Texas Divorce Litigation Lawyers
Divorce Litigation—When Court Is The Best Option
Resolving divorce and child custody disputes in the courtroom is seldom the first choice when you are going through family problems. But it is sometimes the only choice. When that is the case, the family lawyers of Goranson Bain Ausley draw on their deep courtroom experience to pursue litigation with diligence and skill.
The fact is, there are reasons to litigate. Highly contentious divorces or custody disputes, physical or mental abuse, or an intractable spouse may make court intervention necessary. Some clients may simply prefer to go to trial. GBA lawyers do not rush to court, however. They do everything possible to negotiate a settlement. But when all other options have been exhausted, they will tenaciously litigate to protect the interests of you and your children.
The likelihood is that you will not need to go to a final trial—about 95% of Texas divorces ultimately settle out of court. To cover every contingency, GBA offers you the full spectrum of divorce processes—from Flat fee divorce to Collaborative Divorce and mediation to litigation. Whenever feasible, our preference is to pursue a constructive resolution that minimizes disruption to your life. Our priority, always, is to secure the most favorable outcome for you using all the resources at our disposal.
What is Divorce Litigation?
When divorcing couples cannot reach a final agreement by other means, court intervention may be necessary. A litigated divorce presents couples with a solution decided by a judge, who rules on such issues as:
Because a judge will be making decisions affecting your family and finances, it is vital that you have an experienced attorney to advocate for you. Trusting their counsel and communicating openly with them will help them build a strong case and create the best opportunity for a positive outcome.
The Litigated Divorce Process in Texas
Going through a litigated divorce can feel overwhelming. Rely on your attorney to guide you through the steps of the process so you know what to expect.
Filing for Divorce
If you are filing for divorce in Texas, there are certain criteria you must meet before filing. If your spouse is filing, you will be served the petition and you are required to file an answer; you may also file a counter-petition. This is also the time at which you would file temporary orders.
Discovery is the collection and documentation of important information relating to your case. It’s the foundation of your case, so it is important that you leave no stone unturned and provide everything necessary to your attorney. Texas law requires divorcing couples to exchange initial documents, and you can discuss with your attorney whether more information is needed.
Mediation is required in most cases, however, the time when it occurs varies by county. Generally, mediation will take place before proceeding to a temporary or final hearing.
Deposition is a part of the discovery process and involves interviews of the parties and witnesses. Depositions are conducted outside the courtroom but the records may later be used in the divorce trial. Each party can request the deposition of the other party and witnesses.
Your attorney will likely spend more time preparing for trial than in trial itself. Preparation includes, but is not limited to, interviewing witnesses, drafting cross-examination questions, performing legal research, handling important evidence, planning responses to questions from the opposition, working with experts, and building your case.
In trial, your attorney will state your case before a judge or a jury, as will the other party. During this time, it’s important to keep your composure and trust in the skills of your attorney. After the conclusion of the trial, the judge or jury will announce the decision.
If you or your former spouse are unhappy with the court’s decision, an appeal can be filed within 30 days after a final decree is signed by the court if certain criteria are met.
Seeing what lies ahead may feel daunting. Take a deep breath. Together with an experienced Goranson Bain Ausley attorney, you’ll confidently manage divorce litigation, one step at a time.
When Should You Consider Divorce Litigation?
At Goranson Bain Ausley, we do not pursue litigation lightly. We recognize that it is a serious course of action reserved for when the stakes are high. The kinds of issues that can be litigated effectively include physical or mental abuse, high conflict divorce or custody matters, or a spouse who is being unreasonable and will not negotiate in good faith. Your Goranson Bain Ausley attorney can best advise you on when to take your case to a courtroom. In experienced hands, litigation can be a powerful tool for moving things forward in divorce when other methods fail.
Experienced Divorce Litigation Attorneys at Your Side
Divorce—whether litigated or finalized through other means—is a major life transition. Knowing that you have the support of an attorney who is both capable and compassionate can help ease your way forward. The lawyers of Goranson Bain Ausley bring that dual strength to all their cases. They are recognized for their legal expertise, respected by judges, and opposing counsel alike. But they are also known for their empathy and understanding of the personal dimensions of divorce. No matter what your situation or how you choose to divorce, a working partnership with a Goranson Bain Ausley attorney in Austin, Plano, or Dallas can help successfully set the stage for your future. Contact us today.