How Does Divorce Mediation Work in Texas?

Texas divorce mediation is widely used and highly effective. Under the Texas Family Code, the court may refer a divorce case to mediation at any time, and most district courts with family law jurisdiction require mediation before trial. The mediator helps the parties negotiate the terms of their divorce, including division of community property (Texas is a community property state under Family Code §3.002), spousal maintenance under §8.051, child custody (conservatorship) and possession schedules under §153.001 et seq., and child support calculated under the child support guidelines in §154.125. Texas uses the term 'conservatorship' rather than 'custody' — the standard is joint managing conservatorship (JMC) with one parent designated as the primary conservatorship, unless the court finds that JMC is not in the best interest of the child. The Texas Standard Possession Order (SPO) under §153.312 provides a default possession schedule that many mediators use as a starting point. A mediated settlement agreement (MSA) in a Texas divorce is binding and irrevocable once signed — under Family Code §6.602, a party may not repudiate an MSA, and the court is required to render judgment on the MSA unless it was procured by fraud, duress, coercion, or other dishonest means.