FAQ


What is Mediation?
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Mediation is a guided process that enables disputing parties to reach an agreement concerning a legal matter. It alleviates the expense and time-consuming nature of having a dispute litigated in a courtroom. In mediation, a third-party neutral mediator guides communication between disputing parties about the matter at hand. Meetings might be held both separately and together with the mediator and disputing parties.The goal of mediation is to enable both sides to understand the other’s point of view and reach a resolution that takes everyone’s concerns into account. Mediation is effective in a variety of instances, but it is especially beneficial for settling family legal issues because it helps to preserve relationships and keeps delicate family matters private. Families that choose mediation to settle their legal disputes should work with a mediator from Texas who experienced with the specific laws and issues related to their dispute.
What is custody and co-parenting with other the parent?
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Custody is the care and decision making rights regarding a minor child. Co-parenting is a situation in which two unmarried parents essentially share custody of a child. Each is responsible for equal amounts of responsibility and decision-making concerning a child’s upbringing. The general consensus is that children are at their best when they have an equal relationship with each parent, even when parents are not married or living in the same location. The law views parenting as both a right and a duty, and in most cases when it is safe for the child, does all it can to allow a child to maintain a relationship with both parents.Mediation can play a role in settling both custody and co-parenting issues. When parents prefer to make decisions about their child’s well-being without interference from the court, mediation allows them to discuss the matter at hand and come to a legally binding resolution with less expense and without the invasive nature of taking the issue to court.
What is an uncontested divorce?
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An uncontested divorce is an option when both spouses agree to end their marriage and settle the various issues related to the divorce without contention. Often, uncontested divorce is used by couples that own no property together and have no children. However, even in more complicated cases, if a couple is able to come to an agreement concerning property division, custody, child support, and other financial issues, uncontested divorce can still be an option.Though couples in Texas pursuing uncontested divorce do not need individual legal representation, it is smart for them to seek the advice of a divorce attorney before finalizing their arrangement. Furthermore, child support and custody issues will need to be approved by a judge, usually after a hearing at which both spouses must be present. A divorce attorney can provide information and guidance concerning this hearing. If a specific matter in an uncontested divorce becomes an issue, mediation can be used to reach a settlement.
What is separation in Texas?
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There is no official legal separation in the state of Texas. Couples wishing to legally separate from one another must seek a divorce. In some instances, attorneys will work with couples to create an informal separation (called temporary orders) that allows them time apart, to seek counseling and restore their marriage. However, this is not the same as a legal separation available in other states that require a couple to establish financial obligations, custody arrangements, property arrangements, and allocation of employment benefits with their spouse. Many states acknowledge legal separation in much the same way they do an official divorce, but Texas does not allow for this.When Texas couples want some form of separation, there are only a limited number of things that attorneys can do to protect each spouse. Some seek a binding legal document signed by the judge called temporary orders, which is a temporary division of property and addresses important issues regarding their minor children. This separates some or all financial affairs for a pre-determined allotment of time while a couple remains married.
What is elder law mediation?
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Elder law mediation offers an out-of-court tool for settling family disputes related to senior family members. Family disputes related to aging family members might be related to long-term care and guardianship, financial matters and other issues with the family estate, and plans for retirement, benefits, and medical care. Mediation provides a non-confrontational way by which to settle these disputes.Because there are many issues involved in elder law, both practical and emotional, it is often better to resolve conflicts within the family. Elder law mediation is private and keeps the decision-making control in the hands of the family members. Mediation is also less expensive and time-consuming than litigation, and makes it easier to preserve family relationships in the long run. Elder law mediators work with family members to reach a mutually agreed upon resolution that is in the best interest of everyone involved, especially the elderly family member.