Getting divorced is generally not a pleasant process for both emotional and financial reasons. However, one way to make this life-altering process easier is to pursue a divorce settlement outside of court. Here is a glimpse at how the settlement process works during this type of family law proceeding in Texas.
Two individuals who are getting divorced do not necessarily need to go to divorce trial to address their divorce issues. Instead, they can complete an alternative dispute resolution process, such as mediation, or engage in informal negotiations. During these processes, they can work toward a settlement agreement that pleases both sides and that considers the best interests of the children, if the couple have minor children.
After they have produced an agreement, they can submit it to a judge for approval. The judge will approve the agreement if he or she feels that the negotiation of the agreement was fair — in other words, the terms of the agreement do not favor a certain spouse. Then, the judge will produce a divorce decree, indicating that the divorce has been finalized and detailing how major issues have been addressed. For instance, the decree spells out how the couple have decided to split their marital property, how they will handle child custody, and what will happen with regard to spousal and child support.
If the two spouses are unable to come up with their own settlement agreement, their only choice is to proceed to divorce trial. There, the judge will make the final decisions for them regarding matters such as property division and alimony. In either situation, an attorney in Texas can provide a divorcing spouse with the direction he or she needs to achieve a personally positive outcome.
Source: findlaw.com, “Settlement Agreements and Court Approval“, Accessed on May 2, 2018