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 afterward, you can go to mediation and have your case finalized without having to go to trial.
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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. The state of Texas does not recognize any separation agreements.
You can’t go to mediation and have that as your divorce decree. You still file for divorce, retain an attorney, file a petition for divorce, serve the other party, and then you can do other things or collaborative remedies that you can use.
One of them is used a lot as mediation, wherein you don’t end up going to court, don’t have a temporary hearing, go straight to mediation, and 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 it is filed, you can’t finalize the divorce until 60 days have elapsed from the date that you filed for divorce.
In many instances, we’re going to mediations and trying to get things done through mediation.
But in a lot more cases, you still need a temporary hearing to try to get some temporary relief. Then, you can still go to mediation and finalize your case without going to trial.
In 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.
