Why are divorce trials so rare?

By Sullivan, Klocke, Evans & Goenawein, P.C. on April 2, 2020 • Firm News

If you are a Texan facing the end of a marriage, you may wonder if your divorce will end up in a trial, but divorce trials are rare. Divorce cases that do go to trial usually take place before a judge rather than a jury. Jury trials for divorce cases are extremely rare.

While coming to an agreement on the division of assets, parenting planning and spousal support may seem impossible for some couples, there are still options other than a trial for settling a divorce, according to Forbes.

Time commitments for divorce trials

Divorce trials may take significantly longer than the typical divorce agreement, and many divorcing couples find that they cannot take time off work or away from other commitments to devote to the trial and trial preparation. For this reason alone you may choose to try harder to reach an agreement with your spouse.

Misconceptions about divorce trials

Sometimes a divorcing spouse wants a trial, thinking that if the other spouse’s infidelity or financial wrongdoing goes before a court it will result in a more favorable outcome. But this is not the case. Marital fault does not determine important decisions such as spousal support or division of assets.

Preferable options

Some divorcing couples who plan to go to trial are able to reach an agreement, even at the last minute before the trial begins. But that does not mean it is a good idea to use the threat of a trial in an attempt to get a better settlement. You would typically only go to the trouble of handling a divorce through a trial after you have exhausted all other options first.

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