If you’re facing a family court trial, you’re not alone—and you’re not without support. At Johnson McNulty, a firm specializing in family law litigation in Texas, we’ve seen a rising number of clients navigating this process since the pandemic. The courtroom can feel overwhelming, but knowing what to expect can make all the difference.

This guide breaks down why trials happen, what the process involves, and how to prepare. Whether you’re fighting for custody, protecting assets, or enforcing a prenup, here’s what you need to know.

Why More Family Cases Are Going to Trial

Since the COVID-19 pandemic, the number of family law cases proceeding to trial has dramatically increased. Society is running hotter than ever—stress, conflict, and economic strain have amplified disputes. As a result, families are more likely to push for courtroom decisions rather than settle outside.

In today’s climate, it often feels like everybody wants a war. And in a war, you need the right allies.

Partners Zena McNulty and Jeff Johnson, board-certified family law attorneys, take a high percentage of their cases to trial. Why? Because they handle high-stakes, high-complexity cases that demand judicial intervention.

Not every question can be answered by compromise—sometimes, only a judge can decide.

What Is a Court Trial in Family Law?

A family court trial is a formal legal proceeding where a judge or a jury hears arguments and reviews evidence presented by both parties. Jury trials in family law are rare, because the number of issues a jury can hear is very limited in Texas. More often than not, a family law case will be decided by a judge. After weighing the facts and applying the law, the judge makes final, legally binding decisions on contested matters such as:

Child custody and visitation
Division of marital property and debts
Spousal support (alimony)
Enforcement or validity of a prenuptial agreement
Parental relocation or geographic restrictions
Claims of financial misconduct or asset waste

Unlike settlement-focused processes such as mediation or collaborative law, a trial is adversarial in nature. This means each party presents their side with the intent to convince the judge to rule in their favor.

Here’s what distinguishes a family court trial from other legal processes:

Courtroom Formality: Family court trials follow strict procedural rules regarding evidence, testimony, and timing.
Presentation of Evidence: Both sides submit documents, call witnesses, and give testimony under oath.
Cross-Examination: Your family law attorney will challenge the opposing party’s claims and test their credibility through cross-examination.
Judicial Decision-Making: The judge applies Texas family law statutes and case law to determine the outcome.
Binding Rulings: The final judgment is enforceable by law and carries long-term legal consequences.

Because the outcome of a trial shapes your financial future and your relationship with your children or spouse, preparation and legal strategy are critical. Trials are not just legal events—they’re defining moments in your family’s story.

Family Law Litigation: What You Need to Know

When Does a Case Go to Trial?
Not every case in family law litigation ends up before a judge—but certain circumstances make a family court trial much more likely.

Some cases can be negotiated and resolved through mediation or informal settlement. However, trials become necessary when clear-cut legal questions or high-stakes issues leave little room for compromise. Here’s when you’re more likely to go to trial:

Black-and-white issues such as:
- Enforcing a prenuptial agreement
- Dividing separate versus community property
- Litigating a waste claim involving hidden or misused assets
- Addressing geographic restrictions on where a child may reside
Minimal gray area: If a dispute centers around documents, statutes, or hard facts, the case may not be suitable for settlement.
High-stakes dynamics: The higher the emotional or financial risk, the more likely it is that one party will choose to take the case to court.
Strategic risk-taking: Often, the party with greater financial resources is willing to roll the dice in hopes of securing a more favorable verdict.

How Do Trial Courts Resolve Conflict?

Trial courts follow a structured process rooted in law and evidence. Here’s how they work:

Evidence-based decisions: Judges rely on testimony, documents, and exhibits submitted by both parties.
Application of the law: The court uses Texas family law statutes and case law to interpret the facts.
Judicial discretion: Judges weigh credibility, evaluate expert opinions, and make rulings where the law is open to interpretation.
No room for mediation: Unlike settlement discussions, trials don’t aim for compromise. The judge’s role is to decide—clearly and finally.

At Johnson McNulty, we treat each trial like a high-stakes strategy game. Success doesn’t come from emotion; it comes from preparation, timing, and control of the facts. Family law litigation requires deliberate legal moves—not reactive ones.

How Long Do Court Trials Last?

There’s no one-size-fits-all answer, but here’s a general breakdown:

Short hearings (temporary orders, enforcement, or procedural matters): 1–2 hours or half a day
Final trials on custody, property division, or support: Usually 1–5 full days
Complex or contested cases involving expert testimony, extensive documentation, or multiple witnesses: May require multiple sessions over several weeks

Keep in mind, however, that the time spent in court is just a fraction of the total process. Preparation, discovery, and strategy meetings take weeks—sometimes months. And courtroom availability in Texas family courts can further affect scheduling.

Average Cost of Family Court Trial

The average cost of a family court trial can vary widely. At a minimum, you’re looking at thousands of dollars in legal fees, expert witness costs, and trial preparation.

For complex cases involving forensic accountants or contested custody evaluations, costs can rise into the tens of thousands.

Litigation is expensive because it’s labor-intensive. But for many clients, the cost of not going to trial—risking an unfair settlement or losing custody—can be even higher.

How to Prepare for Trial in Family Court

Understanding how to prepare for a family court trial is one of the most important steps in securing a successful outcome. It’s not just about gathering documents—it’s about equipping yourself mentally, emotionally, and strategically for what lies ahead.

At Johnson McNulty, we walk our clients through each phase of preparation so that nothing catches them off guard. Here’s what we recommend:

Trust your team

Your family law attorney is your lead strategist and protector in the courtroom. Provide full transparency from the start—especially regarding finances, communications, and any sensitive issues. The more your legal team knows, the stronger your case will be. At Johnson McNulty, we build airtight trial strategies tailored to each client’s unique needs.

Practice your testimony

You will likely be called to testify. Your words matter—and how you say them matters even more. We help you prepare by conducting mock examinations, reviewing likely questions, and coaching you to remain calm and clear, even under pressure. Your credibility can be one of the most powerful tools in your case, and we prioritize helping you feel prepared and confident walking into trial.

Organize your evidence

Whether it’s text messages, financial records, or photographs, evidence is the foundation of your argument. We guide you in collecting, labeling, and presenting this material in a way that meets the court’s standards and supports your position effectively.

Manage your expectations

Not every ruling will feel “fair,” but the law—not emotion—governs the outcome. We counsel you through the emotional highs and lows so that your focus remains on the bigger picture: protecting your interests and your future.

Be emotionally ready

Trials are stressful. You may hear things that are painful or frustrating. We help you stay grounded so you can respond with clarity instead of emotion. Composure in the courtroom shows maturity and credibility, which judges tend to view favorably.

Ready for the Fight? We Are

If your case is headed to a family court trial, you need a team that knows how to win in the courtroom. At Johnson McNulty, we bring strategic precision, deep legal knowledge, and relentless advocacy to every trial we handle.

When the outcome of your case will shape your future, preparation and execution are everything. We’re here to lead, protect, and fight for what matters most to you.

Schedule a confidential consultation today—and let’s build your case with strength and strategy.

Here’s What To Expect if My Family Law Case Goes to Trial