Texas Courts Can (and Often Will) Order Mediation for a Divorce

In Texas, family law courts strongly encourage divorcing couples to resolve disputes outside the courtroom. As explained clearly by the Texas Legal Services Center, a court has the authority to require parties to attempt a round of mediation in a divorce case. Indeed, courts will often make spouses at least try mediation before any trial proceeds. It is a good thing in many cases. Mediation allows each spouse to work with a neutral third party to find common ground on issues like property division, custody, and visitation. The process is less adversarial, more cost-effective, and focused on cooperation

Note: Mediation will not be required for every divorce in Texas. Judges have discretion, and in cases involving domestic violence or serious safety concerns, mediation may not be appropriate. Still, when it is ordered, courts expect both spouses to participate in good faith.

Divorce Mediation is Non-Adversarial and Non-Binding

Mediation in Texas divorce cases is designed to reduce conflict rather than escalate it. Unlike a trial, mediation is non-adversarial. Both spouses work with a neutral mediator who guides discussions but who does not actually have the power to decide any outcomes. The process is confidential and encourages cooperation. Mediation is also non-binding. Even when mediation is ordered for a divorce in Texas, you will not be required to reach a settlement.

Know the Next Steps Once Mediation has Been Ordered By the Court

If a Texas family court orders you and your spouse to attend mediation, it is important to know what comes next. Mediation is intended to move your divorce toward settlement, but proper preparation is an absolute must. Here are some key things that you can expect going forward:

• A Review of the Court’s Order: You should understand the deadlines, requirements, and any specific instructions the judge included about the mediation process.
• The Selection of a Qualified Mediator: Courts may provide a list, or your attorney can recommend an experienced mediator familiar with Texas divorce law.
• Time to Prepare Your Financial and Custody Information: Bring updated documentation of assets, debts, income, and any custody or visitation proposals.
• Attend the Mediation Session: Both spouses must participate in good faith, guided by the neutral mediator. You can and should bring your Houston divorce lawyer to mediation. 

Contact Our Houston, TX Divorce Mediation Lawyer Today

At Lindamood & Robinson, P.C., our Houston divorce mediation attorney provides solutions-focused advocacy.  If you have any questions about family mediation, we are here to help. Contact us right away for your completely confidential, no obligation initial consultation. From our Houston office, we provide family and divorce representation all across Southeast 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

Understanding Family Litigation in Texas 

Broadly explained, family litigation is  the legal process involving disputes within a family that are resolved in court. Any family/domestic dispute could potentially end up in litigation, including:

• Divorce;
• Property division;
• Child custody; and
• Child support.

Notably, family litigation is often heard by specialized family courts. These courts have experience handling these types of sensitive cases.

Family Disputes are Often Best Resolved Outside of Family Litigation 

Litigation is often not the ideal outcome for a family law case—even if there is a very serious dispute. Quite the contrary, many family disputes can be best resolved outside of litigation. A non-litigation alternative—such as negotiation or mediation—may be the best way to save time, save money, and reduce conflict. It can spare family members of the emotional toll that can often come with these types of cases. For that reason, alternative dispute resolution (ADR) should generally be evaluated as an option in all types of family law cases.

A Texas Court May Order Mediation (More Common in Cases With Children) 

A court in Texas may order mediation before a case can proceed to a trial. Indeed, it is not uncommon for Texas courts to order non-binding mediation in family law cases. Mediation is especially common in cases involving children—such as a custody dispute or a child support case. Though, it may be required for a couple with no children who are getting divorced as well.

You Need a Trial-Tested Family Litigator 

While collaborative solutions are often preferable, the reality is that some family law cases do require litigation to reach a resolution. You may be locked in a serious, difficult dispute with a spouse or co-parent who simply refuses to cooperate and cannot be negotiated with. These are hard cases. If you find yourself up against this situation, it is crucial to have a trial-tested Houston family litigator by your side. A top-rated Houston family attorney can listen to your story, investigate your case, help you evaluate your options, and develop a comprehensive strategy focused on protecting your rights and your interests. Do not go into family litigation alone. You need a top attorney.

