In Texas, you can contest a divorce if you and your spouse cannot agree on one or more issues, such as property division, child custody, or spousal support. A contested divorce involves more complexity and often requires legal assistance.
What is a contested divorce?
A contested divorce happens when spouses disagree on one or more aspects of their divorce. Disagreements can include dividing assets and debts, determining child custody arrangements, or deciding on spousal support. When such disagreements arise, the court will intervene to resolve the disputes.
Steps in a contested divorce
Specific steps must be followed to contest a divorce:
- Filing the petition: One spouse files a petition for divorce, stating the grounds for divorce and the issues to resolve.
- Serving the petition: The other spouse receives formal notification and has the opportunity to respond.
- Discovery phase: Both parties exchange information about their finances, assets, and debts.
- Negotiation and mediation: Both parties attempt to reach an agreement through negotiation or mediation.
- Trial: If both parties do not reach an agreement, the case proceeds to trial, where a judge will make decisions on the contested issues.
Understanding these steps will help you know what to expect.
Considerations for contesting a divorce
Legal representation plays an important role in a contested divorce. You need an attorney to guide you through the complexities and protect your interests. Working through the legal aspects of a divorce presents challenges, and having professional support can ease the process.
Contested divorces often require a significant investment of time and money. Legal fees and court costs can add up, especially if the divorce lasts for months or longer. The process can stretch out due to the need for discovery, mediation, and possibly trial.
Emotional stress is another key consideration. A contested divorce can wear down both parties as they deal with disagreements over important matters such as children, property, or finances. Tension and frustration can build up throughout the process, making it essential to manage emotions while working through the legal steps.
Moving Forward
Understanding the process and implications of a contested divorce will help you make informed decisions during this challenging time.
