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Can you mediate and settle before filing for divorce in Texas?

mediation before divorce

The coronavirus pandemic changed many aspects of daily life, including its impact on marriage and divorce rates. With government lockdowns and stay-at-home orders, countless individuals found themselves reconsidering their relationships. While some expected divorce rates to rise, the reality has been more nuanced. Let’s explore how the pandemic influenced divorce statistics and if mediation before divorce is ideal.

Expectations vs Reality: Divorce Trends During the Pandemic

One key assumption during the early months of the pandemic was that divorce rates would spike. Increased stress levels, financial uncertainty, and constant proximity to one’s spouse seemed like a recipe for relationship strain. Historically, stress often exacerbates marital issues, exposing cracks that might otherwise remain hidden. The logic followed that couples forced to confront unresolved conflicts daily would ultimately head to divorce court.

Surprisingly, recent data shows that divorce rates actually decreased in many regions during the pandemic. In fact, fewer people filed for divorce compared to previous years. A closer look reveals potential reasons for this decline and what it might mean for the future of marriage and divorce.

Why Are Divorce Rates Falling?

Several factors contribute to the decline in divorce filings. Understanding these trends can provide valuable insight into the state of modern relationships.

Fewer Marriages

One significant factor is the declining marriage rate. Fewer young people are getting married, which naturally leads to fewer divorces. Many opt to remain single or cohabit without formalising their relationship through marriage. This cultural shift reflects changing attitudes toward traditional marital norms.

Financial Pressures

Divorce can be an expensive process, and financial uncertainty during the pandemic discouraged many from pursuing it. Job losses, reduced incomes, and economic instability led couples to reconsider whether they could afford to separate.

Practical Challenges

Court closures and delays made filing for divorce more complicated. Couples often had to wait months for their cases to proceed, adding another layer of difficulty to an already challenging process.

Challenges of Marriage During Lockdowns

Although divorce rates declined, that doesn’t mean relationships thrived during the pandemic. Many couples faced significant challenges while navigating extended periods of togetherness.

Increased Stress

The uncertainty of the pandemic heightened stress levels for many. Balancing remote work, homeschooling, and health concerns placed additional pressure on relationships. For couples already struggling, these challenges amplified existing issues.

Lack of Personal Space

Spending 24/7 together left little room for personal time or space. Even in healthy relationships, the inability to escape tension or conflict could create friction. For struggling couples, this lack of space often magnified their problems.

Planning for Divorce Post-Pandemic

If the pandemic prompted you to consider divorce, taking a practical approach can help you navigate this significant life change. Here are some steps to prepare for the process.

Identify Key Issues

Before starting the divorce process, take time to identify the most critical aspects of your case. This includes child custody arrangements, property division, and financial support. Knowing your priorities will help you approach negotiations effectively.

Understand the Divorce Process

Most divorces settle outside of court, often through mediation. Litigation—while sometimes necessary—is time-consuming and expensive. Understanding how mediation works can help you avoid unnecessary delays and costs.

Consider Mediation Early

Mediation allows couples to resolve disputes with the help of a neutral third party. This process can save time, money, and emotional energy compared to a trial. For some couples, mediating before even filing for divorce may offer an efficient path to resolution.

Common Reasons Divorce Cases Settle

Settling a divorce case often makes sense for practical reasons. Here are three main factors that drive most couples to avoid going to trial.

Time

Divorce trials can extend the length of your case significantly. A contested trial often means waiting six months or more for a resolution. Most people prefer to move on with their lives rather than prolong the process.

Energy

Divorces can be emotionally draining. While many people start with strong motivation, prolonged conflicts can sap energy and enthusiasm. Settling allows couples to focus on rebuilding their lives instead of fighting prolonged battles.

Cost

Legal fees add up quickly during a divorce trial. Attorneys typically charge by the hour, and preparation for trial requires significant time. Many couples find that settling saves them thousands of dollars.

Making Mediation Work

If you and your spouse agree to mediate your divorce, preparation is key. Here’s how to make the most of the process:

  • Set Clear Goals: Identify your non-negotiables and areas where you’re willing to compromise.
  • Stay Open-Minded: Mediation requires flexibility and a willingness to listen.
  • Focus on the Big Picture: Avoid getting bogged down in minor disagreements.

The Role of a Mediated Settlement Agreement (MSA)

An MSA outlines the terms agreed upon during mediation. This document provides a binding framework for your divorce and ensures both parties adhere to the settlement. Key elements of an effective MSA include:

  • Irrevocability: Once signed, the agreement cannot be altered.
  • Comprehensive Coverage: The agreement should address all major issues, including child custody, support, and property division.
mediation before divorce

Preparing for Life After Divorce

Your post-divorce life will likely be much longer than the divorce process itself. Taking steps to plan for the future can make the transition smoother.

Focus on Co-Parenting

If you have children, developing a strong co-parenting plan is crucial. Clear communication and mutual respect can help create a stable environment for your children.

Manage Finances Wisely

Divorce often brings financial changes. Creating a budget and understanding your financial situation will help you adjust to your new circumstances.

Embrace New Opportunities

While divorce marks the end of one chapter, it also opens the door to new beginnings. Whether it’s pursuing a new career, relocating, or exploring personal interests, focus on building a fulfilling future.

Final Thoughts

The pandemic has reshaped many aspects of life, including how we approach relationships and divorce. While divorce rates have declined, the challenges faced by couples during lockdowns highlight the importance of communication and resilience. If divorce feels like the right step for you, understanding the process and preparing thoughtfully can help you move forward with confidence. For guidance tailored to your situation, consider consulting a family law attorney.

eBooks

If you want to know more about what you can do, CLICK the button below to get your FREE E-book:.

  1. How to Draft and File an Answer to a Texas Divorce – Free Downloadable Forms
  2. Waivers – To sign or not to sign? The answer is don’t do it!
  3. 6 things You Need to Know Before You File for Divorce in Texas
  4. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
  5. Am I Married? – Marital Status in Texas
  6. Can I sue my spouse’s mistress in Texas?
  7. 6 Tips – On How to prepare for a Texas Divorce
  8. Roadmap of Basic Divorce Procedure in Texas
  9. Child Custody Basics in Texas
  10. 6 Mistakes that can Destroy Your Texas Divorce Case
  11. 10 Quick Tips About Parental Visitation
  12. Does it Matter who Files First in a Texas Divorce?

Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyer

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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