Alternatives to Divorce in Texas

When it comes to divorce, the process is not a one-stop shop, and couples who want to end their marriage shouldn't feel trapped into litigation. Contested divorce isn't for everyone, and in fact, a traditional courtroom trial is probably the least optimal way to achieve a (relatively) happy ending. Luckily, couples who want to avoid litigation have a myriad of different divorce options.

Legal Separation

In a legal separation, couples live apart but are still technically married. Couples who are legally separated must comply with many of the same edicts as a divorced couple, such as custody arrangements and child support payments. However, unlike a divorced couple, separated partners are still legally married—they can't marry anyone else until a divorce is finalized, and until they do, the line of inheritance remains unbroken. At this time, Texas does not recognize legal separation, but that doesn't mean you can't live apart from your spouse for a cooling-off period.

Uncontested Divorce

The easiest way for couples to dodge the courtroom is to file an uncontested divorce. A divorce is uncontested if the couple agrees on all the terms, and there is no need to belabor the process with further negotiations. These divorces can be drafted, filed, and finalized with ease. As a general rule, it's really not a good idea to forgo legal representation altogether. However, if you and your partner agree about the terms of your split and there are no other complications, having an attorney simply review your documents before filing could be a sufficient way to save money and avoid court.

Mediation

A true uncontested divorce is relatively unusual. Still, even if you and your spouse don't see eye to eye on the terms of your divorce, that doesn't necessarily mean you're headed to litigation. In mediation, a licensed, third-party individual (called a "mediator") facilitates a series of negotiations between you and your spouse in an attempt to reach an agreement outside a court setting. Everything in mediation is confidential and can't be used against you in court. Mediation can be conducted with or without an attorney present, though we're always inclined to recommend the former.

Collaborative Divorce

Collaborative divorce is like mediation's more glamorous, sophisticated big sister. Here, negotiations are held in much the same way as mediation, but instead of just one mediator, the couple works with a team of professionals, including an attorney for each side, a mental health professional, and a financial specialist. These professionals work not for the benefit of one party over the other, but in the interest of overall resolution. Having an attorney is not optional in a collaborative divorce, however, for couples who work diligently and make the most of their time, this can still be a time and cost-saving divorce option.

Alternative Divorce Attorneys in Texas

Whether you're pursuing traditional litigation or considering alternative methods, having an attorney you can trust is essential to any level of the divorce process. If you or a loved one has questions about the divorce options in Texas, our team at North Texas Family Lawyers has the skill set to help and over a century's worth of combined experience to back it up. To find out more, call us today at (972) 436-8000, or schedule a consultation online. Together, we can find the divorce type that will work best for your unique situation.