Divorces can be sticky situations, and they can bring along numerous complications. Many are painful, and they have the potential take up a lot of time due to custody issues or disagreements due to the division of assets. To make the divorce case easier, not all of them go to court for a trial. Some are settled before it makes it that far. All divorce proceedings must go to a pretrial discovery, but after that is done, the people involved are usually advised to go to mediation. This is where the two spouses and their lawyers meet with a mediator, a hired third-party that is neutral and unbiased.
The mediator is used to help negotiate a settlement before the case is taken to court. This is a beneficial option to everyone involved, because it is cheaper and less stressful than court. If a settlement cannot be reached, the case then goes to court, but many cases can be solved in a mediation meeting. In court, a judge or jury determines the settlement. Though mediations can be helpful and can solve many cases, either spouse has the option to request that the case go on to trial. This is determined by the Texas Family Code that designates that certain issues may go on to be settled in a court of law.
In the United States, Texas is the only state that permits a jury to decide the outcome of child custody cases. Juries can also decide other subjects like marital property. A judge is required to decide on certain issues. One of which is the division of community estate. Another issue a judge decides is child support. If the parties do not request a jury, a judge decides all issues. A lawyer would be a great source of counsel to determine which path to take. Your lawyer has the experience and knowledge of the law to ensure that you make the right decisions in your divorce proceedings whether it is to go to trial or to have your case settled through mediation.
Divorces can be incredibly difficult to go through and to have a lawyer with your best interest in heart is an incredible asset to have as you go throughout your journey.
Contact The Law Office of Alex Tyra, P.C. For a Free Consultation When you need assistance from an experienced attorney or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week.