Does Every Divorce Go to Trial?

Does Every Divorce Go to Trial?

Apr 21, 2022
img

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

or call us at

817-900-8330

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.

Related Posts

locations

Areas we serve

area-1

Fort Worth, TX

Our family law and divorce attorneys in Fort Worth are ready to take your case. Visit us now!

area-1

Southlake

Our experienced family law and divorce attorneys in Southlake are ready to assist you. Get in touch with us now!

area-1

Flower Mound

Our family law and divorce attorneys based in Flower Mound are available to take your case. Contact us today!

area-1

Keller

Our family law and divorce attorneys in Keller are ready to guide you through your case. Contact us today!

 

area-1

Colleyville

Our family law and divorce attorneys in Colleyville are here to support your case. Reach out to us today!

area-1

Trophy Club

Our family law and divorce attorneys in Trophy Club are ready to help with your case. Contact us now!

area-1

Grapevine

Our family law and divorce attorneys in Grapevine are prepared to take on your case. Visit us today!

area-1

North Richland Hills

Our family law and divorce attorneys in North Richland Hills are ready to handle your case. Get in touch with us now!

area-1

Denton

Our family law and divorce attorneys in Denton are available to take on your case. Contact us today!