While getting divorced in Texas is never easy, it’s more pleasant for everyone when you and your spouse agree on all or most of the terms. Unfortunately, that doesn’t always happen. If your spouse doesn’t want to get divorced or you can’t agree on issues like custody, the distribution of your shared assets, or alimony, you may end up in an intense legal battle. Knowing how to contest a divorce in Texas is crucial to protecting your rights and interests in these situations.
Commonly Contested Issues in Texas Divorces
Spouses often disagree on key issues when they get divorced in Texas. If they can’t find an amicable way to resolve their differences, these disagreements can turn an already challenging process into a prolonged legal battle. Some of the most commonly contested issues in Texas divorces include:
- Property Division – Texas is a community property state, which means most assets acquired during the marriage are considered jointly owned, and spouses must split them evenly. Deciding who gets what can lead to intense disputes, especially when significant assets like homes, retirement accounts, or businesses are involved.
- Child Custody and Visitation – Determining where any children from the marriage will live and how much time they’ll spend with each parent is often the most emotionally charged aspect of a divorce. Typically, both parents want to play a major role in their children’s lives, which can make it difficult to reach an agreement.
- Spousal Support (Alimony) – Disagreements over whether one spouse should support the other financially after the divorce can be contentious. The spouse expected to pay may feel it’s unfair, while the receiving spouse might argue that support is necessary to maintain their standard of living.
How Long Does It Take to Get a Contested Divorce?
The minimum waiting period for any divorce in Texas is 60 days. However, the contested divorces process often takes much longer—sometimes even a year or more. Here are some factors that can affect the timeline:
- Complexity of Issues – If spouses disagree on major issues like property division, child custody, or spousal support (alimony), resolving them can take a while. The more complex the disagreements, the longer the process.
- Court Schedules – The court’s availability plays a big role in how long a contested divorce case takes. Court schedules are often full, meaning you may have to wait weeks or months for a hearing or trial.
- Willingness to Compromise – The process can move faster if both parties are willing to negotiate and compromise. However, the divorce can drag on if neither side is willing to budge.
- Discovery Process – This legal process involves gathering evidence and information from both parties. If the case requires extensive discovery to evaluate marital assets or address other issues, it can add months to the timeline.
Each divorce is unique, so it’s essential to clearly understand what to expect. Working with a knowledgeable attorney can help you move through this process more efficiently.
How Much Does It Cost to Contest a Divorce?
Every Austin, TX, divorce attorney has a different fee structure. Some attorneys charge by the hour, while others may offer a flat fee for specific services. The costs can add up quickly because contested divorces often involve extensive legal work—like negotiations, court appearances, and discovery.
Before hiring an attorney, make sure you thoroughly understand their fees and what services they will provide. You don’t want to be surprised by unexpected costs down the line. By discussing fees upfront, you can plan your budget and make informed decisions about proceeding with your case.
Is It Better to Compromise or Hold Out in a Contested Divorce?
Deciding whether to compromise or hold out during a contested divorce depends on your situation. Compromising can be beneficial if it helps you reach a fair agreement more quickly, saving you time, money, and emotional stress. Being willing to negotiate can also give you more control over the outcome rather than leaving decisions in the hands of a judge.
However, there are times when holding out might be necessary. If the other party is being unreasonable or crucial issues like child custody or financial support are at stake, it might be worth taking a stand to protect your interests.
Ultimately, the best approach depends on your goals and what you’re willing to negotiate on. A skilled attorney can help you weigh the pros and cons and decide when to compromise and when to stand firm.
Strategies for Contesting a Divorce in Texas
Contesting a divorce in Texas requires a clear plan to protect your rights and interests. Here are some tips and legal strategies to consider:
- Gather Evidence – Strong evidence is crucial when contesting a divorce. This could include financial documents, communication records, or witness statements that support your position.
- Stay Organized – Keep detailed records of all legal documents, court dates, and communication with your spouse and attorney. Staying organized helps you stay on top of your case.
- Concentrate on the Big Picture – While getting caught up in minor disputes is easy, it’s important to focus on the most critical issues. Prioritize what matters most, such as your financial security and relationship with your children.
- Be Willing to Negotiate – Even in a contested divorce, compromise can sometimes lead to better results. Be open to negotiation while still protecting your core interests.
- Hire a Skilled Attorney – Having an experienced attorney on your side can make a huge difference. They can guide you through the process, defect for your rights, and help you build a robust case.
Need Help with a Contested Divorce in Texas? Contact Us Now
A contested divorce in Texas can be a long battle, which makes it crucial to hire a knowledgeable attorney from our law firm as soon as possible. Smith & Bledsoe Family Law has the experience, resources, and determination to protect your rights and help you resolve your contested divorce fairly. Call us today at (512) 277-3166 or reach out online for legal counsel and a free case evaluation. Check out the success stories of our law firm to know why you should trust us with your case.