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Text Box: FAQ about mediation and divorce: Q. I need a divorce, but I’m not sure I can afford it. What should I do? A. Consult with a family law attorney. Ask about their fee arrangement. The Dallas Bar Association Lawyer Service can help you find a lawyer. Call them at 214-220-7444 for a recommendation of someone in your price range. Q. Can I get a divorce without a lawyer? A. Yes, you and your spouse can agree on the details of your settlement with the help of a third-party neutral — a mediator. You might want to retain an attorney to review the agreement before presenting it to the court for approval. Q. Is there a book about divorce that might help me? A. You might read Divorce Texas Style by Vanden Eykel or The Divorce Handbook: Everything You Need to Know by Paula James. These books are aimed at helping guide couples through the divorce process. Each couple is different, and these books may help you decide if you are a candidate for self-representation. Q. What is the procedure for divorce in Texas? A. A divorce can be granted at any time during the following process: One party files a petition for divorce with the court, and the other party has the option of either filing an answer, waiving the right file an answer, or filing a cross-petition for divorce. It will take 60 days or longer for your case to be heard. You will be given a court date by the judge. Since court dockets are so crowded, many people choose mediation to settle their divorce without going to court. After you reach settlement, you must appear before a judge and answer some basic questions before your divorce can be granted. Text Box:

Suzanne Duvall
Text Box: One of America’s Most Respected Family Attorney-Mediators (click on her photo for a complete biography)

Bayly Burr

An Accomplished Facilitator of the Family Mediation Process
Text Box: Q. How soon will the divorce take effect? Can I shorten the process? A. This depends largely on the couple and how amicable the divorce will be. If you have difficult issues and are inflexible, the process will be longer. The more you can agree upon, the sooner the divorce will be final and the less it will cost. It also depends upon the schedule of the court, whether you retain a lawyer or use a mediator. Mediation can shorten the process considerably; otherwise it can take weeks, months, even years. Q. Are my spouse and I good candidates for mediation? A. If your case is going to take more than one-half day in court or if there are child custody issues, the court will order you to mediation. Unless there are serious domestic violence issues (police involvement, threats against life, etc.), you may be a good candidate for mediation. Sometimes letting some time pass between filing for divorce and mediation can help calm emotions and make the mediation process go more smoothly and effectively. Q. If my spouse and I aren’t speaking can we still mediate our divorce? A. Yes. However, this may be the time that you should consult an attorney to represent your best interest before you mediate. Q. If you and your lawyer are settlement-minded, is there any reason to use a mediator? A. Yes. Both lawyers may not necessarily be neutral towards settlement. The mediator is a neutral third party who sees things impartially and can facilitate resolution for both parties.

Family Law

Suzanne Mann Duvall is one of the most respected and honored family mediators in the nation.  She has been helping people resolve sensitive family matters — divorce, custody, support, property, trust and estate issues — for more than 25 years. 

 

Suzanne is the first choice of the Texas legal community to mediate the most difficult, complex cases.

Burdin Mediations 4514 Cole Ave., Ste. 1450, Dallas, TX 75205   214-528-1411  fax 214-528-2070   email kb@burdin-adr.com
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Bayly Burr works closely with Suzanne to arrange for a smooth and stress-free mediation. From the first telephone call to Burdin Mediations to the conclusion of the mediation, Bayly guides the process with her special brand of kindness and competence.

To make arrangements for a family mediation, call Bayly at 214-528-1411 or email her at kiley@burdin-adr.com

Q. Who does better at mediation? Women or men?  How can I keep from being "ripped off?"

A. Research shows both do equally well. In this process you may negotiate a settlement in a way that is fair to both parties. Many judges say the parties do a better job than the judge can do.

Q.   Can one lawyer represent both parties?

A. No. That would be a conflict of interest. To file your divorce each party should have an attorney, or appear "pro se" (representing oneself). In mediation, the mediator cannot give legal advice to either party. If you choose to represent yourself, be sure to become familiar with Texas family law.

Q. What do I need to bring to mediation?

A. Bring all documentation on your property, income tax returns, 401K, mortgage, retirement, debts (credit cards, cars, etc.), and retirement plans from previous jobs.

Q.  My ex isn't complying with the provisions of the divorce decree. What are my options?

A. You will need to have an attorney file a contempt motion against your former spouse and take it up with the court. For information, call the Dallas Bar Association at 214-220-7444.

Q. Where can we find a good mediator?

A.  Call Burdin Mediations at 214-528-1411 and ask for Bayly Burr.