Mediation is a popular choice for divorcing couples because in most aspects, it is easier and less complex than marriages dissolved through litigation. One of the main perks of working with your spouse to come up with a divorce agreement is that once you have agreed to the terms of your divorce, it will not require much more effort to become finalized.
Once you have come up with a divorce agreement that both parties fully agree on, you will just need to fill out a few forms and file them with the appropriate court. When you work with a family law attorney as your divorce mediator, such as Dawn Renken, they will be able to file all of this paperwork for you.
You and your spouse will have a final review hearing as well, to ensure everyone is on the same page as far as the final divorce agreement. In some cases it is possible to file a motion to have the requirement of your attendance waived. The hearing will not be a long and drawn out process, the judge will just want to ensure both parties are aware of what they are signing and in agreement with the terms outlined.
Attorney Dawn Renken is here to help assist you throughout your divorce case. She has decades of experience and understands how mediation works, even in complex divorces with child custody and support issues. If you are considering divorce mediation reach out to our law firm today.
After you’ve signed a mediated settlement agreement, the final divorce paperwork will have to be prepared and filed, including:
- the proposed final divorce decree, and
- a motion to enter a judgment based on your agreement.
When your mediated settlement agreement meets the requirements discussed above (including the statement that it can’t be changed), Texas law says that you are entitled to a final divorce decree that follows the terms of the mediated settlement. That’s true whether the mediation took place before you filed for divorce or during the divorce proceedings.
This rule has only two exceptions. The first is if the judge finds that the settlement was illegal or resulted from fraud, duress, or coercion. The second exception is if the agreement isn’t in a child’s best interests, and either:
- a spouse’s decision-making was impaired due to being a victim of domestic violence, or
- the agreement allows unsupervised access to a child by a parent with a history of physical or sexual abuse.
Unless one of those circumstances applies, the judge may not refuse to enter a divorce decree based on what a mediated settlement agreement says—even if the judge doesn’t believe it’s fair or in a child’s best interest.
Affordable Divorce Mediation Lawyer
Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.