Marriages go through crises at a point in time. And when it gets to a point where divorce feels like the only option, the process can seem overwhelming. Going through a divorce can be a very traumatizing, difficult and emotional process, especially in cases where both parties disagree on important terms.
What is a Contested Divorce?
In Texas, a contested divorce takes place when a couple cannot agree on some certain terms of their divorce. This process, often more complex than an amicable separation, involves negotiations or court interventions to resolve disputes over assets, child custody, property division, or spousal support, and other critical matters. Unlike an uncontested divorce where parties can amicably decide on all issues, a contested divorce often leads to litigation where a court makes the final decisions.
If you’re going through a contested divorce, this guide will help you understand the process and how having the right attorney by your side can make all the difference.
Let’s explore what it entails and how to effectively manage this process.
Grounds for Divorce in Texas
There are different grounds for divorce in Texas, one could file for a no-fault or fault-based divorce.
A No-Fault Divorce: It could be on the grounds that both partners have just fallen out of love or the marriage has become insupportable due to conflict or discord.
A Fault-Based Divorce: It can be on the grounds of Adultery, abandonment (by the partner for at least one year), living separately for at least 3 years, cruelty, mental issues of one of the partners and in confinement in the hospital.
How Does a Contested Divorce Work?
A contested divorce involves several steps:
Step 1: Filing for Divorce
One spouse (the petitioner) files a divorce petition in court. The other spouse (the respondent) is then served with it.
This is a formal request to the court by the petitioner to proceed with the divorce process. Under Texas law, the petition is filed in the county where either the petitioner or respondent has lived for at least 90 days.
Step 2: Response
Once the petition is filed, the respondent must be formally notified. This is called “service of process,” it’s required under Texas Rules of Civil Procedure Rule 106. The respondent must file an official response, agreeing or disagreeing with the terms stated in the petition. This step can sometimes be without hassle, but it becomes challenging when the respondent is difficult to locate or refuses to cooperate. There must be response within the designated time frame (usually 20 days, according to Texas Rules of Civil Procedure Rule 99).
Step 3: Temporary Orders Hearing
After the divorce petition is filed, the court may issue temporary orders. These decisions are made while the divorce progresses and are governed by Texas Family Code. Temporary orders can cover issues like child custody, visitation, spousal support, and who gets to live in the family home.
Temporary orders are important because they set the tone for the rest of the divorce. The help of an attorney is needed to present the strongest case at this stage, ensuring you have the support you need.
Common Issues Addressed in Temporary Orders
- Spousal Support: Determines whether one spouse will provide temporary financial support to the other.
- Child Custody/Visitation: Decides where the children will live and the visitation schedule during the divorce.
- Family Apartment: Decide which spouse will stay in the family home while the divorce continues.
- Payment of Bills: Determines how household bills will be divided until the final divorce decree.
Step 4: Discovery Process
This is the phase where both partners gather and exchange important information relevant to the case. This can be about financial records, assets, debts, emails, text messages, and anything else that might help clarify the issues in dispute. Discovery in contested divorces is governed by Texas Rules of Civil Procedure Rules 192-199. In a contested divorce, discovery is essential, as it often reveals the details needed to negotiate or prepare for trial.
Step 5: Mediation or Negotiation
The couple may try to resolve their disagreements through mediation, where a neutral third party helps them reach an agreement. Texas courts usually require couples to try mediation before trial, as outlined in Texas Family Code 6.602. In mediation, both parties, with the help of a neutral mediator, try to reach an agreement on the contested issues. It’s less formal than court, and for some, it can be a good way to settle disputes without the stress of a trial.
Mediation can be a stressful experience, but the right preparation and support can lead to a quicker resolution.
Step 6: Court Hearings and Trial
If the couple still cannot agree, the case goes to court. Both sides will present their evidence and arguments, and a judge will make the final decisions regarding property, custody, and other disputed matters. The trial process is governed by the Texas Family Code and related rules in the Texas Rules of Civil Procedure.
Step 7: Final Divorce Decree
Once all issues are settled, the court issues a final divorce decree, officially ending the marriage. Sometimes even after the trial, issues can still arise. Either one party disagrees with the judgment of the court, the outcome or circumstances change, requiring custody or support order modifications. You need the help of a professional attorney to file post-divorce motions or appeals in these situations, as outlined in the Texas Family Code. Whether it’s seeking to adjust a child custody arrangement or enforcing a support order, you need an attorney to make sure the legal process continues to work in your favor.
Why is a Contested Divorce More Complicated?
A contested divorce takes longer and can be more stressful because both spouses must present their arguments in court. This often requires hiring lawyers, gathering evidence, and possibly testifying in front of a judge.
Time frame of a Contested Divorce in Texas
The timeline varies, but contested divorces typically take six months to several years, depending on how many issues are disputed. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but complex cases take much longer.
- Filing the petition takes a few days to a week
- Serving divorce papers takes 1-2 weeks, depending on spouse’s location
- Temporary orders hearing takes 1-2 months after filing
- Discovery process takes 3-6 months, depending on complexity
- Mediation takes 1-2 sessions, usually after discovery
- Trial takes 1-3 days, depending on the case
- Post-Divorce Motions/Appeals vary depending on the issue
The Role of A Legal Representation
During a contested divorce, having an experienced attorney is vital. Because of the legal complexities, it’s highly recommended to hire a divorce attorney. A well-experienced lawyer, who can help protect your rights, navigate the legal system, and work toward the best possible outcome.
In Conclusion
A contested divorce in Texas can be stressful, time-consuming, and expensive. If you and your spouse cannot agree on key issues, the process may involve court hearings and legal battles. If you’re facing a contested divorce, consulting a lawyer can help you understand your rights and work toward a fair resolution.
At The Law Office Of Udo Ezeamama, we know this can be one of the most difficult times in your life. That’s why we’re here to patiently explain every step and ensure you’re prepared for what comes next. We specialize in such cases, providing robust legal strategies that align with their clients’ best interests. The firm’s contested divorce attorneys are adept at navigating the intricacies of the Texas Family Code, ensuring that clients’ rights are upheld throughout the process.