In Lakeway and other communities throughout Travis County, spouses are turning to divorce arbitration in larger and larger numbers. Many divorcing couples note that their preference for a quicker, cheaper, and more private experience led them to choose the alternative to divorce litigation. If you would like to learn some of the benefits divorce arbitration could bring to your matter, please continue reading below to discover why so many are opting for this alternative to traditional divorce litigation.
Arbitration is a form of Alternative Dispute Resolution (“ADR”). Texas law has provided Texans with methods of dispute resolution that depart from the traditional litigation avenues. Lakeway divorce arbitration is a voluntary process which is governed by the Texas Rules of Civil Procedure.
In an arbitration proceeding, a neutral, third-party (the arbitrator) will hear the arguments and examine the evidence put forth by both parties. Arbitrators are well-qualified individuals, who often have extensive experience in family law as either a former judge or family law attorney. After careful consideration, the arbitrator will make a final decision, to which both parties will be legally bound. Readers familiar with mediation will notice that both methods of ADR employ a neutral, third party to help resolve the dispute. If you are unfamiliar with mediation, please consult our brief overview of that ADR method here.
We briefly mentioned above that divorce arbitration must be voluntarily agreed to by both parties. The choice to arbitrate can be made at various times during a dispute, or even before a dispute arises. Some couples choose include provisions that require arbitration to resolve future disputes in their premarital or postnuptial agreements. (Please follow these links if you would like to learn more about premarital or postnuptial agreements). Couples can even provide stipulations for which kind of disputes must be arbitrated. For example, past clients have included provisions in their premarital agreements that require any disagreements regarding the family pet must be resolved through arbitration.
Though divorce arbitration certainly has many distinct benefits, this method of ADR may not be the best choice for every couple. Continue reading to learn about which circumstances arbitration can produce the most benefits for divorcing couples.
As we mentioned earlier, the arbitrator is an impartial, third-party individual. Both parties must agree to a single arbitrator. For couples in Lakeway, this person will generally be a retired family law judge or noteworthy Lakeway family law attorney. Arbitrators are knowledgeable of the law and specially trained in different dispute resolution techniques.
Note: Whether arbitration is the best choice is determined by the specific facts and circumstances of each party’s situation. With that in mind, some of the most significant benefits of divorce arbitration include:
If you would like to discuss the benefits of arbitration in your matter, please contact our offices at (512) 746-7399 to speak with one of our experienced Lakeway lawyers today.