The State of Texas has an official policy to promote amicable “no-fault” divorce settlements, especially when there are issues regarding children at play. Upon agreement of the two involved spouses or at the decision of the court, the divorce proceeding may be submitted to mediation.
A mediated settlement of a divorce case is binding if both spouses sign (as well as any attorneys that may have been retained). Referring to the settlement as binding means that the agreement may not be revoked. As part of such an arrangement, the court may order the spouses to consult with a marriage counselor. If there is a report that expects reconciliation, further counseling may be requested before divorce without a lawyer can be completed. When any divorce is filed, the court clerk must provide a statement to the filer with information about the availability of marriage counseling. It may be ordered by the court if there has been any history of conflict, abuse or difficulties in resolving custody or access to children.