Finding out that your Texas divorce case is heading to trial can be a significant and emotional blow. “Why would a divorce go to trial in my case?” you may wonder.
It’s natural to have that reaction. And that’s because you likely have several conflicting emotions running through your head, such as:
- Anger at your spouse for not being more agreeable
- Despair at having to go through more court hearings
- Worry about the additional cost of a lengthy trial in terms of both time and money
- Fear about what the judge might decide at your trial
These feelings are legitimate, and processing what you’re going through can take time. And even then, understanding why your divorce case is heading back to court may not resolve all your sentiments. However, walking through your concerns can help you determine what you and your divorce attorney need to do to prepare for court.
On that note, it’s important to understand why divorces go to trial so that you can set expectations for the proceedings. You will also want to learn more about the benefits of working with an experienced Texas divorce attorney who can help you navigate this complex situation.
Contested Cases Go to Trial
When you break it down, there are two types of divorces in Texas: uncontested and contested.
In an uncontested divorce, you and your spouse are able to agree on virtually every critical issue in the divorce. In other words, the two of you agree on the following:
- How your community property should be divided.
- The parent the children should primarily live with (if you have children through the marriage).
- How you and your spouse should share parenting responsibilities and decisions.
- The child custody arrangement and visitation schedule you’ll adopt post-divorce.
- Whether spousal support is appropriate and the amount that should be assigned.
If you and your spouse cannot agree on a resolution to one or more significant issues, your divorce is deemed contested. Outside of an agreed-upon resolution, a judge will likely need to intervene to make decisions on the contested issues.
The Role of Mediation and Conferences
It’s important to note that divorce cases with contested issues do not always end with a trial. During your divorce, you and your spouse may go through a mediator to reach one or more agreements on how to resolve any contested matters. If that happens, it means that the particular issue no longer needs to be heard at trial.
Mediation is one tool that courts like to use to try to turn a contested divorce into an uncontested one. In mediation, you and your spouse meet with a mediator whose role is to foster discussion. Through open dialogue, you and your spouse may resolve some or all contested issues in your divorce.
Outside of mediation, you and your divorce lawyer may have settlement meetings with your spouse. These meetings are also opportunities to reach agreements on contested issues and avoid a trial. There is no requirement for you and your spouse to have these meetings, but they can be helpful in some cases.
Reasons Why Your Divorce Case Is Heading to Trial
If mediation and conferences cannot help you and your spouse resolve issues, then you will likely head to court. Several reasons may apply as to why those issues remain contested despite mediation and other efforts, such as the following.
1. Spite
Sometimes, divorcing parties want to contest as many issues as possible solely to spite their soon-to-be ex. Individuals motivated by resentment are difficult to reason with and may continue to disagree with reasonable proposals just to cause added stress.
Unfortunately, hurting people often hurt other people as a means to cope with the emotional stress of going through a divorce.
2. Unwillingness to Compromise
Reaching agreements on contested issues requires a give-and-take on the part of both parties. The goal is to reach an agreement that addresses as many of the high-level goals as possible without sacrificing too many of your other interests. And that means neither party is likely to emerge with an agreement that gives them exactly what they want.
Some people, however, believe that they should get that much without sacrificing anything. With that attitude, it becomes difficult to reach an agreement, and a trial is all but guaranteed.
3. Genuine Disagreements Over Facts
Reaching an agreement with your spouse can be difficult if you do not agree on the basic facts. For example, suppose that you two started a business during your marriage. However, after you each retained a separate appraiser, the two of you have wildly different opinions on the company’s value and how much each party should receive in compensation.
In such a situation, an agreement will not be reached, but not because of any ill will. The concern requires the court to hear both parties’ evidence and make a definitive finding as to which valuation is accurate. The quality of the evidence presented during the trial process will be key in how the judge makes a final decision.
Avoiding Trial in Your Divorce Case
Divorce trials carry some risks. A chief concern is the judge not siding with you on the contested issues. You may also face additional attorney and witness fees if the court proceedings drag on going through each contested issue.
Therefore, it is important to make every attempt to avoid a trial and reach reasonable agreements with your spouse. To help avoid going to court, these are some things to avoid:
- Anger or bitterness; redirect it to a healthier outlet.
- Apprehension over giving up some of what’s less meaningful to obtain something important.
- Approaching mediation and conferences with a closed mind.
- Addressing disagreements over opinions instead of facts.
Ultimately, it takes two people to agree, so if either you or your spouse do not wish to resolve a matter amicably, a trial will be necessary. Each party will present their case, the judge may call witnesses, and closing arguments will be heard.
The judge will then issue a final judgment on issues such as asset division, property division, child custody, child support, and other elements. These rulings will then be final and outlined in the divorce order.
Why Would a Divorce Go to Trial in Your Situation? Let Parker & Aguilar Help
As you’ve seen, several factors can lead to a divorce going to court. If your Texas divorce case is headed that way – regardless of the reason – you will want to work with a family law office like Parker & Aguilar for assistance and representation.
Trials are challenging, and it pays to have a knowledgeable and skilled lawyer on your side. Let our attorneys defend your interests and protect your rights on the path to resolving the divorce.
We currently represent divorcing spouses in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with one of our experienced divorce attorneys.
Let’s discuss why would a divorce go to trial in your situation so that you can feel more comfortable with the legal proceedings.