Is mediation an alternative to divorce? While mediation is a voluntary settlement process used by couples who want to divorce, it is NOT an alternative to divorce.
You still need to file for divorce then afterwards, you can go to mediation and have your case finalized without having to go to trial.
The attorneys at Turner-Monahan have helped thousands of clients through their divorce process and know how to create and fight for a plan that works for you.
Learn today from Tyler Monahan why mediation does not work as an alternative to divorce.
There’s no specific alternative to a divorce outside of court. In the state of Texas, they do not recognize any separation agreements.
You can’t go to mediation and have that as your divorce decree. You still file for divorce, which you retain an attorney, file a petition for divorce, serve the other party, and then you’re able to do other things or collaborative remedies that you can use.
One of them that’s used a lot as a mediation, wherein you don’t end up going to court, you don’t have a temporary hearing, you go straight to mediation, and you try to finalize your case.
The only caveat is that, regardless of when you go to mediation, whether it’s 30 days after your petition is filed, or two days after your petition is filed, you can’t finalize the divorce until 60 days have elapsed from the date that you actually filed for divorce.
In many instances right now, we’re going to mediations and trying to get things done through mediation.
But in a lot more cases you still need temporary hearing to try to get some temporary relief. And then you’re still able to go to mediation afterwards and get your case finalized without having to actually go to trial.
Most cases, I would say don’t go to trial. I think you’re better off not going to trial just because an agreement that you’re able to reach with your soon-to-be former spouse, or with the other parent of your child or, anything that you can do to reach an agreement on your terms is better than a judge dictating on how your life and your child’s life is going to be dictated over the next 8, 10, 15 years of everybody’s lives.
