You have known for months that your marriage is crumbling, yet a few things are holding you back from filing for divorce. You worry about the cost and time involved in resolving your disputes. You are afraid the divorce will be contentious and difficult on your children. Speaking of your children, how can you and your spouse agree on a parenting schedule that you both will be satisfied with? A judge does not know your family situation and may make decisions that are not in the best interests of you and your children. Like many Texas residents, you are not alone in your worries.
You may have considered an alternative method of divorce to litigation, such as mediation or collaborative law, but you have no idea how uncontested divorce works or if it will be effective in your case. It can help to understand the basics of mediation, the benefits it can provide and the situations in which it may be most beneficial.
Rather than have a judge resolve your issues for you, you and your spouse will negotiate solutions to your issues during mediation sessions. This uncontested method is generally less costly and time-consuming than litigation. Mediation affords you and your spouse privacy, as the details will not become a matter of public record. It can also greatly reduce conflict and shield your children from much of divorce’s detrimental effects.
If you feel reasonably confident you and your spouse can talk through your issues respectfully and civilly, mediation may be a good option. You should be open to hearing his or her points of view and willing to compromise. Uncontested divorce may not be as effective if your spouse is abusive, dependent on drugs or alcohol or is using a significant financial advantage as leverage against you. It is best to know your options and weigh your own situation before deciding how to proceed with your divorce.