What Is a Contested Divorce in TX?

Divorce is often an emotional and challenging process, especially when there are significant disagreements between the spouses. Even in cases where couples generally get along, it’s not uncommon for disputes to arise over key issues like child custody, division of property, or alimony. These disagreements can lead to a more complicated divorce process.

While many couples are able to resolve their issues amicably and move forward with minimal conflict, not every marriage ends smoothly. When spouses cannot reach an agreement on important matters, the divorce becomes “contested.” But what exactly does this mean in Texas, and how are contested divorces handled?

A contested divorce occurs when the spouses are unable to agree on one or more terms of the divorce, requiring intervention from the court. Issues such as child custody, asset division, and spousal support often lead to contested divorces. In such cases, the court steps in to resolve these disputes, and the process can take longer and involve more legal complexities than an uncontested divorce. Understanding the dynamics of a contested divorce in Texas is crucial for anyone facing this challenging situation, as it can affect the outcome of your divorce and impact your future.

What is a Contested Divorce?

In an uncontested divorce, both parties mutually agree to the terms of the divorce and sign the settlement papers, making the process relatively simple and straightforward. The couple collaborates on important issues such as property division, child custody, and alimony, and with their agreement in place, the divorce can proceed with minimal conflict. This type of divorce typically results in a quicker, more amicable resolution.

In contrast, a contested divorce occurs when the divorcing couple has significant disagreements they are unable to resolve on their own. These disputes often revolve around critical issues such as child custody, property division, spousal support, or other personal matters.

If the couple cannot come to a resolution or compromise, intervention by the court is necessary. The judge will then step in to make final decisions on the contested matters, which can result in a more complex, time-consuming, and emotionally draining process.

Some contested divorces involve couples who agree on the majority of the terms but struggle to resolve one or two key issues, such as custody arrangements or the division of a specific asset. These types of cases may still be contentious but are typically easier to settle with the help of mediation or legal guidance.

However, other contested divorces can be highly adversarial, with both parties unable to agree on anything. In these situations, emotions often run high, and one or both spouses may even engage in behaviors aimed at causing harm or emotional distress to the other, prolonging the divorce and making the resolution even more challenging.

How Are Contested Divorces Resolved in Texas?

When a divorce is contested, there are several potential options for resolving the case in Texas, each offering different levels of involvement from the spouses, attorneys, and the court. The first option is informal negotiation, which allows both spouses, with the assistance of their respective lawyers, to work together in an attempt to reach a fair compromise.

This approach often focuses on finding common ground and avoiding lengthy court battles, as both parties aim to negotiate and settle their differences outside of formal legal proceedings. With the guidance of experienced legal counsel, spouses can discuss key issues such as property division, custody, and alimony to come to a mutually agreeable resolution.

Another method for resolving a contested divorce is mediation. In this process, a neutral third-party mediator helps facilitate discussions between the divorcing couple, encouraging open communication and helping them negotiate a solution to any remaining disputes.

The mediator does not make decisions for the couple but works to guide them toward a settlement. Mediation can be an effective and less contentious approach to resolving complex issues, and it often leads to a quicker and less expensive outcome than going to court. However, mediation requires both parties to be willing to cooperate and compromise.

If informal negotiation or mediation fails, and the spouses are unable or unwilling to work together, the divorce case will proceed to court. In this scenario, a judge will have the final authority in deciding all contested matters, including child custody, property division, and financial support. Once the judge makes their ruling, both parties are bound by the decision and must accept the terms, even if they disagree with the outcome.

This court-driven process can be long, emotionally exhausting, and expensive, often stretching over several months or even years. Given the potential for conflict and prolonged emotional strain, it is generally in both parties’ best interest to attempt to resolve the divorce through more cooperative methods, such as negotiation or mediation, before resorting to litigation.

Does Each Party Need Representation?

If you are facing the possibility of a contested divorce, then you and your ex will both need your own legal representation. You will need a lawyer to help you protect your interests and reach a settlement. In the worst-case scenario, your lawyer will also represent you in court and help you create a compelling case.

To learn more about resolving a contested divorce and to discuss your case with an experienced Texas attorney, call our San Antonio law office at (210) 953-7486. We can help you decide how to move forward with your divorce so you can move on with your life.