Divorce and Custody

There are so many questions a couple or individual may have about Divorce, Custody and other related things. There are many websites that offer non-legal information on this subject one of which we found to be TexasLawHelp.org     


FAQ on Divorce at Texas Law Help include:   

•What if I'm afraid of my spouse?   

•Do I need a lawyer to help me with my divorce?  

•Can I file for divorce in Texas?  

•Is my divorce uncontested or contested?     

•What should I do if I’m served with divorce papers?    

•Can I hire a lawyer just to give me advice? 


Some FAQ on Family & Custody on the site include:     


(Please read their disclaimer here: https://texaslawhelp.org/disclaimer )    


   Michael Sweet Mediation Service does not offer legal advice at any time, nor infers that Texas Law Help offers legal advice. Please seek legal advice, from and licensed attorney,  and or the Texas Bar Association.

Website Resources

We continue to find sites that we believe may help individuals and children not only cope, but begin a process of healing and supporting each other. Here are a few we found meeting that goal. We will update the list often so check back regularly;


Divorce Savvy-   When divorce becomes unavoidable, use this unique interactive software to leave your marriage with your dignity intact and money and money in your pocket. Don’t pay professionals for the preliminary work you can do.


How to Do Your Own Divorce in Texas 2015-2017: An essential guide for every kind of divorce 15th Edition   by Ed Sherman   (Author) - A resource to help individuals understand the process and steps involved with divorcing in the state of Texas. 


Parenting Classes (Online)  Click Here for Parenting Classes Online


Books;

The Unexpected Legacy of Divorce -Judith S. Wallerstein


Movies;

Intolerable Cruelty - George Clooney (comic relief)

The Wedding Crashers - John Beckwith and Jeremy Grey (comic relief) (PG)

What is a Mediated Settlement Agreement, and is it binding?

a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration.  The agreement must state whether the arbitration is binding or non-binding.   

(b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child.  The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award.   

(c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation.   

(d) A mediated settlement agreement is binding on the parties if the agreement:     

   (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;      

   (2) is signed by each party to the agreement; and     

   (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed.   

(e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure , or another rule of law. (e-1) Notwithstanding Subsections 

(d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds that:    

    (1) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions;  and     

   (2) the agreement is not in the child's best interest.    

(f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit.  After an objection is filed, the suit may not be referred to mediation unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection.  If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection.  The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation.  This subsection does not apply to suits filed under Chapter 262.  

(g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601 , and to the parties and any other person who participates in the parenting coordination.  This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101 .

MSMS Disclaimer - Website is for Informational purposes only

Information, Not Legal Advice  This website provides information to help Texas residents better understand their legal problems. 


The information on this website is not legal advice. Legal information is not the same as legal advice, which is the application of law to an individual's specific circumstances.  


The information on this website is not a substitute for, and does not replace the advice or representation of, a licensed attorney. Michael Sweet Mediation Service LLC and it's member partners make no claim as to the accuracy of this information and are not responsible for any consequences that may result from the use of this website.  We recommend that you consult with a licensed attorney if you want assurance that the information on the website and your interpretation of it are appropriate for your particular situation. You should not and are not authorized to rely on this website as a source of legal advice. The use of this website does not create an attorney-client relationship between Michael Sweet Mediation Service LLC,  any of our member partners, and any site user.

Downloads

Please download these documents and complete  them. This will greatly reduce the amount of time spent in mediation and allow the time spent in mediation to be more focused on a resolution rather than filling out forms.


Download, complete and sign, then scan to your PC and email to michael.sweet@sweetadr.com 

OR you can fax the completed form to 509-278-0345


Please do not hesitate to email  me at michael.sweet@sweetadr.com if you have any questions or concerns