Despite your best efforts at reaching an agreement with your soon to be ex-spouse, you may find yourself discussing possible trial dates with your lawyer.
It is possible, although not likely, that all of your attempts to reach a negotiated agreement in your divorce with the other side aren’t successful. It is possible that your mediation may not end with an agreement. It is possible that you and your spouse just cannot agree to one area of the divorce, either property or children, and you can’t move forward with discussions. It is possible that despite your best efforts you find you have no other option but to have the Judge in your case make the final decisions on issues in your divorce.
Texas Divorce Trial Preparations
It may be that you and your lawyer are the ones who end up having to secure a trial setting. If your divorce needs to be finished by trial, you will need to have a full discussion of what “trial” means with your lawyer. A divorce trial can be with or without a jury. If there is no jury the judge will make the decisions. That type of trial is called a trial to the judge. Your trial may last 3 hours, a full day, or many days. There will be witnesses, testimony and evidence presented in the case. Your lawyer may use technology in the courtroom, or go old school and use posters.
And, you may find that your lawyer needs to conduct more and different types of discovery. You and your lawyer will need to make sure that you have all the information that you need. You will discuss witnesses who may testify on your behalf. A good divorce lawyer will also prepare you for testifying and your time on the witness stand as well.
If you find yourself in this position, a good family law attorney will prepare you for trial. There is always a chance of reaching an agreement. And, you could even reach an agreement the morning before your trial is scheduled to start. And, then one or both of you would testify at a prove up instead of a trial.
This post is the 5th and final in our Navigating Texas Divorce series.
Call Jill O’Connell today and schedule an appointment, 940-497-5454, to talk about your divorce.