Contested Divorce

When you and your spouse cannot agree on important issues, a contested divorce allows the court to resolve those disputes. While many divorces are settled through negotiation, Mediation, or Collaborative Divorce, some situations require a judge to make decisions regarding property division, child custody, child support, or spousal maintenance.

If your divorce becomes contested, having an experienced attorney to protect your interests, explain your legal options, and prepare and present your case is important. With over 30 years of Family Law experience, Paula Lock Smyth represents clients throughout every stage of the contested divorce process.

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What Is a Contested Divorce?

A contested divorce occurs when spouses cannot reach an agreement on one or more issues that must be resolved before the divorce can be finalized. While some cases remain contested through trial (and sometimes afterward), many are resolved before reaching the courtroom through informal or structured negotiations or Mediation.

Contested issues may include:

Division of marital property and debts
Child custody, possession and parenting arrangements
Child support
Spousal maintenance
Attorney’s fees and court costs

Even when disagreements exist, resolving as many issues as possible before trial often saves time, expense, and stress.

What Happens During a Contested Divorce?

Every case is different, but a contested divorce typically involves several stages. After the divorce is filed, each party gathers financial information, exchanges documents and information, and works with their attorney to evaluate the issues that must be resolved. Temporary court orders may be requested to address matters such as custody, child support, temporary exclusive use and possession of the family home, or payment of household expenses while the divorce is pending.

In many Texas courts, Mediation is required before a case can proceed to trial. If a Mediated Settlement Agreement cannot be reached, the court, and sometimes and jury, will hear evidence from both parties and make the final decisions.

Is a Trial Always Necessary?

No. Filing a contested divorce does not necessarily mean your case will end up in a courtroom. In many cases, spouses resolve some or all disputed issues before trial through negotiation, Mediation, or agreements reached during the discovery process.

Even if a trial becomes necessary, preparing your case thoroughly throughout the process helps you make informed decisions and present your position effectively if the court must decide the remaining issues.

How Can an Attorney Help During a Contested Divorce?

A contested divorce often involves complicated financial, legal, evidential and emotional issues. An attorney can explain your rights, help you understand the strengths and weaknesses of your case, gather evidence, negotiate when appropriate, prepare for and argue for you in court if necessary.

Throughout the process, Paula Lock Smyth works to protect her clients’ interests while pursuing practical solutions whenever possible. Although some cases require litigation, many contested divorces settle before trial.

Contact Paula Lock Smyth Law Offices

If you are facing a contested divorce or have questions about your legal options, contact Paula Lock Smyth Law Offices at 214-420-1800 or contact the firm online to schedule a consultation.

Frequently Asked Questions

What makes a divorce contested?

A divorce is considered contested when spouses cannot agree on one or more issues that must be resolved before the divorce can be finalized. Those disagreements may involve property division, child custody, child support, spousal maintenance, or other matters.

Can a contested divorce be settled before trial?

Yes. Many contested divorces are resolved before trial through negotiation, Mediation, or agreements reached after additional information is exchanged.

How long does a contested divorce take?

The timeline depends on the complexity of the issues, the level of disagreement between the parties, the court’s schedule, and whether a settlement is reached before trial. Although there is a minimum waiting period of 60 days before a divorce can be granted, most contested divorces take months and sometimes years after the waiting period has expired.

Will I have to appear in court?

Possibly. Some court appearances may be necessary during a contested divorce, particularly if temporary orders or a trial is required. However, many cases are resolved before reaching a final trial.

Can issues be resolved even after a divorce is filed?

Yes. Filing for divorce does not prevent spouses from continuing to negotiate. Agreements can often be reached throughout the divorce process, even after litigation has begun.

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What People are Saying

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