Is Mediation or Litigation a Better Divorce Option?


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If you are wondering if mediation or litigation is a better option for your Texas divorce, it is important to recognize that, although every divorce is unique to its own circumstances, the vast majority of Texas divorces do not proceed to litigation. This does not, however, mean that litigation is always a terrible idea or that it is not a good option for your specific divorce needs. Your experienced divorce attorney will help you make the best choices for you and your children’s financial future.

Are You and Your Spouse on Speaking Terms?

If you and your divorcing spouse are both committed to a relatively amicable divorce, mediation is probably the way to go. It is important to recognize, however, that the stress and upheaval inherent to most divorces can lead you in unexpected directions. Many an amicably begun divorce has become contentious with the passage of time. Nevertheless, if your divorce is fairly straightforward, you are both reasonably committed to hammering out decisions together, and you remain on speaking terms (or something close to speaking terms), mediation probably remains your most expedient and least expensive option. For mediation to be successful, you will both need to move forward in good faith and with open minds.

The Terms of Your Divorce

In the course of your divorce, you and your soon-to-be ex will need to come to a mutually acceptable agreement on all of the following terms:

  • The division of your marital property
  • Your child custody arrangements (most parents prefer to retain decision-making power when it comes to hammering out issues related to custody)
  • Child support
  • Alimony (or spousal support)

Any of these matters that become sticking points will need to be litigated in court, but the more that you are able to resolve on your own, the fewer that will need to proceed toward litigation. It is worth noting here that many family law judges make mediation a prerequisite to litigation.

If Yours Is a High-Asset Divorce

One instance in which litigation is often the best path forward is a divorce that involves high assets or highly complicated assets. While you can make your other determination prior to litigation, the division of marital property (and possibly alimony) may be better suited to resolution in court. High assets generally mean complicated assets that will need to be sorted out, valued, and divided in a manner deemed fair under the circumstances. When high assets are involved, there is also a greater chance that assets are being hidden, and having the court help sort these matters out is generally in your best interest.

Consult with an Experienced Attorney Today

Working closely with divorce attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, will help ensure you obtain – whether you proceed to litigation or not – divorce terms that protect your financial rights and your family finances into the future. To learn more, please do not hesitate to contact or call us at 254-501-4040 today.

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