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Going to trial only option in some divorce cases

| Feb 27, 2020 | Divorce |

People in Texas who are going through a divorce must decide whether to settle or to go to trial. In most cases, the parties may be able to save time and effort by settling, but there are circumstances under which settlement is not a possibility. If it is clear to the parties that their case will not settle, it might make sense to get to it as soon as they can, rather than going through settlement negotiations.

Money is one of the major issues in many divorces, and time has a real dollar cost. The client expends financial resources during the time that he or she works with the attorney, and pays for the court’s and judge’s time as well. Court costs and attorneys’ fees can grow rapidly during a trial. The cost of a case that is settled is generally lower than the cost of a case that goes to trial.

In addition to measurable costs like time and money, a divorce in Texas can also be emotionally draining. It is stressful to go through a divorce trial. When the attorney needs information from the client, he or she often needs it quickly, requiring the client to drop other tasks to respond. Stress can also exacerbate problems between the spouses, making a settlement progressively less likely. A trial may be an option for the client to secure a better result than might have been gained through settlement.

In a Texas divorce case, an attorney might be able to help by gathering and organizing information about the couple’s financial holdings and liabilities. An attorney who practices divorce law might be able to put together a child custody plan for submission to the court, negotiate with the other side when it comes to property division or argue on behalf of the client during official hearings.