Posted on August 31, 2022 in Divorce Mediation

One of the most common problems divorce attorneys and mediators see in their clients is a desire to fight over small things that do not make much of a difference in the long run. This is only natural; after many years of major disputes, spouses are frequently motivated to get control of the outcome of their divorce in any way they can. Unfortunately, while this instinct is understandable, it is also counterproductive when it comes to mediating a meaningful compromise on major issues involved in a divorce, such as child custody arrangements and property division. Here are eight things that divorce experts suggest you should not spend time fighting about during your divorce. 

Appliances

This category extends to tools and other equipment. While some tools and appliances can be valuable, they are rarely unique or have sentimental value. It is better to let these things go and let the spouse who prefers to have the tools have them. 

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 Posted on August 11, 2022 in Divorce

When a couple gets divorced in Texas, they must negotiate fairly weighty financial matters. In addition to dividing their marital property and debt, a couple must negotiate spousal maintenance (also known as alimony), and, if they have minor children, establish child support payments as well. This can involve a lot of fact-gathering and documentation as a couple seeks to assess their valuables, home, and more. 

Not all divorcees will qualify for spousal maintenance. In fact, Texas has strict guidelines for how a couple can determine whether spousal maintenance is appropriate in their case. Because Texas courts prefer couples to negotiate their divorce decrees outside of protracted, expensive courtroom litigation, couples often have a surprising amount of flexibility when it comes to designing a settlement that works for both parties. A skilled attorney-mediator can help spouses reach an agreement during mediation that feels fair while saving money and time on court fees and hearings. 

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 Posted on July 26, 2022 in Child Custody Mediation

Once your Texas divorce is over and you have adjusted to not being married to your former partner, you may still be surprised by how much you remain in contact with him or her if you still share minor children. This may be distressing for some parents and less so for others, but one thing that is for sure is that you are still required to follow the legally-enforceable parenting agreement contained in your divorce decree. 

However, circumstances can change greatly over the years, and you may find that your current custody order is no longer workable for any number of reasons. If you need to modify your custody order, you will need to file a Suit Affecting the Parent-Child Relationship, or SAPCR. Just like with your divorce, a mediator can help you overcome differences with your child’s other parent so you can create a custody agreement that benefits everyone. Here are three situations in which you may want the help of a mediator during your SAPCR. 

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 Posted on July 19, 2022 in Divorce Mediation

As you may realize, mediation can be an essential tool for resolving a wide variety of family law issues related to divorce and divorce order modification. While many couples know that they can hire a mediator to help them negotiate their divorce decree, fewer people realize that a mediator can also be very helpful when it comes time to modify a decree. 

Child support is just one area that may require modification several times over the years.  Understanding when it is possible to modify child support payments, and then having the help of an attorney as you negotiate an appropriate change in payment amounts, can be a great way to help ensure the success of your petition. 

Can I Change Our Child Support Order at Any Time? 

Because Texas courts recognize that stability is essential for a child’s well-being, and because courts also want to prevent parents from antagonizing each other with frivolous lawsuits, there are strict limitations on when child support orders may be modified. To change a child support order, one of three things must be true: 

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 Posted on June 27, 2022 in Divorce Mediation

Pets are part of the family. It is a saying we hear all the time and perhaps it never feels more true than during a Texas divorce, when a family is dividing and different people, pets, and belongings are going their separate ways. Questions about what will happen to pets in a divorce understandably cause most people to worry about the future of their relationship with their pet. 

Even though a pet may, in many ways, feel like a child to its owners, Texas law considers domestic animals to be in the same category as property like a home or a car. Although Texas requires all marital property to be divided in a divorce, do not despair just yet of losing your beloved dog or cat. Mediation may be able to help you seek better options.

Who Does the Pet Belong To? 

Marital property needs to be divided in a divorce, but personal property does not. Whether an animal is personal property or marital property depends on whether it was owned before the marriage by one spouse or brought into the family during the marriage. Property acquired during a marriage, even by one spouse, is considered marital property unless it is a gift or inheritance. This can make determining a pet’s status somewhat tricky. 

