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A primer on divorce litigation

On Behalf of | Feb 23, 2024 | Divorce

When two spouses in Texas decide to get divorced, they may try to resolve their divorce matters outside of court — for instance, through divorce negotiation. However, if they cannot find common ground, they may have to go through the divorce litigation process. Here is a rundown on what litigation involves, including its advantages and disadvantages.

Tips for navigating divorce litigation

During divorce litigation, two spouses allow their attorneys to represent them in court. The jury must hear both lawyers’ reasoning and gather evidence before ruling on divorce issues such as liability division, asset distribution, alimony and child custody. This process may take over six months to finalize.

One advantage of divorce litigation is that it is highly structured. The judge presiding over the case will co sider the two spouses’ divorce matters in detail before issuing a ruling based on laws and the facts of the case. However, a major disadvantage of divorce litigation is that it can be costly. The two spouses must cover not only their attorney fees but also expert witness expenses and court costs. Litigation can also be adversarial, which means it may take a toll on the two spouses’ relationship post divorce.

How an attorney can help

Navigating divorce litigation can be complicated emotionally, financially, legally and mentally. However, a family law attorney in Texas can help an individual going through divorce litigation by representing him or her in court and presenting his or her case effectively. The attorney can furthermore help the individual understand his or her obligations and rights during the divorce proceeding.