Finding Alternatives to Texas Family Court Adjudication in Divorce
If the parties to a divorce cannot settle their differences through negotiation or mediation, they will usually find themselves in court to present the evidence and arguments necessary to resolve the dispute.
In Texas, either party can request that a jury decide the custody of children, the character of property, or the value of a business. For many people, however, a hearing before a family court or district court judge will not be the best way to resolve a dispute.
To learn about all of the ways a divorce or family law issue can be resolved in Texas, contact the family law firm of McCurley Orsinger McCurley Nelson & Downing in Dallas-Fort Worth or San Antonio. As one of the state's largest firms devoted exclusively to family law, our attorneys are thoroughly familiar with each of the different ways a contested issue can be decided, including private arbitration of divorce disputes.
In its essence, arbitration is the private adjudication of disputed matters of fact and law that would otherwise be resolved in court. Cases are usually referred to arbitration either by contract (as in a prenuptial agreement) or by agreement of the parties after the petition for divorce is filed and served. The arbitrator is empowered to hear evidence, find facts, and, frequently, render binding decisions.
Although arbitration resembles the civil trial process in several respects, it is not often used in divorce and family law. After all, if you're going to present evidence and witnesses before a fact finder authorized to determine your case, why not just stay in family court? For many people, however, the following features of arbitration can make the procedure especially attractive:
- Arbitration proceedings occur in private and not in open court.
- Arbitration can be scheduled at the convenience of the parties rather than under the constraints of a crowded court docket.
- Depending on the issues, an arbitrator might have a better appreciation for the issues in your case than a district court judge.
Arbitration is not for everybody. The procedure makes best sense for divorcing parties with important confidentiality interests to protect, complex property division issues, or highly contentious child custody problems. Every case is unique, and our attorneys can help you determine whether this procedure will be the right choice for your situation.
Texas Divorce Arbitration Lawyers: Call 877-562-6504
To learn more about your options for arbitration or private adjudication in a Texas divorce case, contact the McCurley Orsinger law firm in Dallas or San Antonio.
