Finalizing a divorce can take months or even years, especially if there are high-value assets involved or the split is contentious. Understanding what to expect in divorce court can help you set realistic goals for your divorce timeline and outcomes.
The qualified family law professionals at Mims Ballew Hollingsworth (MBH) will help you through every stage of the process, creating tailored legal strategies to protect your interests. An experienced MBH divorce attorney in Fort Worth can provide the legal guidance you need to make informed decisions about your future.
The Structure of Divorce Hearings in Texas Family Court
How does divorce court work? Divorces in Texas begin with a hearing before a judge. But what is a divorce hearing, and what can you expect when you attend one?
A divorce hearing is a proceeding in which a judge hears evidence and arguments from both parties to the divorce to make decisions about the divorce’s terms. During a hearing, the presiding judge asks questions, and both parties provide documents or other evidence to support their positions.
Before the hearing, the attorneys gather evidence, develop strategies, and help their client prepare. Eventually, the process may include multiple hearings, mediation, or a trial (or both) to decide issues such as division of assets, child custody, child support, and spousal support.
Establishing Temporary Guidelines: The Initial Hearing
What happens at the first divorce hearing? You and your spouse will appear, with attorneys present.
This hearing is meant to establish parameters for your family until the divorce is finalized. A judge may issue temporary orders concerning the following:
- Your living situation (who stays in the family home)
- Child custody and support
- Spousal support
- Division of bill payments
- Other financial matters
Your lawyer can work with you to clarify your goals before the first court hearing and create a strategy to help you achieve them.
In an uncontested divorce, the initial hearing may be the only hearing needed to finalize the matter. This “prove-up” hearing confirms that the couple agrees on the terms of the divorce.
Contested divorces begin with an initial hearing and subsequent hearings to discuss various issues.
Preparing for the First Divorce Hearing
Even if you know what happens at a divorce hearing, you still need to prepare a legal strategy to achieve the outcome you’re hoping for.
Step one is the discovery process, which involves gathering evidence that supports your preferred temporary living and financial arrangements. This might include proof of earnings, documentation of expenses, and information about your children’s needs and preferences. Your spouse must also provide proof of earnings and expense information, and much more. Your legal team will guide you through the discovery process, answer your questions, and provide legal advice and support during this stage.
The Role of Mediation in the Divorce Process
The Texas Family Code allows the court to order mediation before a divorce trial. The parties may also agree to enter into it voluntarily. While mediation is not mandated by state law, it is often encouraged, and you should be prepared for the judge to order this form of dispute resolution at your initial divorce court hearing.
Working with a neutral divorce mediator could help you avoid a lengthy and expensive trial, as long as both parties are willing to engage in good faith. This doesn’t mean you should concede what’s important to you. Instead, you rely on your lawyer to advocate for you during mediation and represent your best interests.
The Importance of Legal Representation in Court
Some couples don’t go to mediation, but they can avoid a trial by negotiating an informal settlement. While this is a less common solution, it is possible to reach a settlement if both attorneys successfully negotiate a satisfactory agreement between the parties.
This is just one of many reasons it’s essential to secure an excellent attorney to represent you in the divorce process. A skilled Southlake divorce lawyer can protect your best interests, from the initial hearing through the mediation process — and, if needed, until the judge’s final ruling in divorce court. Legal representation is especially critical for high-net-worth cases involving complex assets or contentious custody battles.
Final Decisions: What Happens at a Divorce Trial
If mediation is unsuccessful and no settlement is reached, you may find yourself heading to court. Understanding what to expect in divorce court is essential to making wise choices.
In court, you may be asked to testify under oath. Your attorney should help you prepare for this and give you an idea of what to expect. Both you and your spouse’s attorneys may present evidence and question witnesses. A judge will then issue legally binding rulings to finalize the divorce process, taking decision-making power out of your hands.
Experienced Divorce Representation With MBH
Understanding what happens in divorce court can help you be prepared for what’s to come. The qualified lawyers at MBH have the knowledge and experience needed to guide your strategy. With more than 100 years of combined experience and four attorneys Board-Certified® in Family Law by the Texas Board of Legal Specialization, we have a unique commitment to collaboration. We combine our resources to provide exceptional representation for every client.
For legal assistance with your divorce, contact us to schedule a consultation to discuss your case.
FAQs
At the first divorce hearing, a judge issues temporary orders that will determine finances, living arrangements, and child custody until the divorce is finalized.
Your lawyer can help you prepare for the divorce hearing process by setting goals, gathering evidence, and developing a persuasive legal strategy.
The state doesn’t mandate divorce mediation, but it encourages it, and the court may order it.
The judge oversees legal proceedings, reviews testimony and evidence, makes final decisions, and issues binding orders.
