Contested divorces in Texas involve disputes over property, custody, or support that prevent a couple from reaching an agreement. These cases tend to take longer, cost more, and require court involvement. This guide explains what a contested divorce is, what steps are involved, and how issues like debt division, custody battles, and child support impact the process. With experienced legal support, you can protect your rights and move toward a resolution that works for you and your family.
How to Navigate a Contested Divorce in Texas
During a Texas divorce, when disagreements arise over property, finances, or children, you’re likely dealing with a contested divorce. These cases are common across Texas, where families face complex legal, emotional, and financial questions. At C.E. Borman & Associates, we offer strategic guidance in high-conflict divorces, property division cases, and custody disputes involving fathers.
Many spouses do not initially realize their situation is contested. One partner may want to negotiate, while the other refuses to cooperate, leading to delays, stress, and litigation. If you are thinking about divorce in Texas or dealing with a divorce, understanding this process is essential. Contested cases often involve major disagreements about separate property, community property, custody schedules, or whether one spouse is hiding forgotten assets.
Unlike an uncontested divorce, a contested divorce is usually more expensive, more time-consuming, and more emotionally taxing. It helps to review our blog on the difference between contested and uncontested divorce in Texas to understand which applies to your case.
What Is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on one or more terms of their divorce. This often includes who gets what property, how to divide debts, who receives custody, and how much child or spousal support should be paid. In many cases, the couple may agree on most terms but disagree on one major point that requires litigation.
These divorces involve court hearings, detailed discovery, and sometimes even trial. Texas courts require spouses to participate in the legal process through document production, negotiation, and possible mediation.
Common Disputes in Contested Divorce Cases
Property division is one of the most difficult issues. Disagreements may arise over how to divide community property fairly, especially if one party owns a business or inherited assets. We often see confusion around how courts divide debts and what qualifies as fair and equitable.
When children are involved, the stakes are even higher. One parent may want full custody, while the other demands equal time. Many parents also experience the emotional toll of parental alienation or struggle to navigate child support obligations.
The Legal Process for Contested Divorce in Texas
The divorce process begins with a petition and may involve several phases:
- Filing and Response
One spouse files for divorce, and the other has a set time to respond. If no agreement can be reached, the case proceeds. - Discovery and Negotiation
Both parties exchange financial and personal information. Attorneys attempt to negotiate. We often help clients negotiate settlements that avoid court. - Hearings or Trial
If no agreement is reached, the case goes to trial. This phase can be time-intensive and requires preparation.
How Long Does a Contested Divorce Take?
Each case is unique, but generally, most contested divorces in Texas take between six months and two years. The timeline depends on cooperation between spouses, court availability, and the complexity of issues involved. Speaking openly and honestly about your situation with your family law attorney can help them advise you on what a realistic timeline could look like for you.
After the Divorce: What Comes Next?
Even once a divorce is final, legal issues may continue. You may need help with modification of custody or support, or you may face enforcement challenges. For example, some parents need guidance around child visitation rights or enforcement when a parent does not comply.
In other cases, you may need to focus on what happens next in your life. Our team shares insights on what you need after a divorce to support you through this transition.
Speak With a Texas Divorce Lawyer Today
If you are navigating a contested divorce in Texas, C.E. Borman & Associates is ready to advocate for your rights and protect your future. Our divorce attorneys serve clients throughout Bryan and College Station in even the most high-conflict divorces. Contact us today to schedule your consultation.
Frequently Asked Questions: A Complete Guide to Navigating a Contested Divorce in Texas
- What makes a divorce contested in Texas?
A divorce is considered contested when spouses cannot agree on one or more major issues such as child custody, property division, or spousal support. This often leads to litigation and court involvement. - How long does a contested divorce usually take?
Contested divorces typically take several months to over a year, depending on the complexity of the case and how willing each party is to cooperate during the process. - Is a contested divorce more expensive than an uncontested one?
Yes. Contested divorces often involve more legal fees, court appearances, and time, making them significantly more costly than uncontested divorces. - Can a contested divorce become uncontested?
Yes. If both parties reach agreements on all major issues before or during the legal process, the divorce can proceed as uncontested, which simplifies and speeds up the case. - What are the most common issues in contested divorces?
Common areas of conflict include child custody, division of marital property and debts, spousal support, and disagreements over business ownership or inheritance. - Do I need a lawyer for a contested divorce in Texas?
Absolutely. Because contested divorces involve court proceedings and complex negotiations, working with a qualified divorce attorney is crucial to protect your interests and ensure compliance with Texas law.
