Legal Question in Family Law in Texas

Re: Divorce Mediation

With regard to your questions:

1. You will need to speak with your mortgage lender to see if they will allow your husband to be removed from the note. It's not like to happen however, as it is in their interest to have two people (and their assets and incomes) to go after in case of a default on the loan. I usually suggest to my clients that they refinance if they are not going to sell the home.

2. The court will make a child support decision based upon the standard of the best interest of the children. The child support guidelines are presumed to be in the children's best interest, however in my experience most judges will accept a reasonable agreed amount if you can articulate a good reason from deviating for the guidelines.

3. Mediation is a tool for reaching an agreement on terms of the divorce; it is not necessary if you are already in agreement. That being said, it is extremely unwise to do a divorce without an attorney when there are children and real property involved. Attorney fees are very reasonable in agreed divorce cases; the expense arises when the parties cannot agree and insist on litigating.