It is a fact that approximately 50% of marriages end in divorce. Given this statistic, it is something that all people should consider a very real possibility when they enter into a marriage. If you have not been through the process yourself or have not been close to the process before, you might not know where to start. It can be quite a daunting prospect.

Speak to Your Family Law Attorney

The first thing that you will need to do is to speak to a family law attorney. Your family law attorney will be able to take you through each of the steps needed to reach your divorce settlement. It can be a drawn out process and it is important to be aware of what is involved before you begin. The settlement process can take a great deal of time or it can be over relatively quickly. It all depends on the couple and the nature of the divorce.

The Financial Settlement

The financial side of the divorce settlement is likely to be the most difficult part for a couple to come to an agreement upon. For an unemployed spouse, this is perhaps the most important part of the divorce. If he or she is not earning an income, it is important that the settlement provide adequate support. It can take a great deal of time to reestablish oneself after a divorce. The marital assets can go a long way to helping a non-working spouse to start again.

Who Keeps the Home

Perhaps the biggest decision a divorcing couple will have to make is in regards to the marital home. The marital home is most people's biggest asset. While it often holds sentimental value, it may be better to sell the home and purchase smaller. This decision will have to be weighed very carefully. If there are children involved, the decision becomes even more difficult. Selling the family home can be a significant disruption in children's lives that may be best avoided. On the other hand, if one needs access to the funds that are locked up in the family home, there may be no alternative.

Spousal Support

Spousal support may also be part of a divorce settlement. In the state of Texas, the marriage must have lasted ten years or longer in order for a spouse to be eligible for spousal support. The amount involved will not exceed $2,500 per month and will be paid for a maximum of three years. Spousal support is designed to provide for necessities, not luxuries, hence the low maximum. The fact that a spouse only becomes eligible for spousal support after ten years of marriage leads some people to push harder for a bigger slice of the family assets in the settlement.

Child Support

Child support will be paid at the rate of approximately 20% of net monthly resources for the first child and an additional 5% for every child thereafter. The amount involved may actually be higher in some cases. The family court will take into account the age of the child and any special needs. If more than 20% of the non-custodial spouse's income is required, it will be taken. Cost of living tends not to be factored into child support, however, it might be possible for the non-custodial spouse to receive some compensation for transportation expenses involved in moving the children to and from visitations.

Disagreements Over the Settlement

Disagreements over settlement can take a great deal of time to resolve. The longer the decision making process takes, the higher the cost of the divorce. It is for this reason that some family law attorneys will recommend mediation. Mediation is increasingly common in modern divorces. Mediation involves making use of an impartial mediator. The job of the mediator is to guide discussion and to help the couple make their decisions faster.

Formal Mediation of the Settlement

The format of mediation will vary according to each mediator but typically there are two styles of mediation that are employed. One style will involve the spouses being in separate rooms with their respective lawyers. The mediator will move from room to room passing information whilst pressing toward an agreement. If this sounds a little tedious, it can be. This style of mediation tends to be used in some of the more bitter divorces or where spousal abuse has occurred. Another popular type of mediation will have the couple, their lawyers and the mediator in the same room. This is not always possible but when it is, it tends to work very well.

Settlement Mediators

The job of a mediator is fundamentally different than that of a divorce lawyer. The mediator is impartial. He or she will not side with one spouse or another. Their job is to come to a settlement that both parties can agree upon and to do so as quickly as is reasonable. The job of a lawyer is to find the best possible deal for their client. A lawyer is needed during the settlement process to explain the ramifications of any decisions. A mediator may have a great deal of experience in working through divorces but they usually do not have the specialized legal knowledge of a lawyer. For many people, their family lawyer is also a welcome source of moral support throughout what can be a very trying ordeal.

Divorce Mediators

Divorce mediators are all different. There are good divorce mediators and there are bad divorce mediators. If you are looking for a mediator to help with your divorce settlement, your lawyer is a great place to start. An experienced lawyer is likely to have worked with a number of different mediators over his or her career. They will be able to recommend someone that can do a good job in your situation. Mediation has frequently proven itself to be a means to achieving a divorce in a shorter time than would otherwise be possible. It is also a great way to reestablish a line of communication with the soon to be ex-spouse. Child visitation will require a certain level of contact and setting that up before the divorce will save the stress of doing it later.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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