Mediating Divorce With One Lawyer

Mediating Divorce With One Lawyer

Mediating Divorce With One Lawyer

At McNamara Law Office, PLLC we offer mediation unlike that conducted by most lawyers. When spouses cannot agree how to divide their estate or what to do with children, we offer mediation before a divorce is filed without requiring each spouse to have a lawyer.

A Simpler Alternative to Typical Mediation

Mediations in Texas usually require each spouse have their own lawyer and each pay half the cost of the mediator. A mediator is a neutral person who helps facilitate agreement. But we offer a simpler option.

Pay for One Lawyer Not Two

When both spouses agree to the process, a lawyer may help as a mediator and not represent either. At McNamara Law Office, PLLC we work with the spouses to reach agreement without court and without the cost of two lawyers and a mediator.

A Collaborative Approach

Texas mediations are usually attended by both parties, two lawyers and a mediator and take about a day. It is usually conducted during litigation and after the lawyers have time to prepare, so a day is enough. The process employed by McNamara Law Office, PLLC involves aspects of collaborative law. We meet with the parties as often as necessary to reach agreement.

Moves at Your Pace

Sometimes, when people are closer to agreement than they realize, everything is resolved in one meeting. Other times, it takes several conferences, with material being acquired or considered between meetings. An initial meeting can plan the steps and determine what’s needed. The next meeting might be about specific items of property, debt, or the children. We work until it’s done.

Advice & Suggestions From a Family Law Attorney

We are neutral in mediation and offer advice about the law and suggest ways to resolve disagreements without taking sides. We put a spreadsheet of assets and debts on a large conference room screen so all can see various scenarios. We can also examine documents together, such as statements, bills, etc. As we work on the agreement, all see it so it’s understood and questions are answered. We also make memos of what’s needed for the next meeting and print or email them to each spouse.

The Initial Situation When Mediation Starts

Sometimes, the first meeting is to get the temporary situation under control and resolve where each will live, how bills will be paid, and when each parent will see the children.

Preparing for Mediation

At an initial consultation, the lawyer will outline what is necessary. Generally, gather all statements and books to show your complete financial picture, including recent W-2s, 1099s, retirement & financial statements, debts, real estate, business interests, investments, etc.

If children are involved, the lawyer will tell you what’s necessary after discussing the issues and options.

Finalizing the Divorce

As part of the agreement, the spouses decide who will file the divorce. If all agree, McNamara Law Office, PLLC will file and finalize it with a divorce decree that complies with the agreement. If a party reneges, or the agreement falls apart, a divorce already filed will be dismissed and each party must find a new lawyer. After meeting with both parties, McNamara Law Office, PLLC may not represent either. Assuming each party signs the agreed divorce decree, we can finalize it amicably and for less than two competing lawyers.

Is Mediation Right for You?

When the spouses agree to pre-suit mediation, we sign an agreement that McNamara Law Office represents neither spouse and will help mediate an agreement. To discover if mediation is appropriate, schedule a consultation. If both spouses attend, our lawyers cannot represent either of them if mediation is not chosen. If one attends alone, we can represent that person in a traditional divorce. We can still mediate when only one spouse attends the initial consultation. The initial conference will be disclosed to the other spouse before the mediation agreement is signed. If unsure, schedule a consult alone and discuss the options with one of our lawyers.

Pre-Suit Mediation Is Enforceable

In 2019 The Texas Supreme Court held that mediation before a divorce is filed is enforceable. A mediated settlement agreement under this process will comply with the supreme court’s requirements to make it binding, enforceable and irrevocable, simplifying a divorce.



Geographical Areas Served:

Kingwood, Huffman, Lake Houston, Atascocita, Humble, Oakhurst, Walden, Walden Woods, Walden on Lake Houston, East FM 1960, The Woodlands, Fall Creek, Eagle Springs, Lakeshore, Silverlake, Redstone, Summerwood, Eagle Lake, West Lake Houston Parkway, The Heights, Greater Heights, Houston Heights, Downtown Houston, Memorial, Allen Parkway, Montrose, Houston Neartown, Houston Midtown and East Montgomery County.

Google Reviews
McNamara Law Office, PLLC
4.8
Based on 36 reviews
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Steve KokotasSteve Kokotas

02:01 06 Aug 24
High integrity, smart, and hard working. You want Brian McNamara on your side.

Macie SheppardMacie Sheppard

14:43 05 Aug 24
I cannot express enough how grateful I am for the incredible support and guidance I received from McNamara Law Office. They truly care about their clients and go above and beyond to achieve the best outcomes! Highly recommend!

Stephen SpeesStephen Spees

18:34 13 May 24
Brian, Amanda, and Renee provided excellent guidance and legal support when it was most needed. I highly recommend their timely and professional services.

Lele ShahimLele Shahim

17:37 09 May 24
I wanted to take a moment to express my gratitude for your exceptional work. Your dedication and efficiency have not gone unnoticed, and I truly appreciate your commitment to excellence. Thank you for consistently delivering quality results in such a timely manner!! Mr. McNamara finished my paperwork in 2 days and I appreciate all the support I got from everyone in the office!! Thank you All !!

Karen QuinnKaren Quinn

22:10 25 Apr 24
McNamara Law Office is exceptional andincredibly attentive and detail-oriented, making sure every aspect of my case was thoroughly addressed. Their professionalism and dedication to my case were outstanding, and I felt supported and well taken care of throughout the entire process. I am grateful for their expertise and would not hesitate to turn to them for future legal matters.

Cathy QuinnCathy Quinn

14:05 24 Apr 24
An amazing, knowledgeable and professional team. I highly recommend McNamara Law Office.

Douglas JonesDouglas Jones

01:18 24 Apr 24
These people are amazing. They are helping my family through the worst event of our lives and I really couldn’t ask for a higher degree of professionalism and care. They are razor sharp and completely transparent about cost as much as possible.They are not cheap and there are no guarantees but I believe they are absolutely worth it.You get what you pay for.

Christan SetterboChristan Setterbo

14:04 29 Jun 23
Aaron has helped guide us through one of the most trying and difficult times in my family’s life. Throughout this entire journey Aaron has remained realistic, professional, and has truly cared about our families needs. Aaron was able to help us settle our case in mediation while giving us peace of mind. The professionalism and organization of The McNamara Law Firm was superb! Paralegal J. Gama always held her self in a professional, courteous and educated manner. We are truly grateful for their help and guidance. We will definitely choose Aaron again should we need to seek legal counsel in the future.

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