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Why should I consider mediation for my divorce? Part 1

Divorce is not a one-size-fits-all situation. It is a process that many couples find devastating and contentious. Even if you and your partner are on good terms and have every intention of doing things amicably, you never know when divorce-related issues may arise that create unnecessary strife and confusion. Mediation can help you to avoid a breakdown in communication and divorce negotiations

When things heat up in the courtroom, you may feel like the best thing for you to do is fight and argue for what you want. This tactic may work on television and in the media. However, in real life, doing so is likely to end in an unfavorable settlement and exorbitant legal expenses. Before you or your soon-to-be-ex-spouse do or say something that does not work out in your interests, consider the following reasons why your situation may benefit from mediation. 

Saves time and money 

In a divorce, time is of the essence. Filing for divorce is just the first step in the process. You may want the courts to finalize your separation as soon as possible. Due to the backlog of cases in the courts, mediation may offer you a quicker and more affordable way to finalize your divorce. Mediation takes place on a schedule that you and your ex-spouse agree to. If you and your ex-significant other put forth the effort and energy to stay peaceful and work through each issue to reach a fair settlement, you can reduce your litigation costs and put an end to this chapter of your life much sooner than utilizing litigation. 

Encourages both parties to negotiate their interests 

The state of Texas mandates that in divorce, both parties must split their assets using community property rules. To determine what each party should rightfully receive, the courts take into consideration many factors, including the type and amount of assets each person owns before and during the marriage; if there are any children and their needs; and past, current and future earning capacity. These factors also weigh heavily on child custody and spousal support awards. The judge will do what is fair without regard to your feelings, and the courts have the final say over your divorce agreement. However, you and your ex-partner have the right and opportunity to use mediation to come up with a settlement that meets the court's approval. 

Going through a divorce may seem difficult. Mediation allows you to maintain control over and get what you feel you deserve out of the process.

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