What Happens if My Divorce Goes to Trial in Texas?

 Posted on May 29, 2025 in Divorce

Many divorce cases in Texas are settled outside the courtroom, typically using mediation to resolve disputes. However, if your case goes to trial, you need an Austin, TX divorce attorney to aggressively represent your best interests. Consider some elements of a litigated divorce, and then talk to an experienced lawyer about what the process could look like for you, including options that allow you to avoid a lengthy and expensive courtroom battle.

What Are the Types of Trials for a Texas Divorce?

In Texas, there are generally two types of trials for divorce. In most cases, a judge will hear the case. This is known as a bench trial. However, occasionally, a jury will hear the case, but juries have limited abilities in divorce proceedings.

Jury Trial for a Texas Divorce

According to Texas law, a jury can make decisions about child custody, grounds for divorce, and property characterization. Jurors can designate who will get primary physical custody and determine whether the grounds for divorce alleged by either spouse are valid. For example, if you filed for divorce on the grounds of adultery, the jury can decide whether the evidence shows that those grounds are true. They can also categorize property as community or separate property. However, they cannot make decisions about how property is divided, and they do not address child or spousal support.

Bench Trial for a Texas Divorce

Bench trials do not involve a jury. The judge will hear everything about the case and make all the final decisions about the following:

• The terms and amounts of child support

• The terms for visitation and access to the child

• How community property will be divided

• Whether either spouse will receive alimony

• The amount and duration of alimony payments

The judge can also make decisions about protective orders if issues regarding domestic violence are a concern.

What Does the Divorce Trial Process Look Like in Texas?

Some basic elements of a divorce trial include discovery, pre-trial motions, presentation of evidence, and the final ruling. During discovery, both sides will collect evidence. You may have to answer written questions, produce documents, and give sworn testimony called a deposition. Then, your attorneys can make requests, called motions, to the court before the trial. For example, you may ask that the judge rule on something before the trial begins.

Both of you will have the opportunity to present your evidence, which may include financial records, photographs, and witness testimonies. If necessary, your attorney may have experts testify on topics like child custody and property division. Finally, the judge will make final decisions for all contested terms and issue a final decree.

Talk to an Austin, TX Divorce Attorney Today

If you are concerned that your divorce is headed for trial, there are likely complexities in the process that require the help of an experienced and knowledgeable Travis County, TX divorce lawyer. At Powers Kerr & Rashidi, PLLC, we are here to guide you, offering insight into the nuances of divorce litigation and ensuring you understand your rights and legal options. Call 512-610-6199 and schedule your initial consultation to get started.