Consult With Our Houston, TX Family Litigation Attorney Today

At Lindamood & Robinson, P.C., our Houston family litigation team is committed to helping clients find the best possible solution for their specific situation. Locked in a difficult family dispute? You do not have to take on the legal process alone. Contact us today for a strictly confidential case review. With an office in Houston, we provide family and divorce representation across the region.

In Texas, mediation is non-binding. If it does not work, you can withdraw from the process. This raises an important question: What happens next? Here,, our Houston family mediation attorney provides an overview of your options if the mediation process did not work in your case in Texas.

Option #1: Take a Breath and Try Mediation Again 

Mediation can break down for a wide range of different reasons in a family law case. That a mediation session was not successful does not mean that the process can never work for you. In fact, mediation may still be a viable option even if your initial family mediation was largely unproductive. Emotions run high during the first mediation attempt. It is not uncommon for people to get bogged down on the side and for productive dialogue to be hindered. A break allows both parties to reflect, gather additional information, and consult with advisors or therapists. An attempt at returning to mediation can often be beneficial as it keeps the dispute resolution process within your control. A Houston family mediation lawyer can help you assess your options.

 Option #2: Enter the Collaborative Law Process

 Other non-adversarial options may work for your family law case even if the mediation process did not work. If mediation has been unsuccessful, the collaborative law process presents an alternative that still avoids the courtroom. Collaborative law in Texas is a legal process that enables couples to work out their disputes amicably without going to court. It involves each party working with their own trained collaborative attorney in a confidential setting. If you have any questions about the process, a Houston collaborative family attorney can help.

Option #3: Prepare to Litigate Your Family Law Case 

When other forms of dispute resolution have failed, litigation may become necessary. Preparing to litigate involves gathering all relevant documents, understanding the legal grounds of your case, and securing skilled legal representation. It is important to emphasize that family litigation can be lengthy, confrontational, and potentially expensive. Although litigation is absolutely necessary in some family law cases, it is always best to consider all other available options. Indeed, litigation—whether in a divorce, custody case, or any other family law dispute— should be considered when other avenues are exhausted.

Speak to a Family Mediation Lawyer in Houston for Immediate Help With Your Case

At Lindamood & Robinson, P.C., our Houston family mediation attorney is skilled, experienced, and compassionate. We have extensive experience helping clients with amicable solutions. Have specific questions about mediation? Contact us now for a strictly confidential initial appointment. With an office in Houston, we offer family mediation services in Harris County, Fort Bend County, Montgomery County, Brazoria County, Galveston County, and communities beyond.

Source:

texaslawhelp.org/article/mediation

Tip #1: Build the Basic Structure First (Weekdays, Weekends) 

A proper child time-sharing schedule needs a sturdy foundation. Creating a time-sharing schedule in a parenting plan begins with establishing a basic structure that addresses weekdays and weekends. The framework should consider both parents’ work schedules, the child’s school or daycare commitments, and any extracurricular activities. The two most common approaches:

1. Designate weekdays for one parent and weekends for the other; or
2. Allow the parents to alternate weeks.

To be clear, parents have a wide range of possibilities available. You and your co-parent can work out any type of schedule that works best for your specific situation.

 Tip #2: Do Not Forget About Holidays and Vacations 

Holidays and vacations are special times that require careful consideration in your parenting plan. Texas parents often rotate holidays annually to ensure both parents have the opportunity to create lasting memories with their child. Beyond that, vacations require advanced planning, with both parents communicating their plans as early as possible to limit the risk of conflicts.

 Tip #3: Put an Emphasis on the Details

 The small details matter. It is crucial to an effective parenting plan schedule, including not just where the child will be on specific days, but also pickup and drop-off times, locations, and who is responsible for transportation. Clarity is the small details can make a big difference.

