Why might I want a trial in my divorce case?


A divorce trial is the court option where a matter is held in a public court and decided by a judge. While the majority of divorce cases are settled out of court, there are several instances when you may consider a trial for your divorce case. Going to trial is a huge decision that has several implications. In light of this, it is wise to consult with a high net worth divorce attorney.

You might want to go to trial if you and your spouse cannot agree on the fundamentals. Even in divorce mediation, the spouses may not agree on everything. However, if you cannot see eye to eye on the main issues, then you may want to involve a jury or a judge to determine your case. If you have a complicated case you may consider going to trial upon the advice of your attorney.

In certain Texas cases a jury rather than a judge and decide issues in divorce. The judge option is referred to as bench trial. Right from the onset, it is important to note that jury trials often take longer than bench trials. However, it may not be in your best interest to entrust such a huge decision to one judge. A jury trial might be more balanced because different jurors may have different views. Again, the jurors will deliberate before reaching a verdict. Based on the unique circumstances of your case, an Austin high net worth divorce attorney will help you determine the best avenue to hear your case.

If you choose to go to trial, you need to realize that it comes with some risk and there are no guarantees. However, you can appeal your case if you feel the decision of the court was not appropriate. Given that the stakes are very high in trial cases, you need to get yourself an experienced Austin high net worth divorce attorney. Case preparation is crucial for successful outcomes. There should be no surprises when you go to court because the lawyer will have prepared you for all eventualities.

You should note that negotiation experience and trial experience are different. A particular lawyer can be good at negotiating, but, they may lack trial experience. Remember that trials can get very personal and your spouse may attempt to discredit you. In light of this, you also need to be emotionally prepared. The judge or jury should perceive you as a calm person and not a hot-tempered spouse who cannot keep it together.

At Kirker Davis, we are well prepared to go to trial if we deem this as the best option for our client. Call us today for a case evaluation, and we will chart a way forward in your divorce case.


Chris M. Kirker

Christopher M. Kirker is a Partner and Trial Attorney at Kirker Davis for complex family law litigation, primarily high-net-worth Texas divorce, custody, division of property, business ownership litigation, and trial consulting.

Education: Baylor University School of Law, cum laude, J.D. (2010)
Years of Experience: +13 years
Justia Profile: Christopher M. Kirker



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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a personal injury attorney.

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