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 Posted on June 15, 2022 in Divorce Mediation

Individuals seeking a divorce in Texas are bound to run into conflict as they negotiate important issues like child support, property division, parenting agreements, and other myriad problems that must be solved before a divorce can be finalized. A few spouses are good at negotiating problems and can create a divorce agreement without any help. A few spouses cannot agree about anything and end up litigating their differences in a hostile court battle. 

Most spouses are somewhere in between, however; certain issues may be easy to resolve while others seem impenetrable, even after hours of unproductive conversations. If you are in this situation, relax and remember that even the most intractable divorces eventually come to an end. Then, read this post and consider meeting with a great Texas divorce mediation attorney. 

What Is the Role of Divorce Mediation? 

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 Posted on May 25, 2022 in Divorce Mediation

Divorce has traditionally meant expensive, drawn-out meetings in court with each spouse working their hardest to get the best deal at the expense of the other. Today, however, spouses seeking a Texas divorce have a better option: mediation. While mediation is a great resource for couples seeking to save money and minimize conflict in their divorce, it is not a magic bullet that will solve every problem without serious effort on the part of each spouse. If you are getting divorced and seeking mediation, here are three common mistakes to avoid. 

Having Unrealistic Expectations

Spouses often enter mediation with the idea that, because it is less hostile than traditional courtroom litigation, it will be possible to get everything they want. But while mediation is a dispute resolution process, it still involves compromise between two people who often have mutually exclusive goals. It is important not to allow yourself to be taken advantage of, but it is equally important to expect to be at least somewhat dissatisfied by the outcome. 

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 Posted on May 16, 2022 in Divorce Mediation

Parents who are getting divorced in Texas basically have two options when determining how to manage issues regarding their children: a peaceful independent divorce mediation process or an adversarial journey through the family court system. While mediation benefits divorcing parents by making the process more peaceful and saving the time and expense of hostile courtroom litigation, the primary beneficiaries of mediation are underage children. Children, who have little or no control over their parent’s divorce outcome, are often trapped unfairly between parents who are so intent on competing with each other that they neglect to put their children’s needs first. If you are getting divorced in Texas and have underage children, here are some ways mediation can benefit them. 

More Flexibility in Your Parenting Plan

When a judge is left to decide which parent gets custody, the final outcome is not likely to be to anyone’s satisfaction. Texas family court judges are committed to finding out what arrangement would be in the children’s best interests, but nobody knows children as well as their parents. 

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 Posted on April 26, 2022 in Property Division

Divorce can be tough on a family’s finances. Child support, spousal support, and asset division are all difficult to negotiate, but when a small family business is involved, spouses may become extremely protective about dividing their hard-earned success. Fortunately, divorce mediation can help spouses make all necessary financial decisions during divorce - even the most difficult ones, like what to do with a small business. Here are three common questions about handling a family business during divorce. 

Is a Business Community Property? 

If a business is not community property, it will not be divided in a divorce - hence, determining whether a business belongs exclusively to one spouse is the first step in managing a family business. Businesses that are protected by a prenuptial agreement will likely remain the separate property of one spouse, as will some of all or a business that was up and running before a spouse got married. While a mediator cannot make separate property become marital property and vice versa, he or she can help spouses agree about how much of a business is community property if the business was started prior to the marriage. 

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 Posted on April 15, 2022 in Divorce Mediation

Although the vast majority of those who use mediation eventually find a resolution to all the important issues in their Collin County divorces, not all mediation efforts are successful. A mediator may decide to delay or permanently terminate divorce mediation, and although it may be frustrating to hear this, it may ultimately be for the best. If you are anticipating a high-conflict divorce and are considering mediation, you may want to know the reasons that a mediator may pause or withdraw from a couple’s mediation efforts. 

When is Mediation Not the Best Choice for Your Family? 

Although extensive research and millions of successfully divorced couples illustrate that mediation is often the best option, the truth is that no solution to divorce works for everyone. Many couples save time, money, and emotional upheaval using mediation, but if the process is not effective for you, it does not matter how well it works for someone else. Mediation may fail for several reasons, including, but not limited to: 

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