Divorce

Will Your Divorce Case Go to Trial?

Posted by brian on February 10, 2020
Divorce Lawyer in Cedar Park Texas

The Centers for Disease Control (CDC)  reports 2.2 divorces per 1,000 marriages in Texas in 2017. The majority of these divorces are handled without going to trial. While going to trial is always a possibility, most divorces will settle outside of a courtroom. With the help of mediators, counselors, and a well-versed Cedar Park divorce attorney, you might be able to settle your divorce without going to trial. However, if your divorce necessitates going to trial, you need an attorney who is willing to represent you in a trial.

The Texas Divorce Process

You should understand that if your divorce does go to trial, it will not be right away. Divorce in Texas is a process that takes time, and the proper procedures must be followed. This is one reason why many who are going through a divorce will hire a Cedar Park divorce lawyer to represent them.

After the divorce is filed by one spouse and information about assets and financials is shared, they can discuss a divorce settlement. They can do this directly, though it is never advisable to do this without legal representation. They can also use lawyers or mediators to help settle their case. The couple will need to determine issues such as:

  1. Child custody
  2. Child support
  3. Alimony or spousal support
  4. The distribution of marital assets
  5. The distribution of marital debts

If they can come to agreements on the issues that apply in their divorce, their lawyers will prepare the Agreed Decree of Divorce to be submitted to the court. If they cannot reach agreements, a trial date will be scheduled. Before the trial, the spouses are legally required to attempt mediation with a neutral third party who might be able to help them work out the terms of their divorce so that both parties are satisfied.

In divorces in which mediation is unsuccessful, the case will continue to trial. Once the trial is over, the rulings of the court are binding to both parties going forward. Going to trial can be risky for either party, and it is usually best when the couple can come to agreements on their own. Going to trial is more expensive and will drag out the divorce process.

Types of Divorce Cases that Go to Trial

You may be wondering if your own divorce will end up at trial. Divorce cases that go to trial typically happen when there is:

  • A significant disagreement over child custody as some parents will fight for their parental rights
  • A considerable disagreement about finances or the division of assets
  • A spouse who takes an irrational position and refuses to negotiate

Hire a Seasoned Divorce Attorney in Cedar Park

Whether you think you will be able to settle your divorce before going to trial or anticipate going to trial based on the reasons above, a seasoned divorce lawyer in Cedar Park can help you through every step of the divorce process. Your attorney can support your goals and help you negotiate so you can get what you desire out of your divorce.

Schedule your divorce consultation with the Jackson Law Firm today. Contact us by phone at (512) 960-2013 or online.

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