Contested Divorce: A Step-by-Step Guide from Longworth Law Firm
When your marriage reaches a point where divorce feels like the only option, the process can seem overwhelming, especially if you and your spouse can’t agree on important terms. Contested divorces in Texas are complex, often involving disagreements over property, custody, or financial support. If you’re navigating a contested divorce, this guide will walk you through the steps, helping you understand the process and how having the right attorney by your side can make all the difference.
At Longworth Law Firm, 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. Whether you’re just starting the process or trying to figure out your next move, this guide will provide some clarity.
Step 1: File the Petition for Divorce
The first step in a contested divorce is filing a divorce petition. This is a formal request to the court to start the divorce process. Under Texas law, the petition is filed in the county where either you or your spouse has lived for at least 90 days, as long as one of you has been a resident of Texas for six months before filing. These residency requirements are outlined in Texas Family Code §6.301.
Grounds for Divorce in Texas
It’s helpful to understand the different grounds for divorce in Texas, whether you’re filing for a no-fault or fault-based divorce.
- No-Fault Divorce: The marriage has become insupportable due to conflict or discord.
- Fault-Based Divorce:
- Adultery
- Cruelty
- Abandonment (at least one year)
- Conviction of a felony
- Living apart (for three years)
- Confinement in a mental hospital (for three years)
You don’t need to have everything figured out to file this petition—it’s just the starting point. At Longworth Law Firm, we ensure all the necessary documents are correctly filed, helping you avoid any mistakes that might slow things down. This is where having an attorney with Texas divorce experience is vital—we’ll make sure everything is done right from the beginning.
Checklist: Documents Needed to File for Divorce
Document/Information |
Purpose/Use |
|---|---|
Original Petition for Divorce |
Officially starts the divorce process |
Proof of Residency |
Verifies that one spouse meets Texas residency |
Financial Records (pay stubs, tax returns) |
Assists in decisions regarding support and division of assets |
List of Assets and Liabilities |
Helps in determining property division |
Details on children’s living arrangements |
Step 2: Serve Divorce Papers
Once the petition is filed, your spouse must be formally notified. This is called “service of process,” it’s required under Texas Rules of Civil Procedure Rule 106. This step can sometimes be straightforward, but it becomes more challenging if your spouse is difficult to locate or refuses to cooperate. Texas law is very particular about how this is done, so having a legal team like ours handle it ensures the service is done correctly.
If your spouse doesn’t respond within the designated time frame (usually 20 days, according to Texas Rules of Civil Procedure Rule 99), we’ll guide you through the next steps. These might involve moving forward without their input. Serving papers can feel stressful, but we’ll help make it as smooth as possible.
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 §105.001. Temporary orders can cover issues like child custody, visitation, spousal support, and who gets to live in the family home.
Temporary orders are crucial because they set the tone for the rest of the divorce. Our job is to help you present the strongest case at this stage, ensuring you have the support you need. We’ll help prepare all the necessary documentation and present your case in court, making sure your rights and interests are protected.
Common Issues Addressed in Temporary Orders
- Child Custody/Visitation: Decides where the children will live and the visitation schedule during the divorce (Texas Family Code §153.002).
- Spousal Support: Determines whether one spouse will provide temporary financial support to the other (Texas Family Code §8.051).
- Use of Family Home: 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
Discovery is the phase where both parties exchange information relevant to the case. This can include financial records, 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.
At Longworth Law Firm, we take the time to ensure all necessary information is collected and analyzed. We’ll request the right documents and help you understand what you must provide. The goal here is to leave no stone unturned, ensuring that you’re fully prepared when it’s time to negotiate or go to trial.
Timeline: Texas Contested Divorce Process
Step |
Estimated Duration |
|---|---|
Filing the Petition |
A few days to a week |
Serving Divorce Papers |
1-2 weeks, depending on spouse’s location |
Temporary Orders Hearing |
1-2 months after filing |
Discovery Process |
3-6 months, depending on complexity |
Mediation |
1-2 sessions, usually after discovery |
Trial |
1-3 days, depending on the case |
Post-Divorce Motions/Appeals |
Varies depending on the issue |
Step 5: Mediation
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.
Having an attorney guide you through mediation can make a big difference. We’ll help you prepare and make sure you don’t agree to anything that isn’t in your best interest. Mediation can be a stressful experience, but the right preparation and support can lead to a quicker resolution.
