Texas couples who cannot agree on a divorce settlement will likely find themselves in a courtroom when ending their marriage, and there are ways to prepare when litigation is likely. Getting a divorce through the court system involves gathering evidence, hearings and a trial, and being familiar with the rules in Texas is one way to learn about what to expect during the court proceedings.
Part of preparing for a trial is finding an attorney, and legal counsel is especially important if the other party has representation. An attorney can explain the options and inform the client about hearings. Finding someone to work with who has a similar point of view is better than trying to locate the toughest attorney possible. There are instances where aggressive representation may be necessary, but there is also a danger in finding someone needlessly combative who drags things out and annoys judges.
Discovery happens before a trial and involves sharing relevant information pertaining to marital assets through statements, written answers to questions and depositions. Information from discovery is used to prepare a case, so people should attempt to locate all the necessary documents like financial statements while expecting to examine everything the other party provides. An attorney might need to seek assistance from the court if the other party is not releasing a needed document.
Most divorces are uncontested, however, and are able to be resolved through negotiations between the parties. This saves both time and money. An attorney who has family law experience can often be of assistance to a client who is facing the end of a marriage in negotiating a settlement agreement that addresses property division and other applicable divorce legal issues.