Does Every Divorce Go to Trial?

Does Every Divorce Go to Trial?

Apr 21, 2022
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If you are considering a divorce, you might get stressed simply thinking about the process. Not only must you uproot your life as you know it, but you also might have images of emotional courtroom battles in your head. No one wants to go through a contentious divorce that leads to trial, and while some require litigation, the good news is that most divorces are resolved out of court.

Your first move should be to discuss the process and what you might expect with an experienced Southlake divorce lawyer who can assess your options.

Why Cases Might Go to Trial

Divorce requires spouses to resolve numerous issues before they can end their marriage. These include:

  • Community property division
  • Child-related matters, including support and conservatorship
  • Spousal maintenance

Litigation plays a role in a divorce if the spouses cannot agree on one or more issues. It can also arise if one spouse disputes the stated fault-based grounds for the divorce. They will need to present their sides to the judge, who will rule on any unresolved matters. When one or both spouses are playing hardball and refusing to compromise, the case is likely to go to court.

Other Options

Many spouses file uncontested divorces in Texas, which makes the process significantly easier and quicker. Your attorney can advise whether this is a realistic option in your case. This option is possible if the spouses agree on:

  • Wanting to legally end the marriage
  • The grounds for the divorce
  • How to resolve all divorce-related issues involving children and finances

If you and your spouse are in agreement about the above, your lawyer can draft the proposed settlement agreement. Then, all the family court judge will need to do is review the agreement and approve it if the terms comply with Texas law.

If you and your spouse have some sticking points at the start of the process – which is common – it does not necessarily mean you are headed for court. Your respective divorce lawyers can negotiate terms, or you might participate in mediation to facilitate compromise. Many spouses are able to reach an agreement at some point before requiring court intervention.

What if  You have to Go to Trial?

Maybe your spouse is vengeful and refuses to negotiate out of spite. Maybe there are complex issues of jointly-owned businesses and other complex assets, and you disagree with appraisals and other technical matters. Perhaps your spouse was abusive, so you want to seek sole custody, and they are fighting against it.

Whatever the reason your case does not settle out of court, you want a divorce attorney who is ready to represent your rights and interests at trial. An experienced litigator is necessary to protect your future.

Discuss Your Options with a Southlake Divorce Lawyer

At the law firm of Mims Ballew Hollingsworth | Family Law, our legal team handles all types of divorces – from those that settle relatively quickly to those requiring complex litigation. Contact us to discuss your situation and how we might help.

Contact Us Today!

Put Our Team On Your Side

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    817-900-8330

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      I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

      Loyd Camp
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      Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

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      Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

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      I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

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      Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

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      Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

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