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Texas Alternative Dispute Resolution

The divorce process can be expensive and complicated, which is why most state laws provide for alternative to divorce court. Many states encourage couples try an alternative dispute resolution to work through divorce if the spouses are able to get along to a certain degree.

One type of alternative dispute resolution is divorce arbitration. With written agreement from both spouses, the Texas divorce court may refer a divorce for arbitration. In the written agreement, the couple must specify whether the divorce arbitration will be binding or nonbinding. If the agreement developed in arbitration is binding, the Texas divorce court will follow the arbitrator's award.

Texas divorce law encourages couples to attempt divorce mediation, which can be initiated by either the divorcing parties or a Texas divorce court. If the couple comes up with a divorce settlement in mediation, the agreement is binding where both parties and divorce attorneys have signed the agreement and the agreement states the terms are irrevocable. The Texas divorce court may extend the divorce proceedings for an additional 60 days for proper marital counseling if it seems that reconciliation between the couple is possible.

Collaborative divorce is a process where the spouses and divorce attorneys make a written agreement to each use the best efforts and make a good faith attempt to resolve the divorce on an agreed basis. During the collaborative divorce process, the couple will not resort to judicial intervention unless to approve the divorce settlement, make legal pronouncements and sign orders that the Texas divorce court consider appropriate. The divorce attorneys representing the spouses can't serve as litigation counsel excepts to ask the divorce court to approve the settlement. The divorce agreement must also include how each party will exchange information, hire experts and other provisions.

Texas divorce courts allow alternative dispute resolution methods to be used in Texas child custody matters.

A local Texas divorce lawyer can further explain alternative dispute resolution and which methods may be more beneficial to you. Learn how to meet your goals in divorce and secure your rights during the alternative dispute resolution process. Connect with a Texas divorce attorney in your area today by calling 877-349-1310 or filling out a Texas divorce case review form below.

The above synopsis of Texas divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Texas divorce lawyer in your area.

Texas divorce law was last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.