The Challenges of Divorce Mediation

Recently, a Dallas man filed for divorce. While this may seem commonplace, it wasn’t because this man was married to another man. The couple was married in Massachusetts and was finding that it was going to be a hard road in trying to obtain a divorce in Texas.
The court in Texas refused to hear the case and Attorney General Greg Abbot said that because Texas law prohibits same-sex marriages and civil unions, the man could not seek a divorce in Texas as Texas does not recognize the union to begin with.

The men were married in Cambridge, Massachusetts, in 2006 in happier times. Now they live in Texas, and they cannot obtain a divorce in Massachusetts unless one of them establishes residency in that state. However, now, their attorney has vowed to argue that Texas has to grant them a divorce as the Constitution states that states have to recognize contracts made in other states.

This is not the first case of its kind. A Rhode Island couple was denied a divorce for the same reason as this Texas couple. However, a same-sex couple in Iowa were successful in obtaining their divorce.

Nevertheless, for those who are not in same-sex marriages, an alternative to a straight judge ordered divorce in Houston is a mandatory divorce mediation. However, there are some instances where divorce mediation may not be an option and a Houston divorce lawyer can best let you know exactly what you options are in a divorce proceeding.

When to use Family Mediation in Houston

Mediation can be used for divorce proceedings in order to resolve any issues that may be ongoing in a divorce dispute or an issue that may arise out of a marital settlement agreement. Nevertheless, divorce mediation is not always an option and a Houston divorce attorney can guide you through the process of divorce mediation or the alternatives.

The following situations will preclude from a mediation to take place in a divorce proceeding:

• History of abuse such as domestic abuse or abuse of a child
• History of allegations of abuse
• Evidence of abuse in a child custody or visitation situation
• Imbalance of power between the parties

Houston divorce attorneys from a Houston law firm can help you navigate the mediation route and make sure that all your rights are upheld if mediation is not possible due to your situation.

If you have a family law matter, contact Houston family lawyer John K. Grubb at his office in Houston, Texas. He serves all communities throughout Houston, Texas, including Harris, Fort Bend, Montgomery, and Brazoria counties.