The divorce rate has slowly declined in Texas. In 2015, there were only 2.6 divorces for every 1,000 inhabitants, which is down from a divorce rate of 5.5 in 1990.
Before any couple proceeds with the divorce, both people should seriously consider going through mediation. Although many people associate mediation with uncontested divorces, they can be beneficial even if the couple has significant disagreements about how to divide assets. You may decide mediation is best for your divorce after you realize the following common myths are not actually true.
Myth #1: It is easier to simply go through lawyers
Both spouses will still need to hire attorneys even if they go through mediation. However, they can both save money and time by working out key issues before heading to trial. Once the mediation sessions are over, both lawyers can review the documents and submit them for approval in the court.
Myth #2: Mediation is only for couples who may get back together
Mediation is different from counseling. With mediation, both spouses realize the marriage will end, and they simply want to reach amicable resolutions on how to divide property and determine child custody. Mediation will not work if one spouse still wants to reconcile the marriage but the other spouse has already moved on.
Myth #3: You will settle for less with mediation
Many couples going through divorce view the process as a “winner-take-all” situation. However, in most divorces, the judge will simply look for a fair, reasonable division of assets. You will probably not get more money if you forgo mediation and go straight to court.
Myth #4: Every couple should utilize mediation
While mediation certainly has its benefits, it is not right for every couple. For example, if you genuinely suspect your spouse has hidden assets, then you will need the services of an attorney to find them. Additionally, mediation is not good if the marriage contained emotional or physical abuse.