Tip #4: Create a Process for Dealing With Unexpected Issues 

Life is unpredictable. Illness, work emergencies, or other unexpected issues can disrupt even the most well-planned schedules. Your parenting plan should include a process for communicating these changes, along with a method for making temporary adjustments.

 Tip #5: Remember that the Best Interests of Child Always Take the Priority in Texas

 In Texas, as in all states, the child’s best interests are the paramount consideration in any parenting plan (Texas Family Code § 153.002). With this in mind, divorced or separated parents in Houston should be aware that decisions around time-sharing schedules should be made with the child’s physical, emotional, and educational needs at the forefront.

 Set Up Your Confidential Case Review With Our Houston Family Lawyer Today

At Lindamood & Robinson, P.C., our Houston family lawyer has extensive experience protecting the rights and interests of parents. Have questions about parenting plans? We can help. Contact us now to set up your completely private initial appointment. From our Houston family law office, we help clients with parenting plans throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

• Know the Goal: A Prenuptial Agreement Should Have a Purpose 

Every prenup should begin with a clear understanding of the objectives. Communication is key. Couples should communicate openly and honestly with each other. Further, you should know exactly what you are trying to accomplish with the prenuptial agreement. When you know the goal, you can tailor the prenup to effectively achieve your goals. 

• Make Comprehensive Financial Disclosure 

Full transparency about each party’s assets and liabilities is paramount. Both parties must disclose their complete financial picture to ensure that the prenup is founded on honesty and to avoid any future allegations of concealment. In Texas, a prenup could potentially be rendered invalid if comprehensive financial disclosures are not made before the agreement is signed. 

• Be as Detailed as Possible With the Assets Being Protected 

Details matter. Among other things, you should clearly itemize and describe all assets—from real estate to investment accounts to personal items—that are to be protected by the prenup. The greater the degree of specificity, the more likely the prenup will properly protect your financial interests and achieve your goals. 

• Do Not Include Any Illegal Terms (Child Support, Child Custody, etc.) 

Texas law mandates that prenups cannot include any terms that are illegal or violate public policy. Most notably, you cannot use a prenup for any issues related to child support or child custody. These are invalid terms in a Texas prenup. Adding them into your agreement can undermine the enforceability of the agreement. 

• Ensure Each Party Consults With a Texas Family Law Attorney 

Each party should consult with a Texas family law attorney.  A family lawyer with experience in Texas prenup laws can ensure that the agreement is in accordance with state legislation and will provide guidance on complex financial matters, safeguarding each party’s legal rights. 

• Give the Non-Drafting Party Plenty of Time

A prenup should never be rushed. The non-drafting party must be given ample time to review, consider, and negotiate the terms of the agreement to prevent claims of duress or coercion in the future. Once again, you do not want to do anything that could undermine the enforceability of your prenuptial agreement.

Schedule a Confidential Consultation With a Houston Prenuptial Agreement Attorney Today

At Lindamood & Robinson, P.C., our Houston family lawyer provides solutions-driven legal guidance and support to clients. If you have any questions about prenuptial agreements, we are here to help. Contact us today for a confidential consultation. With an office in Houston, we help clients with prenuptial agreement negotiations throughout Southeast Texas.

1. A Premarital Agreement Must Be in Writing and Signed By Both Parties 

A fundamental requirement for prenuptial agreements in Texas is that the agreement must be in writing. Oral premarital agreements—no matter how strongly affirmed—are not enforceable in Texas. Both parties must have a written document that clearly outlines the terms they have decided upon. Beyond that, both spouses must sign the agreement. 

2. A Premarital Agreement Cannot Be Signed Under Duress 

A premarital agreement can be challenged in litigation on the grounds that it was signed under duress. For a contract to be legally valid in Texas, it is imperative that both parties enter into it voluntarily. If one party can prove that they were pressured, threatened, or coerced into signing the agreement, it could be declared invalid by a court. To help ensure enforceability, the non-drafter of the prenup should generally have the opportunity to consult with his or her own family lawyer. 

