Arlington Divorce Lawyers

What Is a Texas Default Divorce?

A default divorce in Texas occurs when one spouse files for divorce against the other spouse and the other spouse either:

1) refuses to acknowledge the divorce lawsuit or refuses to cooperate with any of the proceedings; or

2) the other spouse cannot be found and, therefore, cannot be served with the papers.

In default divorce cases, the missing spouse has a specific timeframe to appear before the court and respond to the filing. If the disappeared spouse fails to appear or respond, the court will automatically grant the filing spouse the default divorce by the end of the timeframe.

Mediation in Your Arlington Divorce

Mediation is a commonly used tool in Texas divorce cases to encourage resolution and reduce the burden on courts. While Texas courts do not universally mandate mediation in every case, many judges require couples to attempt mediation before proceeding to trial, particularly in contentious divorces.

Mediated divorces in Texas allow spouses to attempt to resolve their issues before a neutral third party. Each spouse retains an attorney, and both sides work with the mediator to negotiate the divorce agreement.

Mediators do not decide on issues for the spouses or offer legal advice. Instead, they strive to help the parties reach mutually agreeable terms and work through any lingering anger or hotly contested issues that will prolong the divorce.

Mediation will only work if both spouses are genuinely on board with the process because it is a voluntary and generally non-binding option unless there is a mediated settlement agreement. Typically, both spouses will split the mediation costs. It is most appropriate for amicable splits or couples who want control over the divorce rather than appearing before a judge.

Mediation can provide unique problem-solving alternatives that could be unavailable when going to court.

What Is Collaborative Divorce?

 In a collaborative divorce, the spouses retain lawyers experienced in collaborative law to help resolve the divorce and enter into a participation agreement that outlines the rules that must be followed.

Each spouse and their attorneys will meet multiple times to reach a final agreement. The spouses may retain other experts such as accountants, asset appraisers, financial advisors, child advocates, or divorce financial planners. 

This process can be significantly more costly and time-consuming given the extra number of third parties that demand higher fees due to their professional experience.

A potential issue with a collaborative divorce is if the spouses fail to settle. This requires their collaborative attorneys to withdraw from the case, which can mean lost time, lost legal fees, and additional stress. Generally, spouses then resort to litigation. 

Divorce Litigation in the Arlington Courts

Litigation can be a time-consuming process in a contested divorce. If a settlement cannot be reached, divorce attorneys represent each spouse and bring the case to court.

Three types of divorce litigation can occur, with each one gradually increasing the expected time to end the dispute.

First, a negotiated settlement is where the attorneys will engage in negotiations to avoid an emotionally taxing trial and keep the settlement terms confidential.

Second, spouses can submit the dispute to an arbitrator, who typically issues a binding decision that cannot be appealed. This route might be chosen after failed mediation or collaborative divorce to allow the parties to compromise after the main issues have been thoroughly discussed and negotiated. 

Both spouses retain lawyers and work towards an amicable agreement. Arbitration proceedings can sometimes run like trial proceedings, albeit more informal.

Finally, in 2020, 27% of divorce cases were decided at a bench trial, which is the most expensive and grueling process possible.

Due to court schedules, the prolonged nature of the process, and the potential difficulties of dragging necessary parties into court, a bench trial can take 12-18 months to complete. This litigation is costly due to mandatory court fees, travel expenses, expert fees, and legal costs.