In difficult or contested divorce cases, family law attorneys sometimes find their clients choosing to go to trial when settlements cannot be negotiated in other ways.

While going to trial may seem like a means to an end for spouses to prove their cases, Texas divorce litigation lawyers warn that the outcome is often not what spouses hope it will be.

A court hearing may be unavoidable in some cases; however, in others divorce attorneys recommend doing everything possible to stay out of the court whenever possible.

Is Going To Trial for A Texas Divorce Common?

Though the idea of divorce court often gets dramatized in movies and novels, leaving many to believe it is a common occurrence for spouses and their family law attorneys to end up in front of a judge, most law firms find this portrayal to be fairly inaccurate.

In fact, only about 5 to 10% of all Texas divorces end up in court, as most can be successfully settled through negotiation.

When Do Texas Divorce Cases Most Often Go to Trial?

Considering how infrequently spouses end up going to trial, there are generally three main instances when doing so is recommended.

Those include those times when:

Mediation and other attempts at negotiation continuously fail.
Law firms recommend a court trial in a high-asset divorce when spouses refuse to agree on fair property distribution.
A default judgment is sought due to a missing or contesting spouse or some other valid reason.

In most other cases, skilled family law attorneys can usually find a way to help spouses negotiate their divorce settlement and avoid going to trial.

What Are Pros and Cons of Going to Trial For A Texas Divorce?

The main advantage to taking a Texas divorce to trial is that it resolves the problem of spouses who either cannot or refuse to agree on their various divorce issues.

A judge will hear all testimony presented by the spouses and their divorce litigation lawyers, review all supporting evidence, and make the fairest decisions based on the presented facts.

Unfortunately, the judge’s idea of fair or just may differ considerably from that of the spouses, leaving one or both unhappy with the final judgment.

Family divorce attorneys highlight the fact that by the time a divorce has to go to trial and the spouses put the control of their divorce in the hands of a judge, it is almost guaranteed that at least one spouse will end up very unhappy with the results.

This truth should be used as motivation for encouraging spouses to find a way to negotiate positively and work toward agreement.

Additionally, family divorce lawyers also see cases that progress to a trial becoming increasingly stressful, emotional, and much more expensive.

Avoid A Trial With An Experienced Texas Family Law Attorney

Going to trial for a Texas divorce may be necessary in some cases, but family law attorneys usually find settling out of court to be the better solution.

While it may not be easy to do, a skilled and experienced family divorce lawyer can help spouses find agreement in trying circumstances in order to retain control of their divorce proceedings.

A respected family divorce law firm is each spouse’s best asset for favorable divorce negotiations and agreements achieved without going to divorce court!