5 Signs Your Divorce Might Go to Court

 Posted on August 29, 2025 in Divorce

Most divorces in Texas settle without ever going before a judge. Collaborative law, mediation, and careful negotiation can save time, money, and stress. Still, some cases cannot be resolved outside the courtroom. If you are starting the divorce process, it helps to recognize when litigation may become necessary so you can prepare yourself.

As of August 2025, the Texas Family Code requires that property division, custody, and support orders be either agreed upon by both spouses or decided by a judge. And while many families benefit from compromise, certain situations make courtroom involvement more likely. Our Collin County divorce attorneys can walk through your situation with you and help you understand whether divorce litigation may be in your future – and, if so, what you can do to get ready. 

You and Your Spouse Cannot Agree on Child Custody

Texas law prioritizes the best interests of the child when deciding custody, or "conservatorship." If you and your spouse cannot agree on where your children will live, how decisions will be made, or how time will be shared, the court may need to step in. Judges in Collin County take these matters seriously and expect parents to demonstrate why their proposed arrangement supports the child’s well-being.

One Spouse is Hiding Money

A fair division of property cannot happen without full financial transparency. If one spouse hides income, undervalues business assets, or refuses to provide documentation, settlement becomes difficult. In these cases, litigation may be required so a judge can order financial disclosure or determine the division of assets.

A History of Domestic Violence or Abuse

If there has been abuse in the relationship, working together through collaborative law or mediation may not be safe or realistic. A judge may need to issue protective orders, decide custody and visitation terms, and ensure the safety of both the victim and children. Texas courts take domestic violence allegations seriously, and these cases almost always require court intervention.

One Spouse Will Not Negotiate in Good Faith

Even when no abuse is involved, some divorces become high-conflict because one spouse refuses to compromise. If every conversation ends in hostility, settlement may not be possible. When this happens, the only option may be presenting your case in front of a judge who can make final decisions.

Complex Assets or High Stakes Are Involved

Couples with businesses, significant investments, or complicated property holdings often face disputes that cannot be resolved through informal negotiation. In these high-asset divorces, litigation may be the only way to achieve a fair outcome. Texas is a community property state, meaning most property acquired during the marriage belongs equally to both spouses. However, proving what is separate property versus marital property can become a courtroom issue.

Contact a McKinney, TX Divorce Attorney

Even if your divorce shows signs of going to court, that does not mean settlement is impossible. A Collin County divorce lawyer at The Ramage Law Group can pursue creative solutions while preparing thoroughly for litigation if needed. Call 972-562-9890 today to schedule your free consultation.