Trial or Settlement: Step 4 in The Divorce Proceeding

Trial or Settlement

Not all divorce cases go to trial.  First, after pretrial discovery is over, the spouses will probably be ordered to go on to mediation.  Mediation is a procedure where the parties and their attorneys meets with a neutral thrid-party (usually an experienced family lawyer) to try and negotiate a settlement.  The vast majority of all family law cases are settled prior to trial.

If settlement is not possible, the case will go to a judge or jury.  Either party has the right to request a jury trial on certain issues designated by the Texas Family Code.

Texas is the only state that continues to allow jury trials to determine child custody.  A jury trial may also be held on other issues like character and value of marital property.  The Texas Family Code requires other issues such as a just and right division of the community estate, the possession schedule for children and child support to be determined by the judge.  If a jury is not requested or allowed, then the judge decides all contested issues.

 

Excerpted from my book, "Basics of Texas Divorce Law"

Relief for Divorce-Related Stress

 

Meditate away your stress

The practice of meditation offers peace, serenity, and calm -- a welcome respite from the turbulent emotions of divorce.
By Diana Shepherd

Posted by Michelle May O'Neil on June 6, 2011

How do you beat divorce-related-stress? Many people try "treat" behaviors: smoking, drinking, taking drugs (prescription or "recreational"), eating a carton of chocolate ice-cream -- whatever gives them feelings of pleasure and well-being. Unfortunately, all of these are band-aid solutions: they temporarily ameliorate some of the symptoms without addressing the root of the problem.

Here's a better solution: consider practicing meditation on a regular basis (daily is best). Anyone can practice meditation; you don't have to be on a path to spiritual enlightenment or have any religious beliefs. "Thinking you're unable to meditate is a little like thinking you are unable to breathe, or to concentrate or relax," notes scientist, writer, and meditation teacher Jon Kabat-Zinn, Ph.D. in Everywhere You Go, There You Are. "Pretty much everybody can breathe easily. And under the right circumstances, pretty much anybody can concentrate, anybody can relax."

There are as many types of meditation as there are colors in a rainbow. You can meditate while seated, standing, lying down, dancing, singing, eyes open or shut, listening to music, brushing your teeth, eating -- the list goes on.

Mindfulness Meditation

"Mindfulness provides a simple but powerful route for getting ourselves unstuck, back in touch with our own wisdom and vitality," claims Kabat-Zinn. "The key to this path...is an appreciation for the present moment." Too often, we ignore our present: immersing ourselves in regrets about the past or fears about the future. This is never more true than while going through a life-changing experience such as divorce. So now more than ever, you need to learn to bring yourself back into the present, to quiet and unclutter your mind.

The following meditation can help you to maintain your balance, offering a calm clarity even in very stressful situations. At first, you'll need a quiet space free from distraction to practice mindfulness meditation. Eventually, as you build these mental muscles, you'll be able to bring yourself back into the present moment and quiet your mind anywhere, anytime.

Sit comfortably, your spine reasonably straight but not ramrod stiff, and close your eyes.

Focus your attention on your breathing.

From time to time, you'll become aware of emotions, thoughts, sounds, smells, or physical sensations that break your concentration. Acknowledge they are there, then let them drift past like a cloud -- without passing judgment or getting emotionally or mentally involved with them. Bring your attention back to your breathing and continue the meditation.

If you're struggling with intrusive thoughts, try counting your breaths. Think: "One inhale, one exhale. Two inhale, two exhale," and so on up to 10 or 20. Then start again at one.

Here's another exercise that can help you beat stress. Dirgha Pranayama is called the "three-part breath" because you're actively breathing into three parts of your abdomen. The first position is the lower belly (between the pubic bone and the belly button), the second is the upper belly (between the belly button and the bottom of the ribcage), and the third is the chest (the ribcage). Here's how to do it:

  • Sit with a straight back, consciously relax your body, and let go of thoughts and worries by focussing on your breathing.
  • Breathe slowly and steadily, in and out through the nose and into the belly.
  • Inhale slowly into the first position, then into the second, then into the third; then exhale in reverse: third, second, first positions. Rest your hands on the first two positions to feel your belly rising and falling.

Guided meditation can also be very helpful, especially when you're just starting out. Consider taking a regular class, or listening to a tape or CD at home. Try Susie Mantell's award-winning relaxation audio, Your Present: A Half-Hour of Peace or one of Dr. Kabat-Zinn's "Mindfulness Meditation Practice" CDs.


For more articles on meditation, visit http://www.divorcemag.com/articles/Meditation