Do You Actually Need to Litigate Your Divorce in Texas?

Divorce is one of the hardest things for a person to go through. There can be a lot of confusion in the process, and you may be wondering what comes next for you. One of the biggest questions is: Do you actually need to litigate your divorce in Texas?

The team at the Walke-Wilson Firm can help you understand your options and whether litigation is the right choice for you.

What Is Divorce Litigation?

Litigation is the traditional method of settling a divorce, where both parties appear in front of a judge to argue their case. It often involves a long discovery process where assets and other evidence are revealed and considered. Typically, both spouses will hire a divorce lawyer to represent them throughout this process.

During litigation, a judge may help decide:

• How property gets split
• Possession and access to any children
• Alimony or child support
• What happens with any shared businesses or other complicated assets

Litigation is often considered confrontational, as each party is arguing its side against the other. With the Texas marriage rate of 5.8 marriages for every 1,000 residents, many couples may wonder if litigation is the right option for them.

Alternatives to Litigation

Under Texas Family Code Chapter 6, Subchapter G, Texas courts may refer a marriage case to Alternative Dispute Resolution. This includes a variety of resolution methods that do not require litigation or going to trial.

Some courts or counties prefer that cases go through one of these processes before proceeding to litigation. Your experience may be different in Montgomery County than it would be in Jefferson County, for example.

Mediation

Mediation is one of the most common forms of alternative dispute resolution. It allows spouses to discuss their plans, concerns, and potential issues in a much more open and relaxed environment. A mediator will be responsible for facilitating a respectful conversation between both parties, including discussions involving Spousal Support.

Importantly, the mediator will not make the decisions. Spouses get to decide together how to handle issues like property splitting, support, and any children.

Divorces that go through mediation are still subject to any laws that govern divorce in the area. Mediation does not preclude the option of going to trial, and if mediation does not work out, you can still pursue litigation.

When Mediation Does Not Work

Texas has a relatively low divorce rate at 2.1 divorces for every 1,000 residents. Many divorces can be settled through mediation or a similar process, but this does not work in every case.

Often, divorces with higher conflict may require litigation. Any concerns about safety or abuse can also make it difficult to work out issues through mediation. Your divorce might benefit from litigation if it involves:

• Cheating by either spouse
• A spouse prone to conflict
• Physical or psychological violence
• Complex, irreconcilable disagreements

Divorces involving domestic violence are a common reason to rely on litigation. Even when a court might require mediation first, this requirement can often be waived if domestic violence has occurred. This may be especially important in a Complex Divorce, High-Net Worth Divorce, or Retirement Division matter where additional legal and financial issues are involved.

Getting Help With Resolution

Divorce attorneys do not have to only help clients who go through litigation. They can be an equally valuable part of mediation or other alternative resolution processes, representing you and your interests.

Another significant benefit of involving a lawyer is getting guidance on any legal requirements that have to be met, especially when children are involved. Bringing in an experienced family lawyer might help the mediation process be more successful, as you can tackle legal issues that might otherwise require a judge and potentially avoid Family Litigation.

Choosing the Path for You

It may seem overwhelming to consider the many options you have for settling a divorce. Each case is unique, and there is no one-size-fits-all advice. While litigation can be intimidating, sometimes it is the most effective and even safest option for a divorce.

When considering what path to take, think about factors such as:

• How well you and your spouse can negotiate together
• The interests of any children
• Your own legal and financial resources
• How safe you would feel in personal negotiations

FAQs

Hire a Trusted Divorce Lawyer From the Walke-Wilson Firm

Based in The Woodlands and helping clients throughout the surrounding areas, we have seen many divorce cases across Montgomery and Harris Counties. Our team brings years of experience and deep legal knowledge to support our clients during such a tough moment.

One of our divorce clients shared: “Maliah and her team completely carried me and led me through the process in the most gentle, sweet, caring, and supportive way.” We strive to help each of our clients with the same care and support. *

Contact our team today to schedule a consultation and tell us more about your case. You should not have to face the burden of divorce alone.

*Client testimonials reflect individual experiences and do not guarantee similar results. Each case is unique.