Divorce Attorney Lindsey J. Wilson
What you should know when filing for divorce
While divorce signals the end of a relationship, it is also the beginning of a tedious legal process. Divorcing couples are often fraught with uncertainty, emotional distress, and financial worries, which can make the process difficult. It also can make it confusing.
Life doesn’t come with a roadmap, and sometimes you find yourself headed in an unexpected direction. Divorce can be like that. Certainly no one marries with the idea that divorce is imminent.
When you file for divorce, you enter a legal system full of terminology and procedures that are foreign to most people. For example, you may not know that certain counties in Texas require mediation before taking a divorce case to trial. Denton, Dallas and Collin are three local counties that require mediation prior to a final trial. Mediation doesn’t have to be court ordered for the parties to participate in an effort to resolve the case without the need for final trial.
What is Mediation?
Mediation is a way to resolve conflicts by using a neutral third party, called a mediator. A mediator assists you and your spouse, working to come up with solutions and help you reach agreements. Settling divorce through mediation can be to your advantage. For one thing, it’s less expensive than going to court. In addition, it takes less time. Not only that, resolutions reached through mediation are generally more amicable.
During mediation, it is important to have a lawyer to advise and help you make important decisions. In mediation, parties can be creative and reach solutions that are tailored to their needs. By comparison, when you litigate, your fate lies in the hands of the judge. The decisions a judge makes may not be the ones you and your spouse would make together.
Contested and Uncontested Divorce
A divorce is considered contested when one or more terms of the divorce is not agreed upon by both parties.
When a spouse files for divorce, it is common to have contested issues. However, when couples can reach agreements among themselves or through the help of their attorneys, they can negotiate a settlement, which will be a written final order signed by the parties and the judge.
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No-Fault and Fault-Based
In Texas, you can file for divorce on fault-based grounds or no-fault grounds. No-fault grounds are the most common grounds used in divorce. At this point, all U.S. states offer a no-fault divorce option.
In a no-fault divorce, neither spouse blames the other for the end of the marriage. You can file for divorce based on the ground of “insupportability”, which is commonly known as a “no-fault” divorce. In other words, due to arguments or personality conflicts, saving the marriage is unlikely.
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