If my my husband I are in agreement to settle our divorce, is it absolutely necessary to hire a mediator?

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If my my husband I are in agreement to settle our divorce, is it absolutely necessary to hire a mediator?

I believe we will reach an “understanding” in regard to our divorce, however my attorney keeps talking about hiring a mediator. I feel like if we can work every thing out with our counsel, we can save time & money on the mediator and take the agreement directly yo the court to finalize.

Asked on February 9, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may want to consult with another attorney in the area to see if mediation is required before you can have a hearing with a Judge.  It is my understanding that it is in certain counties in Texas (like Travis and Williamson) but I really do not see that it would be required in cases where the parties are in agreement about the asset distribution.  It wold be no different than preparation of a no fault and uncontested divorce.  Stand your ground.  If you and your spouse can agree on your own then it is a good thing.  Good luck.


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