Although in many cases it is impossible for divorcing couples to work out their issues in an out of court setting, a large percentage of families are able to come to an agreement regarding custody or property division through mediation. The benefits of mediation are even more important in high asset divorces where the possession of unique assets, such as business interests, valuable personal possessions, and real estate are at issue. To learn more about mediation and whether it is right for you, please contact one of our dedicated high asset divorce lawyers today.

The Mediation Process

The mediation process is overseen by a neutral third party, or mediator, who is tasked with hearing the parties’ issues and concerns and then facilitating negotiation, with the final goal of reaching a settlement that both parties voluntarily agree to. Although the parties will prepare for mediation as though they were going to trial by compiling financial records, lists of assets, and appraisals, the similarities end here, as mediations are non-adversarial. Furthermore, unlike a trial, communications that take place during mediation will remain confidential. In fact, if a mediation fails, mediators are not allowed to testify about anything that was discussed during the meetings at trial.

Dissolving a marriage does not necessarily have to be contentious. In fact, many couples are able to come to decisions regarding custody, child support, and property division without a judge’s intervention. When this is possible, it can significantly cut down on expenses, save time, and help protect children from the more emotional aspects of divorce. Mediation is one of the best ways to achieve this type of result, so if you and your spouse are both focused on an amicable divorce, please contact a member of our experienced divorce legal team to learn more about your options.

What Does the Mediation Process Involve?

Mediations are one of the most popular methods of negotiating a divorce settlement and involve a meeting between both parties, their respective lawyers, and a neutral third party. This third party, known as a mediator, is tasked with helping couples resolve the following kinds of issues by facilitating discussion and negotiation:

Many states have procedures in place to help couples obtain a legal separation prior to divorce. Unfortunately, Texas is not one of those states, as it does not recognize legal separation. However, it is possible for couples to enter into a contractual separation agreement that resolves property division and child custody related issues before obtaining a divorce. While courts do not sign off on these contracts, the terms of the agreements can be used at a later date during divorce proceedings. For this reason, it is extremely important that if you are considering a divorce and want to enter into a separation agreement, you speak with an experienced complex divorce attorney who can ensure that the contract’s terms are enforceable.

Legal Separations

While there are no Texas statutes that specifically address legal separations, couples are permitted to enter into legally binding separation agreements while they are informally separated. These contracts can include provisions regarding a number of legal issues, including:

Court orders are legally enforceable, which means that if a parent fails to comply with their terms, he or she can be held accountable by the court. Generally, this is achieved by filing a motion for contempt or a motion for enforcement by the wronged party. Filing these motions requires compliance with specific procedural rules, so if your ex-spouse is failing to abide by the terms of a court order by refusing to pay child support or spousal maintenance, you should contact an experienced complex divorce litigation attorney who can explain your legal options.

Filing a Motion for Enforcement

When a party is failing to abide by the terms of either a temporary or permanent divorce-related order, the other person can file a motion for enforcement. However, a court will only approve a motion for enforcement if it contains specific information, including:

As the negative effects of acrimonious divorces on families become better understood, more and more couples are attempting to dissolve their marriages amicably through collaborative divorce. Collaborative divorces allow couples to work together in coming to an agreement about property division and custody arrangements. This process can save both parties a substantial amount of time and money, while also eliminating a significant amount of stress. If you are considering a divorce, it is important to retain the services of an experienced child custody and divorce attorney who can explain your legal options.

Legal Requirements

During collaborative divorces, each party hires his or her own attorney before signing a legally binding Participation Agreement. In Texas, a Participation Agreement must adhere to certain requirements, including that it:

Estimates suggest that around one million couples divorce in America each year. A percentage of those couples are parents of children with special needs. Often more prone to experiencing emotional distress during the changes that may occur during and after a divorce, the special medical, behavioral, therapeutic, and/or basic care needs must continue amidst the chaos. As such, divorcing parents of special needs children need to know how to effectively navigate the process while still ensuring that the best interest of their child is protected and considered.

Understanding Custody Arrangements for Special Needs Children

Like custody arrangements for all children, the decisions regarding where a special needs child will live, and how much time they receive with a noncustodial parent are based upon the child’s “best interest.” Keep in mind that this is a very broad term, and it is based upon numerous factors. As it pertains to children with special needs, these factors may include (but are not limited to):

Emotions are very high during and after a divorce or complex child custody proceeding, and parents should take care that these feelings do not corrupt future co-parenting efforts.

Although it may be difficult to do so, do not make negative comments about your ex-partner in front of the children. This language makes the children feel guilty and lowers their self-esteem. Furthermore, it may be a bad idea to allow children to choose between parents, whether formally or informally. Rather predictably, children have a hard time relating with the rejected parent, and the feeling is often mutual. Keep angry outbursts to a minimum, as they disrupt the co-parenting dynamic. Try venting to a friend, co-worker, or family member while outside the presence of the children.

Finally, never use the children to convey messages back and forth. They often get the idea that there is unresolved conflict that may never be resolved, which gives the children a poor perspective about conflicts that arise in their future relationships.

It appears that the United States Navy may be the latest organization to jump on the bandwagon of extended paternity leave for new fathers.

During a recent visit to Pearl Harbor, Hawaii, Admiral John Richardson presided over an impromptu meeting that included himself, Master Chief Petty Officer of the Navy Mike Stevens, and ten sailors who had become new fathers within the past year. Currently, the Navy provides ten days of paid paternity leave, and Admiral Richardson asked the sailors what they believed a reasonable leave policy would be. After a brief conference, they proposed 30 days of paid leave. Admiral Richardson told the group that "it's great to get a sense for what your input will be," and he promised to pass the recommendation along to his superiors in Washington.

The meeting comes shortly after the Navy tripled paid maternity leave to 18 weeks. In the last several months, Amazon, Netflix, Microsoft, and other large companies have all expanded their paternity leave plans, or at least are considering such action.