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