What is a Contested Divorce in Texas?

A contested divorce in Texas occurs when spouses cannot agree on one or more key issues in the divorce, such as property division, child custody, child support, or spousal maintenance. These cases often involve court hearings, legal motions, discovery, and sometimes a trial.

⚖️ Key Issues within a Contested Divorce

A contested divorce means that spouses do not agree on one or more issues, such as:

• Division of assets and debts
• Child custody and visitation
• Child support
• Spousal support (alimony)
• Who pays legal fees

These disagreements require court involvement to resolve.

🧭 Can Your Case Be Uncontested?

Do you and your spouse agree on key issues?
├── Yes → Try Uncontested Divorce
└── No
    ├── Willing to mediate?
    │   └── Yes → Mediation
    └── No → Prepare for Contested Divorce

📝 Step-by-Step Process of a Contested Divorce in Texas

Here’s how the process generally works:

1. Filing the Petition for Divorce

• One spouse (the Petitioner) files an Original Petition for Divorce with the district clerk’s office in the appropriate county.
• Eligibility: Either spouse must have lived:
  • In Texas for at least 6 months, and
  • In the county where filing occurs for at least 90 days.
• Filing fee: Varies by county, typically $350–$400.

2. Service of Process

• After filing, the Petitioner must legally serve the other spouse (the Respondent) with the divorce papers using:
  • A constable or process server, or
  • By having the Respondent sign a Waiver of Service if they agree to skip formal service.
• The Respondent then has about 20 days + the next Monday to file a response.

3. Respondent’s Answer & Counterpetition

• The Respondent files an Answer, stating they contest the divorce or specific issues.
• The Respondent can also file a Counterpetition, outlining their own demands.

4. Temporary Orders Hearing (if needed)

• Either spouse can ask the court to set Temporary Orders for:
  • Who stays in the home
  • Temporary custody and visitation
  • Child support or spousal support
  • Payment of bills and legal fees
• This can involve a court hearing, with witnesses and evidence.
• These orders stay in effect until the final decree.

5. Discovery Phase

This phase is used to gather evidence and documentation related to finances, property, and parenting. Tools include:

• Interrogatories – Written questions to the other party
• Requests for Production – Asking for documents like bank statements, tax returns, credit card statements
• Requests for Admissions – Asking the other party to admit or deny certain facts
• Depositions – Oral testimony under oath, usually recorded

This step is critical and can take months, especially in high-asset or complex custody cases.

6. Mediation (Mandatory in Many Counties)

• Before trial, courts often require mediation — a structured negotiation with a neutral third-party mediator.
• If both parties agree during mediation, they sign a Mediated Settlement Agreement (MSA), which is binding.
• If mediation fails, the case proceeds to trial.

7. Trial

If the spouses cannot resolve their disputes, the divorce goes to trial.

• Trials can be before a judge or a jury (Texas allows jury trials in divorces, but only for limited issues like custody).
• Both sides present evidence, witnesses, and legal arguments.
• The judge or jury makes final decisions on contested matters.

Trials are costly and time-consuming and can last from a half-day to several weeks, depending on the case.

8. Final Decree of Divorce

• After the judge issues rulings, one attorney drafts a Final Decree of Divorce.
• The decree is signed by both parties (if possible) and the judge.
• It includes:
  • Property and debt division
  • Child custody and visitation
  • Child support/spousal support terms
  • Any other court orders

Once signed, the divorce is final (so long as the 60-day waiting period has passed).

9. Post-Divorce Actions

• Enforcement or modification of orders (e.g., support or custody) may be needed later.
• Either party may appeal the court’s ruling within 30 days if there’s a valid legal basis.

⏳ Timeline of a Contested Divorce in Texas

💰 Costs of a Contested Divorce in Texas

❓ FAQs About Contested Divorce in Texas

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