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Family Lawyer in Austin Explains Divorce Mediation Myths

Relaxed couple sitting on sofa after a fight Family Lawyer in AustinFinding a family lawyer in Austin, Texas is a sound decision when considering filing for a divorce through mediation. Divorce mediation is rapidly becoming a popular legal option for couples who want a divorce that is cost-effective and as painless as possible. Divorce is not often an easy process, and arriving at a final dissolution of a marriage can be complicated and emotional. While most states do not recognize amicable dissolution of marriage via mediation, Texas law does allow for dissolution as opposed to an arbitrary divorce ordered and determined by the court. Once the agreement is reached through mediation, the mediator then presents the agreement to the court for finalization. However, there are several myths that surround the mediation process that are not accurate.

1. Mediation lengthens the divorce process

While the mediation will require some negotiations between the divorcing parties, and their lawyers if they retain counsel, the issues can be presented beforehand and each party will have ample time for consideration of each issue, including the parenting plan and child support responsibilities. In most cases, the mediator is a professional negotiation attorney who is agreed upon by both divorcing parties in order to avoid the expense of personal attorneys and adjudication fees. However, divorce cases in mediation can also be complicated and may require individual counsel for rights protection. Retaining a family attorney in Austin may be the right choice in a messy divorce. However, when done properly, mediation can actually quicken the divorce process and produce a more comprehensive and acceptable divorce decree.

2. Men are at an advantage in a mediation hearing

While many mediators are men and may primarily understand family issues from a male perspective, the truth is that the mediator actually has no power in the process except pointing out the legal rights of each client. Mediators have an ethical and legal duty to remain neutral in a mediation hearing. Reasoning is the fundamental essence of the legal system, and any good mediator will address issues that are not being negotiated reasonably, as well as remind both parties that the purpose of the hearing us to reach an agreement instead of continue an argument. Actually, mediation is the best type of divorce proceeding concerning fairness in some cases, including marriages involving several competing interest. Having a family lawyer in Austin for a mediation proceeding can make a huge difference.

3. Mediation is best for all divorce cases

Mediation works well for some dissolution of marriage, but is clearly not effective for all divorcing couples. Divorces involving significant assets and complicated property ownership structures can be difficult to adjudicate, and sometimes the court will need to make arbitrary litigation decisions in a contentious divorce. This is especially true in cases of domestic abuse and potential problems with minor children. Children rarely have legal representation in the divorce process, and the court will often be the advocate for the rights of children, including restricted authorization of visitation rights for parents.

4. Mediation is too much hassle

Getting a divorce is usually a life event, which means it is more important than many people think. When children are involved, there is no such thing as too much hassle. Leaving a totally arbitrary divorce decision to the court system can be risky in many cases, especially when the child support responsibilities will fall primarily on the highest family income earner. The court systems in every state are well-known for strict adherence to child support responsibilities and often assign a significant percentage of income to the non-custodial parent. Any family attorney in Austin will diligently pursue a maximum child support amount in litigation, and mediation can be much less hassle than dealing with the state child support enforcement agency, while allowing for an actual voice in the matter. Knowing whether or not your divorce case is primed for mediation is not always as simple as it may seem, regardless of extenuating factors. There are many advantages of mediation, including helping children adjust to a different family structure with as much emotional ease as possible.

Contact a Family Lawyer in Austin

The first step of the process is finding a family lawyer in Austin, Texas like the family law professionals at Nunis & Associates in Austin by calling them at (512) 236-9696 for a full evaluation concerning mediation potential.

  • 801 West Avenue
    Suite 200
    Austin, TX 78701

    (512) 236-9696

    (512) 236-9695

  • Licensed to practice in Texas Courts, including all 4 Federal Districts of Texas. Primary practice in Central Texas: including Austin and Travis County, Georgetown and Williamson County, Bastrop and Bastrop County, San Marcos, Dripping Springs and Hays County.