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An Introduction to the Divorce
Process in Dallas Texas
Separation
Filing for Divorce
Temporary Divorce Orders
Conducting Divorce Discovery
Mediation and Settlement
in the Divorce Process
Collaborative Representation
in the Divorce Process
Divorce Trials In Dallas
Decree of Divorce
Appellate Process in
the Dallas District
Divorce Modification
Paternity
Adoption
Grandparent Access
Child Protective Services
Abuse
Divorcing a US Military
Service Person
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Divorce Mediation and Settlement
Settlement of a divorce case, perhaps more so than other
civil cases, is not only the most economical method for the
parties to end their marital relationship, but also the
method by which both parties may believe they "got what they
wanted" and didn't get "cheated" by the system or by
the lawyer. The public policy of Texas, as set out in the
Family Code, as well as the rules governing the Texas State
Bar, promote out-of-court settlement of family law disputes.
Similarly, Texas public policy encourages the parties to a
divorce to enter into a written agreement concerning the
division of all their property and liabilities.
Mediation is a dispute resolution procedure wherein the
mediator serves as a third party neutral serving to
facilitate settlement discussions between the parties.
The mediation process is strictly confidential. The
mediator is simply a facilitator, and cannot make decisions
for the parties. The mediator can and will make
suggestions and offer advice in an effort to achieve a
settlement. During mediation it is critical that your
lawyer participate so that you will not be cajoled into an
unfavorable settlement. Mediation is conducted with
the parties and their lawyers in separate rooms in order to
minimize conflict and promote candor.
In a Dallas County divorce, if the parties cannot agree
to a mediator, the Court will appoint one. All Dallas
County divorces are required to go to mediation before being
called to trial. If you are set for trial and have not
mediated, the Court will reset the case and order the
parties to mediation.
An agreement incident to divorce may also address child
custody, visitation, and child support issues, as well as
post-marital obligations of one of the former spouses to
provide support and maintenance for the other, and education
for the children. All agreements incident to divorce must be
in writing. Oral divorce agreements are not effective A
mediated settlement agreement in a suit affecting the
parent-child relationship must be in writing and signed by
the parties and any party's attorney present at the signing
if it is to be nonrevocable and binding.
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