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Avoiding litigation when divorcing

When ending a marriage in Texas, one might not be aware of all the available options. While couples finalize a divorce by receiving court approval, not all divorces are tried in court. Other potential solutions exist when a couple wants to form an agreement on their own without litigation.

If estranged spouses can reach a settlement agreement without court intervention, this is an uncontested divorce. This typically allows a couple to dissolve a marriage faster and with less expense. A couple must be able to form a plan for alimony, dividing assets and child custody and support if necessary. Both parties need a clear understanding of joint finances to fairly split assets.

In many cases, people might not automatically agree on certain matters. Mediation is an option when a couple wants to avoid litigation but is stuck on some issues. A mediator is a neutral party who listens to both sides in order to facilitate communication and compromise. A couple can work with a mediator together, but each person could also hire an attorney while working with a mediator. While this involves paying more people, mediation could resolve conflict in days or weeks whereas contentious divorces may take months or even years.

The collaborative divorce approach involves using a team to make the divorce process smoother for parents and children. An attorney for each party could be needed along with one financial advisor and mental health professional. This option is liked because it prepares everyone for life after divorce.

Settling a divorce in court is necessary when partners cannot agree, but one may want to avoid litigation if possible as both parties have less freedom when a judge makes determinations. A couple might start the court process but find that they can end up negotiating a settlement agreement with the assistance of their respective attorneys.

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