Can a Divorce Be Arbitrated in Texas?

Many divorcing couples are interested in finding a low-conflict, amicable solution. Only a relatively small percentage of divorces in the state are litigated. Notably, arbitration is a legally recognized option for resolving disputes in many Texas family law cases, including divorces. Here, our Houston family attorney discusses the key things that you need to know about divorce arbitration in Texas.

Parties Can Agree to Arbitration a Divorce in Texas 

In Texas, parties can agree to arbitrate their divorce. Under Texas Family Code § 6.601, if both spouses provide written consent, a court may refer a divorce case to arbitration. Notably, the arbitration agreement must specify whether the process is binding or nonbinding. If the parties agree to binding arbitration, the court is required to render an order reflecting the award.

 Note: A divorcing couple in Texas who shares young kids or teenagers may not be permitted to arbitrate divorce if they have a child custody issue or a child support issue. If the matter to be resolved is focused on property distribution or spousal maintenance, arbitration may still work. If custody or visitation is part of your divorce case, you need a Houston divorce lawyer for parents.

 Understanding Divorce Arbitration 

Unlike litigation, arbitration is conducted in a confidential setting. Divorce arbitration in Houston, Harris County, and elsewhere in the region is governed by the Texas Arbitration Act (TAA). The parties choose a neutral arbitrator—often a retired judge or experienced family lawyer—who listens to both sides, reviews the evidence, and issues a decision. In many ways, an arbitration is similar to a mini-trial. However, it is a faster, more streamlined process that can save time and money in comparison to divorce litigation.

A key point to remember is that if the parties to a divorce case in Houston agree to binding arbitration, the arbitrator’s decision has legal force. In other words, the court must enter a judgment based on the award unless there are very limited statutory grounds to challenge it—such as fraud or serious misconduct. Arbitration can be a powerful tool for resolving a dispute.

 Mediation is a Most Common Form of ADR in Divorce Cases

 While arbitration is an option for many divorce cases in Texas, it is not the most common form of alternative dispute resolution (ADR). More divorcing couples in divorce opt to mediate their case. Mediation is a non-binding and non-adversarial process through which a neutral (independent) third party mediator helps to facilitate an agreement between the parties. If you have any questions about divorce mediation, an experienced Houston, TX family lawyer can help.

 Contact Our Houston, TX Family Lawyer Today

At Lindamood & Robinson, P.C., our Houston family law attorney has the skills and experience to handle all aspects of divorce cases, including arbitration. If you have any specific questions, please do not hesitate to contact us for a fully private, no obligation case review. With an office in Houston, we provide family law representation throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6