Divorce and Custody Mediation FAQ
Ashten Gallagher Ed.D., LCSW-S is a mediator, NOT an attorney, and no information presented shall be taken as legal advice.
-
While not always legally mandatory for every divorce case, many Texas judges will strongly encourage or even order divorcing parties to attend mediation before they will set a final trial. This is because mediation is often a more efficient and less adversarial way to resolve disputes, especially when children are involved.
In my experience (this is not legal advice), judges in Texas often will order and require mediation prior to getting a court date.
-
at CG Counseling, I provide ONLY virtual mediation services of you are pro se (no lawyers) , however mediation can be done in person if one or both parties have an attorney and an attorney is willing to host the mediation. I can come to your location.
-
Almost all divorce-related issues can be resolved through mediation, including:
Child custody (conservatorship, possession, and access)
Child support and medical support
Division of community property (assets and debts)
Spousal maintenance (alimony)
Development of a parenting plan
-
While you are not required to have an attorney present during the mediation session itself, it is highly recommended that you consult with your own independent attorney before mediation to understand your rights and options. You are also welcome to have your attorney present DURING mediation which is recommended.
At the bottom of this page there is a resource for these seeking to do a DIY (pro se) divorce.
-
If you and your spouse reach a full or partial agreement during mediation, the mediator will help draft a document called a "Mediated Settlement Agreement" (MSA). Once signed by both parties and their attorneys (if represented), this MSA is a binding contract and becomes an enforceable document. It is then presented to the court, and a judge will typically incorporate its terms into your final divorce decree.
-
If you are unable to reach a full agreement during mediation, the process simply ends. The case then proceeds through the traditional court system, and a judge will make the final decisions on any unresolved issues. However, even partial agreements can significantly narrow down the issues that a judge needs to decide, saving time and money.
-
The length of divorce mediation can vary greatly depending on the complexity of the issues, the willingness of the parties to compromise, and how many issues need to be resolved. Some mediations can conclude in a single half-day or full-day session, while others might require multiple sessions spread out over weeks.
-
Yes, with very few exceptions, everything discussed during a mediation session is confidential and cannot be used against either party in court if an agreement is not reached. This confidentiality encourages open and honest communication.
-
I charge 1200 dollars for a four hour mediation session, which amounts to 300 per hour. Split between both parties, this is 600 dollars per party. If we require an extension, I charge another 600 per party for another four hour block.
Mediation CANNOT be scheduled before the payment has been made. Once both parties have paid, we can schedule mediation. Mediation will take a break if we extend for another four hours, and I will charge before we continue. If parties are unable to pay for another four hours, we may have to conclude mediation without settlement.
-
I offer sliding scale and discounts for veterans and active duty families. Please reach out for more information about these options.
As a social worker, I am a believer in providing resources. This resource is not legal advice, however it is for you to use as you see fit