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"