Divorce is seldom easy. With the challenges of splitting assets, arranging custody, and handling emotional turmoil, many individuals simply wish to find a resolution and move forward. However, a significant question frequently arises: Is it better to settle your divorce or to pursue litigation?
In Texas, you have options—and understanding them can help you make informed, strategic decisions that protect your rights and peace of mind.
Divorce in Texas: The Basics
Texas operates under the principle of “community property,” indicating that nearly all assets acquired during the marriage are viewed as jointly owned by both partners. When it comes to dividing assets, determining child custody, and establishing spousal support, the law gives judges broad discretion. However, that does not mean every divorce has to end in a courtroom.
In Texas, most divorces are resolved outside of court through negotiation, mediation, or collaborative law. Additionally, going to court is generally viewed as a last option if spouses cannot reach an agreement.
When Is Settlement the Better Option?
Reaching a settlement means both parties agree to the terms of the divorce, usually with the help of their attorneys. Settlements can be reached through informal negotiation or with the help of a neutral mediator.
Here’s why many couples choose to settle:
- Cost-effective: Avoiding trial saves on court fees, attorney hours, and other litigation costs.
- Faster resolution: Settlements can often be completed in months, while court cases may drag on.
- More control: You and your spouse have more say over the outcome rather than leaving decisions to a judge.
- Less adversarial: Settlement can reduce hostility, which is especially important if children are involved.
- Privacy: Settlements happen privately, while court proceedings are generally public record.
However, settling only works when both parties are willing to compromise in good faith. If one side is hiding assets, refusing to negotiate, or acting abusively, a settlement may not be practical or safe.
When Going to Court May Be Necessary
While many divorces can be settled, some simply cannot. A contested divorce involves taking the case before a Texas family law judge to decide on matters such as:
- Property division
- Child custody and visitation
- Child support
- Spousal maintenance
You may need to go to court if:
- There is a history of domestic violence or coercive control
- Your spouse is dishonest or uncooperative
- You have significant or complex assets
- You strongly disagree on custody arrangements
- Mediation or collaborative attempts have failed
While litigation can be more time-consuming and emotionally challenging, it is sometimes necessary to protect your rights and your children’s well-being.
What About Mediation?
Mediation is a popular alternative to trial in Texas. It involves a neutral third party helping both spouses reach a mutually acceptable agreement. Mediation is often court-ordered before a divorce can proceed to trial, but many couples choose it voluntarily.
The benefits of mediation include lower costs, reduced stress, and a higher likelihood of long-term compliance with the agreement. If it works, the result is a signed, enforceable divorce decree, without setting foot in a courtroom.
Which Path Is Right for You?
Choosing between settlement and court depends on your unique situation. Ask yourself:
- Can we communicate and negotiate calmly?
- Is there transparency about finances and parenting?
- Are we both motivated to resolve things efficiently?
If the answer is yes, settlement may be your best route. If not, litigation may be the safest way to protect yourself legally and financially.
Get Guidance from an Experienced Texas Divorce Attorney
At Guest & Gray, we understand that divorce is deeply personal and often complex. Whether you’re hoping for a smooth settlement or preparing for court, our family law team can help you weigh your options, protect your interests, and pursue the path that’s best for you.
Contact our office today to schedule a consultation and take the next step with confidence.
