Although every Texas divorce follows the same general path to completion, a contested divorce will be somewhat different than one that is uncontested.

Divorce lawyers explain that contested divorces can be more time-consuming and involved since they revolve around some kind of disagreement between the two spouses.

When working through a divorce situation that begins with disagreement, divorce attorneys recommend that spouses understand the extra steps involved so there are no surprises along the path of a contested divorce.

What Defines A Contested Divorce?

A contested divorce is one where there is some kind of disagreement between the filing spouse and the served spouse that affects the course of the divorce process.

Whether the disagreement is simply that one spouse does not wish to end the marriage or relates to more complex issues such as child custody or marital asset disagreements, divorce filed on grounds or some other reason means that the spouses do not see eye-to-eye at the start and skilled negotiation will be required.

The services of divorce lawyers experienced with contested situations are essential, as many of these cases progress to a court hearing so a judge can make certain decisions when no agreement can be made.

What Is The Process Involved In A Contested Divorce?

Every divorce begins with the filing of papers by one spouse and the serving of the other spouse.

When spouses agree to an uncontested divorce, the process moves quickly, with the spouses and their divorce attorneys working together to negotiate as required.

The end goal is to produce an agreement that can be presented to the court for approval by the judge, who will sign it to finalize the divorce.

In the case of a contested divorce, contested divorce lawyers play a critical role in assisting their clients through additional steps that are required when spouses are in any sort of disagreement:

Temporary Orders - The purpose of temporary orders is to provide a temporary solution to certain issues that may come up while the case is in negotiation. Depending on the circumstance, divorce attorneys may request accommodations, child custody and care, finances, the protection of case evidence, and more.
Sharing of Information - To resolve disagreements in a contested divorce, spouses and their divorce lawyers must gather and exchange information and evidence of various types to support their arguments and facilitate negotiation. Negotiation through mediation may occur as with any other divorce; however, these cases frequently progress to a court hearing when mediation fails or is assumed unsuitable for resolving those disagreements.
Going to Trial - With evidence collected and information exchanged between the parties, contesting spouses and their divorce attorneys will move to a court trial where a judge can hear all arguments, then make suitable decisions for the divorcing couple. Once agreements are reached, a final decree is drafted and then signed by the judge to finalize the contested divorce. Disagreements may then be resolved through appeal or by filing for modifications to the divorce order.

How Long Will A Contested Divorce Take?

A divorce in Texas takes a minimum of sixty-one days per the mandatory waiting period of sixty days post-filing.

Contested divorces may take longer than that since they involve evidence-gathering, information-sharing, intense negotiations, and many times a court hearing.

Depending on their complexity, contested divorces can take anywhere from weeks to months or even years to complete.

How Does A Contested Divorce Lawyer Help Clients Prepare?

Contested divorce lawyers play critical roles in these more challenging divorce cases, as they require experienced case-building and evidence-gathering to support a client’s argument against the other spouse.

Attorneys understand and protect their client’s rights as these cases are built, prepare them for their court hearings, and skillfully represent their clients in front of the court while acting in their best interests.

Always Work With A Skilled Contested Divorce Attorney

Though spouses may not agree on every detail heading into their divorce, there are some disagreements that are more challenging to resolve than others.

Texas spouses who find themselves in difficult divorce situations need the assistance of contested divorce attorneys who understand the process and can offer creative solutions for resolving disagreements.

A lawyer experienced with these cases will work in their client’s best interest through negotiations and court hearings to reach agreements as quickly and fairly as possible!

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What Do You Know About The Path of A Contested Divorce in Texas?