What Does a Contested Divorce Actually Mean?
Preparing for a divorce in Houston or elsewhere in Southeast Texas? If you and your spouse cannot reach an out-of-court settlement, you will need to get a contested divorce. While only a minority of divorce cases in Texas are ultimately contested, it is possible one will be required in your case. At Lindamood & Robinson, P.C., we are experienced litigators who know collaborative divorce well. Here, our Houston divorce lawyer provides an overview of contested divorce in Texas.
A Contested Divorce Means the Court Must Resolve One or More Disputed Issues
Texas law treats a divorce as “contested” when spouses cannot agree on material terms and require judicial intervention. Disputes in divorce cases often involve property division, conservatorship, possession schedules, child support, or spousal maintenance. If a court must make findings and enter orders that bind both parties, it is a contested divorce.
Texas Law Requires Pleadings, Service, and a Minimum Waiting Period
A contested divorce begins with an Original Petition for Divorce filed in a Texas district court. Proper service on the respondent triggers deadlines to answer and assert counterclaims. Texas imposes a mandatory waiting period before a divorce may be finalized. Texas Family Code § 6.702 sets a general sixty-day minimum from filing. Though, that legally mandated waiting period is subject to narrow exceptions such as family violence.
Temporary Orders Govern Finances, Property Use, and Parenting During the Case
Contested cases rarely proceed without temporary orders. Courts allocate exclusive use of the marital residence, set temporary support, restrain dissipation of community assets, and establish interim conservatorship and possession schedules. To be clear, these orders matter a lot even though they are technically only temporary. They shape leverage and often preview final outcomes.
Discovery, Expert Evidence, and Pretrial Motions Drive Case Value
Texas procedure allows formal discovery to test claims and quantify the estate. Parties exchange financial documents, take depositions, and serve interrogatories and requests for production. Business valuations, real property appraisals, and tracing analyses may require experts when separate property claims or reimbursement issues arise. Pretrial motions can narrow issues. If you reach this point in the process, it is imperative that you have a top Houston contested divorce lawyer on your side.
A Trial Resolves Unsettled Issues (Texas Law is Applied By the Court)
If negotiation fails, the court conducts a bench trial or, in limited circumstances, a jury trial on specific questions. For example, judges divide the community estate in a “just and right” manner after weighing factors such as earning capacity, fault in the breakup, and needs of the children. Conservatorship and possession turn on the child’s best interests.
A Contested Divorce Can Still Become an Uncontested Divorce Until it is Finalized
It is important to emphasize that many contested divorces (or at least divorces that started out as contested divorces) are actually settled outside of court. A divorce can be settled at any point in the process until it is finalized. Indeed, there are some contested divorce that are scheduled for trial, or even that go to trial, that are eventually settled late in negotiations.
Contact Our Houston, TX Contested Divorce Attorney Today
At Lindamood & Robinson, P.C., our Houston contested divorce lawyer has the knowledge, skills, and experience that you can rely on. If you have any questions about navigating a contested divorce, please do not hesitate to contact us for a completely confidential consultation. We handle contested divorce cases throughout Southeast Texas.
