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What is a bench trail for divorce

Dallas, TX |

Me and ex husband is going through a divorce and we have a bench trail. whats is that consist of

Attorney Answers 3


  1. All that a bench trial means is that a judge, rather than a jury, is hearing and decding your case, which is the norm for a divorce, and doesn't mean anything "interesting".


  2. Most divorce proceedings never make it to trial. Absent unusual circumstances, you can easily avoid trial if you and your husband can agree on how you will divide the incidents of the marriage, including: (1) rights and obligations with respect to your children, if any; (2) most property purchased during the marriage; and (3) most debts incurred during the marriage. In the usual case, it makes more sense to work out an agreement yourselves than to leave these divisions up to a judge, who has limited knowledge regarding the needs and abilities of the parties. The tricky part is reducing any agreement you reach to an enforceable order. For that, I would certainly advise you to retain competent counsel.


  3. A bench trial is where you argue you case before a judge instead of a jury. It's easier to get a court date and trials are usually much shorter with less complicated issues. Judge's decision is final if it's a final hearing (with the exception of a new trial or an appeal, of course). Usually jury trials are preferred for hotly contested cases with a ton of facts and when you believe you can convince regular people to rule in your favor. A judge tends to stick with the law and what's fair and tends to blow off the nonsense because he's heard the same bs a hundred times.

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