Divorce, Family Law

What to Expect at a Divorce Hearing

Posted by brian on July 29, 2019
Cedar Park Divorce Attorney - Hearing

If you are going through a divorce, you are bound to have questions and concerns about the upcoming process. While the majority of divorce cases are settled before they get to court, divorces that involve more complicated financial issues, are contentious, or are stalled regarding child custody arrangements are more likely to be decided in a divorce hearing. If your divorce is heading to court, it helps to understand the process. If you are facing a divorce hearing, you need the professional legal counsel of a dedicated Round Rock divorce lawyer.

 

The Court’s Discretion

 

If you and your divorcing spouse are not able to hammer out divorce arrangements together – on your own, via your respective divorce attorneys, or through mediation – your case will likely proceed to a hearing. At this hearing, it’s important to recognize that the presiding judge has considerable discretion in every decision he or she makes, including:

 

  • Child custody arrangements, which the court always bases on the best interests of the children
  • The division of community property, which the court bases on what it deems “just and right” rather than equal
  • Financial decisions, including spousal support and child support

 

Often, the court’s determination of what is in your children’s best interests and the just and right division of your marital property may not coincide with your own desires. 

 

Your Divorce Hearing

 

At your hearing, you can expect things to proceed in an organized manner from start to finish, including these important steps:

 

  • Your case will be called, and you and your spouse will take your appropriate places with your respective attorneys at the counsel tables. Your attorneys will then state their appearances for the record, which indicate that you and your spouse are both present. 
  • The oath may be administered, and both of you will agree to tell the whole truth by replying with “I do.”
  • Your respective attorneys will make their opening arguments. This means both attorneys will briefly sum up the facts involved and will state the relief requested by each of you – which is what you hope to accomplish.
  • Testimony will begin. The spouse who filed the divorce petition is the petitioner, and his or her attorney will begin by calling the first witness to the stand. The witness may be the petitioner, the respondent (the other spouse), or someone else entirely depending on the circumstances of the case and the attorney’s legal strategy. 

 

These initial steps begin the legal process. Direct examination, cross-examination, and the admission of evidence come next; the respondent’s case then follows in the same manner. The petitioner is then afforded the opportunity to rebut the respondent’s offerings, and finally, your attorneys will give their closing arguments.

 

If You’re Facing a Divorce, You Need an Experienced Round Rock, Texas, Divorce Lawyer 

 

If your divorce is moving toward a hearing, the dedicated legal team at Jackson Law Firm in Round Rock is here to help. Our experienced divorce lawyers have the skill, commitment, and knowledge to guide your case toward a resolution that protects your rights and works for you. For more information, contact or call us at (512) 528-1900 today.

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