Legal Question in Family Law in Texas

Re: forced property division

You do not say whether you have filed for divorce in Arizona or Texas, but the answers to your question will depend in part upon the law of the state where you've filed. In Arizona (where I am located), you can get a "trial date" and use it to have the judge decide only those issues that remain unresolved. When that happens, you present your written agreement to the judge and you also present the remaining issues to the judge. The judge will review the agreement for propriety, and he or she will also make a determination for you on the issues that you cannot agree upon. Although it takes awhile to go through the process from filing to court date, one spouse cannot forestall the divorce forever. When the court date arrives, that's it!

You asked how much all this costs. Depending upon the complexity of your situation, you can attempt to do this without a lawyer, which will reduce your costs. In Arizona, there is a "self-help" center at the courthouse where you can get how-to information. If you prefer the help of a lawyer, call a couple of lawyers and ask about fees. Since you have done much of the work yourself, you will have saved yourself some money. Finally, mediation and/or arbitration are somewhere between a lawyer and self-help in cost. Mediation provides an opportunity for two people to do creative problem solving for tough issues, with the help of a neutral communication facilitator. Arbitration is somewhat like a court proceeding, although more informal. To read more about mediation and arbitration in divorce situations, you may wish to take a look at my web site, www.yesmediation.com. I am a mediator, and would be happy to answer any questions personally (my contact information is below), or I would be happy to refer you to lawyers in Arizona, if you'd like to consult with someone and aren't sure who to turn to.

Re: forced property division

Most Texas courts will now require parties to attend some type of alternative dispute resolution prior to presenting contested matters to the Judge. Most family courts will send these cases to mediation. However, I am not aware of the procedure if both spouses are without an attorney. It may also depend on whether you or your wife filed for the divorce.