Texas Divorce Trial
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 Texas divorce with the other side aren’t successful. It is possible that your divorce 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 divorce lawyer are the ones who end up having to secure a divorce 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 or divorce final hearing. Your trial may last 3 hours, a full day, or many days. There will be witnesses, testimony and evidence presented in the case. Your divorce lawyer may use technology in the courtroom, or go old school and use posters.
And, you may find that your divorce attorney needs to conduct more and different types of discovery. You and your divorce attorney will need to make sure that you have all the information that you need. You will discuss witnesses who may testify on your behalf. You and your divorce attorney will plan what exhibits you will use. A good divorce lawyer will also prepare you for your time as a witness in the final hearing including courtroom behavior, how to dress in a courtroom, the courtroom rules and expectations and your time sitting at counsel table, and your time on the witness stand as well.
If you find yourself in divorce and facing a final trial to conclude your divorce, the best family law attorneys will prepare you for trial. And, while there is always a chance of reaching an agreement, a divorce final trial or final hearing date shouldn’t be ignored for the hope of an agreement to conclude your divorce. Hope for an agreed divorce but plan for the divorce trial setting. It’s possible you could even reach an agreement the morning before your trial is scheduled to start. It’s also possible that you won’t. If you do reach an agreement at the last minute, in the courtroom hallway, it may well end up that the only time you need to testify is to testify about your agreement or 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.