Texas Divorce: Should I Settle or Go to Court?

divorce decree and gavel

If you are facing a divorce, you may have visions of a heated courtroom battle dancing around in your head, but this is unlikely to be how your divorce plays out. Even, however, if your divorce does make its way to court, you can count on your dedicated Waco divorce attorney to help ensure that it proceeds as smoothly and fairly as possible.

The Goal

The terms you set with your divorce determine the groundwork for your parental and financial rights moving forward, and very few couples want to abdicate their decision-making power in these matters. Even if they cannot agree on anything else, most couples do agree when it comes to attempting to keep their divorces out of court. For every rule, however, there is an exception, and there are those unique individuals out there who are so incensed by the divorce process – and the emotions it stirs up – that they are more interested in making things difficult for their soon to be exes than they are in cutting their own losses and negotiating terms between themselves in good faith. In such an instance, the best path forward is generally going directly to court – where you will almost inevitably end up anyway.

Negotiating Divorce Terms

Your divorce may feel like a bad dream with no beginning and no end, but in actuality, it is the dissolution of your marital contract, and it breaks down into making determinations on all of the following terms that apply to your situation:

  • The equitable division of your marital property

  • Your child custody arrangements

  • Child support

  • Alimony (called spousal maintenance in Texas)

An important point to make is that those terms that you are able to negotiate between yourselves will not need the court’s intervention. If you can find mutually acceptable terms for each, you will only need the court to accept your terms and issue your final divorce decree. This does not mean, however, that if a term or two remains unresolved that you have failed in your negotiations. If you can resolve even one pending term, it amounts to one less item for the court to decide on your behalf.

Keep in Mind

While the goal is to settle your divorce terms between yourselves and keep them out of court, this is not always a possibility. Settling for divorce terms that do not uphold your parental and financial rights is not going to do you and your children any favors. Your dedicated divorce attorney will help you better understand what your best options are – whether this involves going to court or not. In the end, it is important to do what is right for you and your post-divorce future.

Do Not Wait to Consult with an Experienced Waco Divorce Attorney

Whether your divorce settles or goes to court will depend upon the circumstances involved, and Brett Pritchard atThe Law Office of Brett H. Pritchard in Waco, Texas, is a savvy divorce attorney who will help you make the right divorce decisions for you. We are here to help, so please do not hesitate to contact or call us at 254-501-4040 today.

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