3. A Premarital Agreement Requires Good Faith Disclosures 

Transparency matters. Indeed, it is one of the cornerstones of premarital agreement law in Texas. Both parties must disclose their assets, liabilities, and financial circumstances honestly and in good faith. If it is later discovered that one party concealed assets or misrepresented their financial situation, the agreement could be rendered completely unenforceable. The requirement ensures that both parties are making informed decisions when they sign the agreement. Texas courts have invalidated premarital agreements on the grounds the proper financial disclosures were not made.

4. A Premarital Agreement Cannot Have Prohibited Terms 

Finally, a prenup in Texas cannot have invalid terms. While prenuptial agreements provide couples with considerable latitude to define financial terms and provisions, there are certain provisions that Texas law will not uphold. For instance, prenups cannot include terms that would adversely affect a child’s right to child support. Child support cannot be dealt with in a premarital agreement. Likewise, child custody cannot be dealt with in a prenuptial agreement. If certain prohibited terms are included within the premarital agreement the entire prenup could be deemed unenforceable.

Contact Our Galveston County Prenuptial Agreement Attorney Today

At Lindamood & Robinson, P.C., our Galveston County prenuptial agreement lawyers are experienced advocates for clients. If you have any questions about the drafting or negotiation of a prenup, we are here as a resource. Call us now or contact us online to set up your confidential consultation. Our firm serves communities in Galveston County and throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.4.htm

If you are a parent who wants to oppose the other parent from changing a custody arrangement, it is imperative that you take immediate action to protect your rights and interests. The following are the considerations in a modification:

Background: Modification Requires Substantial Change in Circumstances 

In Texas, family courts presume that an existing child custody order/agreement is appropriate and best for the child. To get a modification of a custody order, the parent seeking the change has the legal burden of proving that there has been a “material and substantial change of circumstances.” Put another way, the parent seeking a modification must establish that something has changed that renders the existing custody arrangement outdated or otherwise not in the best interests of the child. Some examples of changes that can qualify as “material and substantial” include:

• Parental relocation;
• Change in health status;
• Change in child’s desired living situation (older children only);
• Allegations of parental misconduct.
• Adverse conditions surrounding the child (grades, health, behavior)

You Can Challenge Your Co-Parent’s Petition for a Modification 

In Texas, child custody & visitation modification cases generally take one of two paths. The first involves parents filing a petition for a modification together. When this occurs, courts are far more likely to grant the modification. They give parents considerable discretion when they can effectively work together.

The second path involves a dispute over a modification. If your co-parent is seeking a modification that you do not agree with or approve of, you have the right to challenge their petition. Under Texas law, they must notify you that they are seeking custody/visitation in court. In defending the current custody arrangement against the proposed change, you can make two arguments:

1. There has been no material and substantial change in circumstances. Thus, a modification is not warranted under Texas law; and/or
2. The modification proposed by your co-parent is not in the best interests of your child.

Even if there has been a major change in circumstances, the specific modification being sought by your co-parent may simply not be appropriate. You have the right to make your case for an alternative arrangement in court. An experienced Galveston County, TX child custody modification attorney can help.  

At Lindamood & Robinson, P.C., our Texas family lawyers represent parents in child custody modification cases. If you have any questions about your rights or responsibilities, we are here to help. Contact our family law firm now to set up your strictly private case review. We handle child custody modifications throughout Galveston County, including in Texas City, Bayou Vista, Clear Lake Shores, Galveston, Dickinson, and Hitchcock.

1. Remember that Litigation is Not Always the Best Option 

As a starting point, it is important to emphasize that litigation is not the best path forward for every family law conflict. Quite the contrary, most people who are going through a divorce, custody dispute, or other family law matter want to find an amicable, low conflict solution to their dispute. It is always best to try to consider all possible options for alternative dispute resolution.