Pros and Cons of Mediation vs. Trial
Aspect |
Mediation |
Trial |
|---|---|---|
Time |
Quicker – typically resolves in a few sessions |
Longer – may take months to schedule |
Cost |
Usually less expensive than a trial |
More expensive due to extended legal fees |
Control |
Parties have more control over the outcome |
Judge makes the final decision |
Stress |
Less formal, more collaborative |
Can be more stressful, with cross-examinations |
Privacy |
Private and confidential |
Public court records |
Step 6: Prepare for Trial
The case will go to trial if mediation doesn’t result in an agreement. This is where both sides present their evidence and arguments, and a judge will make the final decisions. The trial process is governed by the Texas Family Code §6.703 and related rules in the Texas Rules of Civil Procedure.
Going to trial can feel intimidating, but that’s where our experience comes in. At Longworth Law Firm, we’ve helped countless clients prepare for trial, ensuring their voices are heard in court. We’ll gather all the evidence, help you practice testimony, and make sure you understand what to expect every step of the way.
Step 7: Post-Divorce Motions and Appeals
Even after the trial, issues can still arise. Sometimes, one party disagrees with the outcome or circumstances change, requiring custody or support order modifications. We help clients file post-divorce motions or appeals in these situations, as outlined in Texas Family Code §156.001. Whether it’s seeking to adjust a child custody arrangement or enforcing a support order, we’re here to make sure the legal process continues to work in your favor.
FAQ: Texas Contested Divorce
How long does a contested divorce in Texas usually take?
The timeline for a contested divorce in Texas can vary significantly depending on the complexity of the issues involved and whether the parties can agree on certain matters. On average, finalizing a contested divorce can take six months to over a year. Factors such as court schedules, the need for discovery, and delays in mediation or trial preparation can extend the process.
Do both spouses have to agree to a divorce in Texas?
No, Texas allows for “no-fault” divorce, meaning only one spouse has to claim the marriage is insupportable due to conflict or discord. The process can continue even if one spouse does not want the divorce. If your spouse is contesting specific terms like property division or child custody, that’s where the contested aspect of the divorce comes into play.
Can I still get divorced if my spouse refuses to respond to the divorce papers?
Yes. If your spouse doesn’t respond to the divorce petition within the required time frame (usually 20 days), you can request a default judgment from the court. This allows the divorce to proceed without your spouse’s involvement, but certain rules must be followed, so having an attorney to guide you is essential.
What happens if my spouse and I agree on some issues but not others?
If you and your spouse can agree on certain issues, such as property division or child custody, those agreements can be submitted to the court for approval. Any remaining disputes will then be addressed either through mediation or trial. This can help streamline the process and reduce the time and costs of a fully contested divorce.
What if I suspect my spouse is hiding assets?
In contested divorces, the discovery process ensures full financial disclosure from both parties. If you believe your spouse is hiding assets, we can request financial documents, take depositions, and even work with forensic accountants to uncover hidden assets. Texas courts take transparency seriously, and any attempt to hide assets can negatively impact the spouse attempting to do so.
Can I modify the terms of the divorce after it’s finalized?
Yes, certain aspects of a divorce decree can be modified after the divorce is finalized. This typically applies to child custody, child support, or spousal support arrangements if there’s been a significant change in circumstances. You’ll need to file a petition with the court to request these modifications, and the court will review the new circumstances before making a decision.
Will I have to go to court for a contested divorce?
While it’s possible to resolve a contested divorce through mediation or negotiation, going to court is common where issues like child custody, property division, or spousal support remain unresolved. If no agreement is reached in mediation, the divorce will go to trial, where a judge will make the final decisions. Having an experienced attorney by your side is crucial to preparing for court.
Can I request my spouse to pay for my legal fees?
In some cases, the court may order one spouse to pay for the other spouse’s legal fees, particularly if there’s a significant disparity in income or if one spouse is intentionally prolonging the process. Texas Family Code §6.502 allows temporary orders to provide attorney fees if necessary. We can help you request this if your situation applies.
How Longworth Law Firm Can Help
At Longworth Law Firm, we understand how emotionally draining a contested divorce can be. But you don’t have to go through it alone. Our experienced Texas family law attorneys will stand by your side, guiding you through each step, advocating for your rights, and working tirelessly to secure the best possible outcome for you and your family.
If you’re ready to take the next step or just need some advice on where to begin, we’re here to help. Reach out to Longworth Law Firm today for a consultation, and let’s start putting together a plan that protects your future.