The Divorce Process… Resolution: Trial or Settlement
Friday, October 31st, 2008TRIAL OR SETTLEMENT
Not all divorce cases go to trial. First, after pretrial discovery is over, the spouses will probably be order to go into mediation. Mediation is a procedure where the parties and their attorneys meet with a neutral third-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.
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. If a jury is not requested or allowed, then the judge decides the contested issues.
