Divorce Attorney

A surfer writes:

What can happen if one party in the divorce has an attorney,and the other does not and they are coming their to get thing worked out for the two year old child?And what can happen if nothing gets worked out before they go to court?

Kris Responds:

Well, what can happen is one party can feel a possible disadvantage if there are two people on one side of the table (one with legal expertise) keeping the table from feeling balanced or fair. What also can happen is two people work out an agreement with or without attorneys at the table. Our preference is that either you both have them; or neither have them at the mediation. We also prefer, if there are children or property involved, that the agreement be looked over by a family attorney if possible. If nothing gets worked out at the mediation, then the judge will order an “agreement” for you based on his/her judgement and knowledge of the Texas Family Code. This agreement may or may not best reflect your own individual interests in regard to your child, however, it will be binding until some modification is filed by a representative of either you or the ex.

I hope that you and your ex are able to come to some sort of understanding before that is necessary for the sake of your own best interests as well as those of your child.

Sincerely,

Kris