Divorce is never easy, but it doesn’t have to be contentious. There are divorce alternatives for spouses that wish to avoid a divorce trial such as mediation and collaborative law. There’s even an uncontested divorce option for spouses that have already come to an agreement on all matters pertaining to the divorce settlement and only need a lawyer to help process the documents.
To understand all your divorce options, schedule a consultation with a divorce lawyer at Hendershot, Cannon, Martin & Hisey, P.C. Simply call (713) 909-7323 or contact us online.
How it Works: In a Collaborative Law divorce, spouses each hire a collaborative law attorney from different law firms. Each party in the Collaborative Law process signs an agreement which specifies no one may go to court and spouses will disclose and share in good faith all information pertaining to the divorce including property, assets and children.
Benefits to the Collaborative Law Process Include:
What happens if spouses can’t settle all matters after-all using the Collaborative law approach? If spouses later decide they can’t resolve all matters of their divorce after starting the collaborative process, then both attorneys must withdraw and cannot represent the spouses any further. Each spouse will need to retain a new lawyer for their now contested divorce.
Mediation is confidential and works by allowing both parties (you and your spouse) to sit with your attorneys and a professional, neutral third-party, known as the “mediator”. After hearing your wishes and your spouse’s wishes, the mediator will go back and forth between both parties to negotiate a final settlement.
To successfully prepare for your divorce mediation – check out our family law blog for tips and recommendations. The more prepared you are, the more productive your mediation will be.
Another option for couples wanting to avoid a trial is an uncontested divorce. An uncontested divorce is a divorce in which spouses have come to an agreement on all matters pertaining to their divorce settlement – leaving no issues left to contest. A lawyer’s role in this process may include drafting and filing the divorce petition and any waivers, drafting and filing qualified domestic relations orders (QDROs), (as needed), and representing you at your uncontested divorce hearing.
An uncontested divorce is typically a quicker, less expensive option than most alternatives to dissolve a marriage. That is, of course, if both spouses have complete information about marital assets and debts and the details of the assets/debts are fairly simple and not complex. For an uncontested divorce to be successful, both parties (you and your spouse) will need to come to an agreement that you both believe to be “just and right” on the split of property division, custody, parenting time and support. Spouses will need to understand what they are signing and will voluntarily sign all papers.
For more than two and half decades, our law firm has served families throughout Texas and the greater Houston area, providing skilled and effective legal guidance in complex family and divorce-related cases. To see how our firm can help you, call us at (713) 909-7323.