If you are getting divorced in Texas, you may wonder if you are entitled to alimony or spousal support. Spousal support refers to financial assistance that one spouse pays the other after the marriage has ended. The laws regulating spousal support in Texas are complex and differ significantly from laws in other states. To learn more, contact an experienced Texas divorce lawyer qualified to handle spousal support concerns.

How to Get Spousal Support in Texas

There are three main ways that a divorcing spouse may receive spousal support. The first is through a valid marital agreement such as a prenuptial agreement or postnuptial agreement. The second way that you may receive spousal support is by negotiating a spousal support arrangement with your spouse. Only a small percentage of divorce and family law cases go to trial. More often, cases are resolved outside of the courtroom through settlement negotiations between the parties’ respective lawyers. Your lawyer may be able to help you and your spouse reach an agreement about the amount and duration of spousal support along with your agreements about property division, child custody, and other divorce concerns.  

Lastly, the court may award spousal support. However, Texas courts only award spousal support if certain criteria are met. In order to get spousal support, you will need to demonstrate that the divorce will place a significant financial burden on you and that you will not be able to pay your bills or meet other financial obligations without support. You will also need to show that at least one of the following are true: