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San Marcos Legal Issues Blog

The benefits of divorce mediation

For many couples in Texas and throughout the country, mediation could be an effective alternative to resolving a divorce case in court. One of the key benefits of going through mediation is the ability to have more control over the process. During the mediation process, both sides work with a trained professional to work through problems and express their needs. Another benefit of mediation is that it often costs less than litigation.

Although a mediator may charge the same amount a traditional divorce attorney does, the case can be resolved in less time. However, those who want to keep costs to a minimum should consider going through mediation online. This allows individuals to meet at a time and place that is convenient for them instead of having to travel to a mediator's office to hold talks. In addition to saving time on the talks themselves, an agreement may be processed faster.

What parents should know about visitation rights

In most cases, noncustodial parents in Texas are granted visitation rights to their children. However, there are circumstances in which a judge will deny visitation to a parent. Typically, this is because doing so could put the child in physical danger or pose emotional or mental health threats. A judge could require that a parent complete anger management classes or participate in a rehab program as a condition of obtaining visitation in the future.

If visitation is granted, there could be conditions attached such as getting past an addiction or overcoming an anger problem. For example, visitation may be supervised and occur in a public setting. Custodial parents might try to deny visitation on their own for a variety of different reasons. For example, they may not approve of a noncustodial parent's life choices or be upset unpaid child support.

Child custody agreements involve compromise

As a divorce enters its final stages and the reality of establishing two separate households for a family that came from one is fully realized, nothing is more vital than creating a child custody agreement that recognizes the needs of the children. While it is certainly true that each Texas family member is important, the kids have never experienced anything other than a life with Mom and Dad in the same home, and how this new transition evolves will likely play a critical role in the type of relationship they have with each parent moving forward.

Family relationship professionals counsel parents to look at things from their kids' perspectives. By creating as little disruption in the children's lives while emphasizing the new opportunities and adventures on the horizon, parents can sooth some of the pain. If the kids are the appropriate age, it is wise to encourage their input without turning full control for the decision over to them. After all, they know their schedules for activities better than anyone.

Mediation can make your divorce faster, cheaper and more private

For some people, the potential issues that come with divorce are so frightening that they would prefer to stay in an unhappy marriage than face the reality of divorce. The idea of airing dirty laundry in court, relinquishing control to a judge and spending so much money just to end a marriage can seem ridiculous. Thankfully, those in Texas who want to end their marriage have more options than just a contentious, litigated divorce.

Individuals can also choose to file for uncontested divorce. An uncontested divorce is one where the divorcing couple provides the courts with their own asset division determination and custody plan. The courts simply review these for legality and then grant the divorce.

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