A contested divorce in Texas is one in which you and your spouse cannot agree on at least one issue, such as child custody, property division, or alimony. However, a contested divorce does not mean that your case will be contentious or go to trial.

There are many ways to resolve contested divorces without litigation, such as collaborative divorce, mediation, and settlement conferences. If you and your spouse are unable to reach an agreement on your own, you may need to exchange sworn financial inventories, written discovery, and depositions.

You may also need to attend hearings. Your family law attorney can help you decide which options are best for your specific situation.

Here are some additional tips for dealing with a contested divorce:

Be honest and open with your attorney.
Be prepared to compromise.
Be respectful of your spouse, even if you disagree with them.
Focus on the best interests of your children.
Do not try to go through the divorce process alone.

Contested divorces can be difficult, but they don’t have to be. With the help of a qualified family law attorney at The Law Offices of Richard C. McConathy, you can reach a fair settlement and move on with your life.

Steps of a Contested Divorce in Texas

The basic steps in a contested family law case in Texas are as follows:

The petitioner files a petition with the court.
The respondent is served with the petition and has 20 days to file an answer.
The court may hold a temporary orders hearing to address immediate issues, such as child custody and support.
The parties engage in discovery, which is the process of exchanging information about the case.
The parties may attempt to mediate the case to reach a settlement agreement.
If the parties cannot reach a settlement agreement, the case will go to trial.
After the trial, the judge will issue a final order that resolves all of the issues in the case.

Some cases may have additional hearings or steps, depending on the specific circumstances of the case. It is important to note that the steps in a contested divorce can vary depending on the divorce option you choose.

For example, in a collaborative divorce, the parties work together with their attorneys to reach an agreement without going to trial. In mediation, the parties work with a neutral mediator to reach an agreement.

If you are facing a contested divorce, it is important to consult with an experienced family law attorney. An attorney can help you understand your rights and options and can represent you in court if necessary.

Filing and Serving Divorce Papers

The Texas contested divorce process begins when you file an Original Petition for Divorce with the courthouse in your county. You will need to state your reason for divorce and any requests you have, such as a temporary restraining order or a hearing for child support. The judge will sign off on your paperwork, and then your spouse will be served with the documents.

Here are the steps in a contested divorce in Texas:

File an Original Petition for Divorce with the courthouse in your county.
State your reason for divorce and any requests you have.
The judge will sign off on your paperwork.
Your spouse will be served with the documents.

At this point, your spouse will likely hire a divorce lawyer. It is important to have your divorce lawyer represent your interests and protect your rights.

Your divorce lawyer can help you negotiate a settlement agreement with your spouse. If you cannot reach an agreement, your case will go to trial. The judge will then issue a final order that resolves all of the issues in your divorce, such as child custody, child support, and property division.

Temporary Orders Hearings

After you file for divorce in Texas, the next step is to prepare for the temporary orders hearing. This is a hearing where the judge will decide on temporary arrangements for child custody, child support, and other issues while you and your spouse are waiting for your divorce to be finalized.

It is important to prepare carefully for the temporary orders hearing. You will need to present evidence and have witnesses testify to show the judge that you should get the outcome you are hoping for.

Your divorce lawyer can help you prepare for the temporary orders hearing. They can help you gather evidence, coach your witnesses, and represent you in court.

Here are some tips for preparing for the temporary orders hearing:

Gather evidence to support your case. This may include financial documents, witness statements, and expert reports.
Practice your testimony. It is important to be able to clearly and concisely explain your position to the judge.
Dress professionally and arrive on time for the hearing.
Be respectful to the judge and your spouse’s attorney.

The temporary orders hearing is an important part of the divorce process. By preparing carefully, you can increase your chances of getting the outcome you want.

Negotiations

In a contested divorce in Texas, you and your spouse may be required to attend mediation. Mediation is a process where a neutral third party, called a mediator, helps you and your spouse negotiate a settlement agreement.

During mediation, you and your spouse will sit in separate rooms, and the mediator will go back and forth between you to communicate and help you reach an agreement.

If you can reach an agreement during mediation, you will not need to go to trial. Instead, the mediator will help you draft a settlement agreement that you and your spouse can sign. The judge will then approve the settlement agreement, and your divorce will be finalized.

Mediation is a voluntary process, but it is often required by the court in contested divorces. Mediation can be a great way to resolve your divorce case quickly and amicably, without having to go to trial.

Here are some tips for mediation:

Be prepared to compromise.
Be willing to listen to your spouse’s perspective.
Be honest and open with the mediator.
Focus on the best interests of your children.
Do not be afraid to walk away from mediation if you are not happy with the agreement.

If you are considering mediation, it is important to talk to your divorce lawyer. Your lawyer can help you understand the mediation process and protect your interests.

Divorce Trials

If you and your spouse cannot reach an agreement during mediation, your case will go to trial. At trial, you and your spouse will present evidence and arguments to the judge. The judge will then decide on all of the contested issues in your divorce, such as child custody, child support, and property division.

It is important to be well-prepared for trial. Your divorce lawyer can help you gather evidence, prepare your arguments, and represent you in court.

Here are some tips for preparing for the trial:

Gather evidence to support your case. This may include financial documents, witness statements, and expert reports.
Practice your testimony. It is important to be able to clearly and concisely explain your position to the judge.
Dress professionally and arrive on time for court.
Be respectful to the judge and your spouse’s attorney.

Trial can be a stressful experience, but it is important to remember that the judge is there to make a fair decision based on the evidence. By being prepared and having a good divorce lawyer on your side, you can increase your chances of getting the outcome you want.

Additional tips:

Be honest and truthful with your lawyer.
Be open to compromise, but don’t be afraid to fight for what you believe is right.
Be prepared for the possibility that the judge will not rule in your favor on all issues.
Remember that the divorce process is temporary, and you will eventually move on with your life.

Common Issues in Contested Divorces

Divorce can be a complex and emotionally charged process, especially when it comes to child custody, child support, alimony, and property division. If you are facing a contested divorce in Texas, it is important to have an experienced divorce lawyer on your side.

Child custody is one of the most important issues in a contested divorce. Each parent may have different ideas about what is in the child’s best interest. A professional mental health expert may be needed to perform a best-interest custody evaluation in complex cases.

Alimony and child support are other common issues in contested divorces. Texas law has complex rules for calculating alimony and child support. An experienced divorce lawyer can help you understand your rights and options and can fight to get you the best possible outcome.

Texas is not a community property state, so marital property is divided equitably, not equally. This means that the judge will consider several factors when dividing property, such as the length of the marriage, the contributions of each spouse, and the needs of the children.

If you are facing a contested divorce in Texas, it is important to contact an experienced divorce lawyer to discuss your case. A good divorce lawyer can help you protect your rights and interests and can work to get you the best possible outcome.

Additional tips include:

Be honest and upfront with your lawyer about your financial situation and your goals for the divorce.
Be prepared to compromise, but don’t be afraid to fight for what is important to you.
Be patient and understanding. Divorce can be a long and difficult process, but it is important to remember that it is temporary.

You deserve to have a fair and equitable divorce. With the help of an experienced divorce lawyer, you can achieve the best possible outcome for you and your family.

Contested Divorce Attorney in Tarrant County, TX

If you are seeking a divorce in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, but are having issues agreeing to certain terms of the divorce, you are going to need legal help. Do not be afraid to contact The Law Offices of Richard C. McConathy for help getting the resolutions you are seeking.

We invite you to call (817) 422-5350 or contact us online to arrange a free consultation that will allow us to get a better understanding of your case. You should also know that our firm has extensive experience when it comes to complications of domestic violence-related issues, such as allegations of stalking.