Trial or Settlement: Step 4 in The Divorce Proceeding
Trial or Settlement
Not all divorce cases go to trial. First, after pretrial discovery is over, the spouses will probably be ordered to go on to mediation. Mediation is a procedure where the parties and their attorneys meets with a neutral thrid-party (usually an experienced family lawyer) to try and negotiate a settlement. The vast majority of all family law cases are settled prior to trial.
If settlement is not possible, the case will go to a judge or jury. Either party has the right to request a jury trial on certain issues designated by the Texas Family Code.
Texas is the only state that continues to allow jury trials to determine child custody. A jury trial may also be held on other issues like character and value of marital property. The Texas Family Code requires other issues such as a just and right division of the community estate, the possession schedule for children and child support to be determined by the judge. If a jury is not requested or allowed, then the judge decides all contested issues.
Excerpted from my book, "Basics of Texas Divorce Law"