For example, you may be able to reach an agreement through mediation. Under Texas law (Civil Practice and Remedies Code Sec. 154.001) is a form of non-adversarial alternative dispute resolution in which an neutral third party mediator seeks to “facilitate communication between parties to promote reconciliation, settlement, or understanding among them.” 

2. Get Organized—Evidence is the Key to Litigation 

With litigation, the parties are ultimately asking the court to weigh in and make a decision on an important legal matter. In evaluating a family law case, a Texas court will always take a careful look at the evidence. Regardless of the type of family dispute you are going through—divorce, custody & visitation, child support, etc—it is imperative that you gather, secure, and organize all of the relevant evidence and information that supports your position.  

3. Make Sure that You are in the Right Mental Headspace 

While litigation is certainly necessary in some family law cases, that does not make going through it any easier. Litigation can be stressful and time-consuming. It is crucial to make sure that you are fully prepared for what you are likely to face during the legal process. You should be in the right mindset for family litigation. 

4. Seek Representation from an Experienced Family Litigator 

With family litigation, you should always be represented by a top attorney. Look for a family lawyer who is trial-tested. Not only will your lawyer help you assess the pros and cons of going to court, your family litigator will also make sure that your legal rights and family law interests are properly protected during every stage of your case.

Schedule a Confidential Consultation With a Houston Family Lawyer

At Lindamood & Robinson, P.C., our Texas family litigation attorneys are aggressive and reliable legal advocates for our clients. If you have any questions about family law disputes, we are more than ready to help. Contact us now for a fully private review and assessment of your family law case. We have a law office in Houston and provide family litigation representation throughout Southeast Texas, including in Harris County, Galveston County, and Brazoria County.

Expert Witnesses Have Specialized Skills, Knowledge, or Experience 

There are three basic categories of witnesses. The first, fact witnesses, actually observed a specific event. They have first-hand knowledge of something that occurred. The second type, character witnesses, have a personal relationship with a key player in a case. The third type, an expert witness, is a trained professional who can provide useful information regarding a complicated matter. In family law cases, expert witnesses may be called upon to testify to: 

• A Financial Issue: For a number of different reasons, financial matters can quickly turn complex. An experienced financial expert, such as a forensic accountant, may provide expert witness testimony to put a complicated matter into the proper context.
• A Parental Issue: Parental disputes are also challenging. An expert with special knowledge or experience related to kids, such as a child psychologist, may be called upon to deliver expert witness testimony. 

Texas Rules of Evidence: Admissibility of Expert Witness Testimony 

Expert witness testimony matters. In a complex family law dispute, the statement of an expert witness can prove to be extraordinarily compelling. It could make or break your case. As expert testimony is often persuasive, Texas has strict rules and regulations in place pertaining to the admissibility of these types of witnesses. Under Texas law (Texas Rules of Evidence § 702-06), an expert can only testify if the following two criteria are satisfied:

• Reliability: Texas is known as a ‘Daubert’ state for expert witness admissibility. Our state’s rules of evidence follow the Daubert standard set out by the U.S. Supreme Court in an early 1990s case. One of the key elements of the Daubert standard is that the expert witness must be reliable. There must be a valid and broadly accepted scientific or methodological approach supporting their position.
• Helpfulness: Beyond being reliable, the proposed testimony by an expert family law witness must also meet the ‘helpfulness’ requirement. The knowledge the expert possesses must directly relate to a material issue in the case. If the statement by the expert witness is not deemed sufficiently relevant to the issues at hand, a court may exclude their testimony. 

Contact Our Houston and Galveston Family Law Attorneys for Immediate Help

At Lindamood & Robinson, P.C., our family lawyers are committed to finding solutions for our clients. If you have questions about expert witnesses and family law disputes in Texas, we are more than ready to get started on your case. Contact our legal team today for a confidential consultation with a skilled attorney. We provide family law services throughout Harris and Galveston counties.