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Couples facing the prospect of divorce understandably have many questions about what the divorce process looks like and what they can expect. Well-publicized celebrity divorce trials may give the impression that divorce litigation is common and that divorcing couples should brace for the worst.
Fortunately, reality suggests otherwise. Less than 10 percent of divorces in Texas reach the trial stage because alternative dispute resolution techniques are highly effective and encouraged by everyone, from Texas courts to divorce attorneys. Mediation and collaborative divorce give spouses much more control over important issues and make the divorce easier, faster, and less expensive. However, for that small percentage of divorces that do go to trial, spouses should know what to expect.
What Happens in a Divorce Trial?
Domestic violence, hidden financial assets, and one spouse’s refusal to cooperate are just a few of the reasons that a divorce might go to trial. Whatever the reason, the process is the same. The person who filed for divorce - the petitioner - must try to prove their argument with evidence and witnesses. The other spouse - the respondent - must then argue their own case. The two sides often go back and forth several times, responding to and refuting each other’s arguments.
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