Divorce Arbitration in Texas

How Divorce Arbitration Works in Texas

Arbitration doesn’t happen automatically, and a Texas court can’t require you to use it. It begins with a mutual decision, then follows a clearly defined legal process.

• Step one: Both spouses sign a written agreement to arbitrate under Texas Family Code 6.601. Arbitration is entirely voluntary, so the process only begins once both parties agree.
• Step two: The agreement states whether the arbitration will be binding or non-binding. With binding arbitration, the court enters an order reflecting the arbitrator’s award. With non-binding arbitration, the arbitrator issues a recommendation that either spouse may reject.
• Step three: The arbitrator hears the case in private before issuing an award, which the court can then enter as an enforceable order. Appeals are available only in limited circumstances, such as fraud, corruption, misconduct, or where the arbitrator exceeded their authority. In practice, binding awards are intended to bring certainty, so clients across Austin, San Antonio, and Plano can work with a credentialed arbitrator near them.

One Texas-specific point is especially important. When children are involved, custody and conservatorship decisions remain subject to the court’s review of the child’s best interests under Texas Family Code 153.0071, even if the arbitration is binding. Property division is generally final once decided through arbitration, but custody matters are treated differently because the court retains an ongoing responsibility to protect the child’s welfare. Understanding that distinction can help you make informed decisions about which issues are best suited to arbitration.

Arbitration vs Mediation, Collaborative Divorce, and Litigation

Arbitration is one of four common paths through a Texas divorce, and each one hands control to a different place. Here’s how they compare side by side:

If you’re weighing arbitration against mediation in particular, our divorce arbitration vs. mediation guide explores those differences in more detail. You can also read more about divorce mediation, Collaborative Divorce, and litigated divorce as alternative paths.

Is Divorce Arbitration Right For You?

There’s no single answer, because every family arrives at divorce with different priorities, pressures, and circumstances.

Arbitration can be a strong fit when privacy matters, complex finances are involved, or you want a final decision on a predictable timetable instead of waiting on the court’s calendar. Many couples also value being able to choose a decision-maker with experience relevant to the issues in their case.

It may be less appropriate where family violence or a significant power imbalance is present, or where court disclosure and discovery tools are needed to obtain information one spouse is unwilling to provide. And if children are involved, arbitration does not remove the court’s oversight. Any custody or conservatorship arrangements remain subject to the best-interest review under Texas Family Code 153.0071.

It also helps to set aside the idea that family law produces “winners” and “losers.” In most cases, the goal is not victory but resolution. An arbitrator’s role is to reach a binding decision that resolves the issues before them, giving everyone clarity on how to move forward.

If you’re still unsure whether arbitration is the right path for your situation, talking it through with a GBA attorney is a sensible next step.

Why High-Net-Worth Couples Choose Private Arbitration

When substantial assets are involved, the questions become more complex, and privacy often becomes more valuable.

Business valuations, executive compensation, ownership interests, and investment portfolios are matters many people would prefer to keep out of the public record. Arbitration offers that confidentiality. It also allows you and your spouse to choose an arbitrator with experience handling sophisticated financial structures, rather than relying on whichever judge is assigned to your case.

The nature of the assets involved can make a greater case for the need for private arbitration.

A GBA arbitrator brings experience with these kinds of financial matters, alongside a constructive, private approach to helping families reach a resolution.

Meet GBA Family Law’s Divorce Arbitrators

Choosing arbitration means placing an important decision in someone else’s hands. It’s understandable to want confidence that the person guiding that process brings not just legal knowledge, but recognized experience in family law arbitration.

GBA Family Law has attorneys credentialed specifically as arbitrators — the attorneys below hold that distinction.

Two credentials are worth distinguishing because they reflect different levels of recognition. An AAML Fellow is a member of the American Academy of Matrimonial Lawyers. An AAML Certified Arbitrator has gone a step further, earning the Academy’s arbitration-specific credential in addition to that membership. The attorneys below hold one or both of these credentials.

Kristal Thomson – San Antonio. AAML Certified Arbitrator (2026), Past President of the AAML Texas Chapter, and Past Chair of the State Bar Family Law Section. Board Certified in Family Law by the Texas Board of Legal Specialization. 

John J. Kappel – Plano. AAML Certified Arbitrator (2026), Board Certified in Family Law and Civil Appellate Law by the Texas Board of Legal Specialization. 

Eric Robertson – Austin. AAML Certified Arbitrator (2018), Board Certified in Family Law by the Texas Board of Legal Specialization, and Past President of the AAML Texas Chapter. Recognized in the 2025 and 2026 editions of Best Lawyers in America – Family Law Arbitration. 

Thomas L. Ausley – Austin. AAML Fellow, Board Certified in Family Law by the Texas Board of Legal Specialization, and a 2026 Best Lawyers in America honoree for Family Law Arbitration. 

Together, these attorneys represent GBA’s AAML Certified Arbitrators, giving clients coverage across Austin, San Antonio, and Plano. However, arbitration support at GBA isn’t limited to those locations. We work with clients on arbitration across all our Texas offices, and every case draws on the collective experience of the firm rather than a single office or attorney.

Why Choose Goranson Bain Ausley for Divorce Arbitration

Arbitration works best when the person deciding your case genuinely understands the issues they’re being asked to resolve. That’s one reason GBA Family Law’s depth matters. With four AAML Certified Arbitrators across Austin, San Antonio, and Plano, clients can often work with a credentialed arbitrator close to home rather than relying on a single flagship office.

That depth of experience reflects something broader about how the firm approaches family disputes. Wherever it’s the right fit, GBA helps clients pursue a constructive, private path instead of a prolonged public courtroom process. Arbitration supports that same goal, providing a structured process that can resolve difficult issues with greater privacy and certainty.

Just as importantly, that approach is backed by deep technical expertise. GBA’s board-certified specialists, including attorneys certified in Civil Appellate Law, bring the careful legal analysis needed to support well-reasoned arbitration awards built to withstand scrutiny.

If a private, binding resolution feels like the right direction for your family, a GBA attorney can help you understand whether arbitration is the best way to get there.

Learn more about our approach and why GBA may be the right fit.

Schedule a Consultation with One of Our Divorce Arbitrators

If you’re considering whether arbitration is right for your situation, speaking with a GBA attorney is the clearest place to start. You’ll have the opportunity to understand your options, ask questions, and discuss what the next steps could look like. Representation begins once the scope of work and retainer are agreed.