Fort Worth Litigation Alternatives Attorney

Navigating the Emotional and Legal Terrain of Divorce CasesIf you are facing a divorce – or any kind of family law concern – you and your divorcing spouse will need to either resolve the matter between yourselves or will need the court to litigate the matter for you. Generally, it’s far considered preferable to maintain decision-making authority between yourselves, which makes exploring litigation alternatives a worthy pursuit. Discuss your case with an experienced Fort Worth litigation alternatives attorney today.

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Resolving the Terms of Divorce

No two divorces are ever resolved in exactly the same manner, but every divorcing couple must address the same primary terms of the divorce that apply, including:

If any of these are unresolved, you’ll need to either find a way to reach an agreement with your divorcing spouse or you’ll need the court to decide the matter for you.

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We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

Litigation Alternatives

Fortunately, there are several alternatives that can help you keep your divorce out of court.

Back and Forth Negotiations

You and your spouse – along with your respective litigation alternatives attorneys – can engage in as much negotiating as you need to. If you and your soon-to-be ex aren’t able to negotiate directly with one another, you can rely on your attorneys to do the negotiating on behalf of each of you. Those who get the farthest with basic negotiations tend to share traits like the following:

  • The spouses are not too far apart in terms of how they want things to be resolved.
  • Both spouses are prepared to compromise.
  • Both spouses are well aware of their divorce priorities, which can afford them greater leverage and more space to compromise.
  • The spouses are not addressing highly complicated factors, such as high assets or business ownership.
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Collaborative Divorce

If you and your spouse have some serious terms to hammer out between you but you are both committed to keeping the matter out of court, to engaging in serious negotiations, and to compromising fairly, a collaborative divorce may be a good option. In a collaborative divorce, all the following apply:

  • Both parties must commit to the process.
  • Each party must have its own legal representation.
  • The collaborative divorce process involves a team of professionals who help move things forward.
  • The team includes professionals who are neutral third parties, and they can include a financial professional for addressing the financial component, a mental health professional for helping to cut through the emotions, a child specialist for addressing the children’s best interests, and an appraiser for addressing high-value assets – depending on the couple’s needs.
  • The results of the collaborative process – if successful – are legally binding.
  • If either party – or both – decides to shut down the collaborative process at any point, each needs to find new legal counsel, and negotiations will begin anew.

Collaborative divorce serves many important purposes. To begin, it helps to keep private matters private. It also allows the involved parties to guide the process – with the support of professionals who help them make well-considered decisions along the way. Generally, collaborative divorce is considerably less expensive and less time-consuming than litigating the matter in court.

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Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

Mediation

Mediation is a focused attempt to resolve all remaining divorce terms in a structured setting that is far less formal than court. The basics include:

  • Each spouse and their respective attorneys – as well as a professional mediator who serves as a neutral third party – are in attendance.
  • The mediator goes back and forth between each spouse – helping both sides understand how their divorce would likely be resolved if it went to court and letting each side know where the other stands on the issue currently being addressed.
  • The mediator helps the couple reduce the distance between their positions and find space for compromises that they’re both willing to sign off on.
  • If the couple reaches a mutually acceptable agreement that they’re willing to sign off on, the mediated terms become legally binding. If they are not able to do so, however, the court is generally the next stop.

Seek the Legal Guidance of an Experienced Fort Worth Litigation Alternatives Attorney

Most divorcing couples are invested in keeping their divorces out of court. While there are many reasons for doing so, including expense, stress, and time constraints, the primary concern is retaining the authority to make important decisions on one’s own behalf. Alternatives can save resources and speed up the process in many situations.

The trusted Fort Worth litigation alternatives attorneys at Mims Ballew Hollingsworth | Fort Worth Family Law recognize how important it is for you to resolve the terms of your divorce outside of court – while protecting your financial and parental rights – and we have the experience, legal insight, and focus to help you do just that. Learn more about what we can do for you by contacting us today.

Client Reviews

What our clients are saying about us

Kam J.

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Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

Litigation Alternatives Lawyers Near Me

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    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

    Loyd Camp
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    Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

    Donna DeTomaso
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    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

    William Hawthorne
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    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

    C Grucza
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    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

    Dante Martinez
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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

    Autumn Colson
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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

    James Homerstad
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    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

    Heather Varon
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    Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

    Misty Benson
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    Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

    Phuc Lam
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

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