Some Texans consider mediation, collaborative divorce options

Divorce is on the rise for individuals over 50 years of age, and particularly in that age bracket, individuals have started to consider divorce options that emphasize speed and minimize costs. Even when parties are amicable and feelings are mutual, divorce is never an easy thing; however, there are ways for parties to avoid courtroom drama and maximize control over the situation. Those include mediation and collaborative divorce options.

In Texas, both mediation and the collaborative divorce process can result in a divorce being finalized a bit quicker than the traditional route, and that can mean lower costs for both parties. However, in order for mediation or a collaborative divorce to work, both parties have to be open to taking a cooperative approach and to having open and honest discussions about difficult subjects.

The benefits of collaborative divorce

Some people might not know what a collaborative divorce is. This type of divorce generally involves the parties taking a problem-solving approach to resolving the legal issues involved in a divorce. This is a different process than having a court settle a couple's disputes, but the key to a collaborative divorce is that there must be collaboration between the parties. Any negotiation would likely be pointless if one person is not interested and would prefer to litigate any disagreements.

There are definite advantages to the collaborative divorce process in those scenarios where it is appropriate. For instance, a collaborative divorce can:

  • Shield children from a potentially nasty court battle
  • Help the parties regulate their own divorce and its outcome
  • Save time and money in the long run

Collaborative divorces are generally conducted in an informal setting in which both parties can work to negotiate the terms that might work best for them.

Mediation

A mediated divorce is one that involves a neutral third party who acts as the mediator and works to assist in the creation of a divorce agreement. Mediation can be quite beneficial to those involved in that it can prevent drawn-out court battles and simplify the entire process considerably. Despite the fact that divorces still require the filing of a lawsuit, that lawsuit does not have to end in litigation, and more and more individuals are choosing mediation to end their marital ties.

Texas law recognizes collaborative divorce and mediation as alternates to typical courtroom litigation. Anyone who is interested in possibly pursuing one of these alternatives should seek counsel from a skilled attorney who can advise them about which option might work best under the circumstances.