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"