What Is Contested Divorce In Texas?
A contested divorce is a family law situation that occurs when spouses cannot agree on essential terms of their divorce, often related to child custody, support or property division. In these cases, each spouse can benefit from the services of a skilled Texas contested divorce attorney who can provide guidance through the process and help negotiate and fight for desired results.
For top-tier legal representation, turn to Lackey Law Firm, P.C. Led by Alicia Lackey, a lawyer known for her empathetic approach, the firm specializes in family law and divorce. With over a decade of legal experience and certification in family law mediation, clients here in Austin and across Texas get personalized representation in their divorces.
Grounds For Contested Divorce In Texas
In Texas, you can file for a fault-based contested divorce on the following grounds:
- Adultery: When one spouse has been unfaithful.
- Cruelty: When one spouse has been physically or emotionally abusive.
- Felony conviction: If a spouse has been convicted of a felony and imprisoned for at least one year.
- Abandonment: If a spouse has left the other for at least one year with no intention of returning.
There may be other reasons you can file a fault-based divorce in Texas. Alicia and her team can help you understand whether this approach is appropriate for your divorce case.
Timeline For A Contested Divorce
Fault-based contested divorces usually follow the following timeline in Texas.
- Respondent answers to first papers being filed: The respondent must answer the initial divorce petition. Filing first can offer strategic advantages, such as setting the tone for the proceedings and potentially choosing the jurisdiction.
- Temporary orders: Temporary orders address immediate needs like child custody, support and property use. You may need to attend a court hearing for these orders.
- Discovery: During discovery, both parties exchange information. This phase may involve forensic accountants, who help uncover financial details and ensure fair asset division.
- Mediation: Even in contested divorces, mediation is crucial. It helps both parties negotiate and potentially reach an agreement without a lengthy trial.
- Final trial: If mediation fails, the case goes to trial. Here, a judge will make decisions on unresolved issues.
- Closing documents: After the trial, closing documents finalize the divorce. These include the final decree, which outlines the court’s decisions.
How Long Does A Contested Divorce Take In Texas?
A contested divorce in Texas has a minimum waiting period of 60 days from the filing date. However, the entire process can take several months to years. The length of your divorce will depend on the complexity of your case and the level of disagreement between you and your spouse.
How Much Does A Contested Divorce Cost In Texas?
You should budget at least $7,000 for a contested divorce in Texas, though the total cost could be much higher. This figure also doesn’t account for the additional expenses you may face outside of divorce proceedings, such as relocation, refinancing and therapy. While divorce can and should be as affordable as possible, remember that you get what you pay for. Hiring an efficient attorney who knows the law can be crucial in securing a strong outcome for your case (and may save you money in the long run).
Partner With An Experienced Contested Divorce Attorney In Texas
A contested divorce presents unique legal challenges. However, with the right legal support, you can confidently navigate the process.
Alicia and her team of experienced attorneys specialize in contested and collaborative divorce and possess the skills to navigate the legal process and get results. With a deep knowledge of the courts in the Austin area and throughout Texas, we can provide invaluable guidance and representation, lightening the load and strain on you and your family.
Contact Lackey Law Firm, P.C., at 888-705-0307 or fill out our online form to schedule a consultation at our Fredericksburg, New Braunfels, Austin, The Woodlands or Corpus Christi offices.