How are Family Law Disputes Resolved?

Formal or informal settlement talks resolve most family law disputes.

Most divorces, modifications, and other family law matters settle out of court. These resolutions benefit everyone. Agreed settlements give the parties more control over the outcome and avoid the drama of an emotional courtroom showdown. Furthermore, if kids are involved, out-of-court settlements set the stage for successful co-parenting. Additionally, early settlements significantly reduce legal fees.

Contrary to popular myth, settling a case out of court does not mean raising the white flag of surrender. A settlement is just a faster and easier way for a Fort Worth family law attorney to secure important objectives and compromise on others. For example, Joe may be willing to pay more alimony if he gets to keep all his 401(k). Furthermore, the complete trial process usually takes at least a year. Settlements allow everyone to move on faster.

Pre-Filing Mediation

Usually, a mediator is an unaffiliated Fort Worth family law attorney who reviews the file, meets with both parties, and tries to engineer a settlement. Voluntary mediation before filing is a good idea in many cases, especially divorce modification matters.

For example, if Alice wants to take the kids and move to Florida, Hal may agree to the move if Alice pays all visitation-related travel expenses.

If the parties present an agreed proposed modification order to a judge, the judge will most likely sign it without requiring a hearing, as long as the order meets minimum legal qualifications. Perhaps best of all, especially if children are involved, pre-filing mediation involves little or no emotional drama.

Informal Settlement

Pre-filing mediation usually only works if a mediator must iron out a few details. Otherwise, pre-filing mediation is usually a waste of time and money (most mediators don’t work for free). Besides, informal settlement negotiations often produce settlements, eliminating the need for mediation.

Informal settlement talks usually begin once discovery is at least substantially complete. Lawyers usually exchange settlement offers and counteroffers through the mail or over the phone. After they assess these proposals, lawyers then convey these matters to their clients, who make the final thumbs-up or thumbs-down decision.

This assessment involves more than numbers on a spreadsheet. Intangible factors apply, such as the desire to avoid an emotional trial. Client attitudes differ. Some clients are willing to give up a little more to avoid a fight, while others order their lawyers to stick to their guns.

On a side note, some people hire bulldog lawyers who refuse to negotiate and fight every matter every step of the way. This approach is usually counterproductive. Many judges assume, rightly so, that contentious people who pick fights are poor co-parents.

Post-Filing Mediation

We discussed the nuts and bolts of family law mediation above. If informal talks stall or break down, most judges appoint mediators.

A duty to negotiate in good faith may be the biggest difference between pre- and post-filing mediation. If the judge orders the parties to mediate, they must negotiate in good faith. “Take it or leave it” is not a good-faith negotiation position.

Work With a Detail-Oriented Tarrant County Attorney

Out-of-court family law settlements benefit everyone. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and after-hours visits are available.