What Is a Contested Divorce in TX?

During a divorce, emotions run high. Even the most amicable divorcing couples are likely to have some disagreements during the process, whether it’s about custody arrangements or who should keep the stake in the summer house.
While most couples are able to work things out and end their marriage without too much drama, it’s not always possible to find common ground. That’s where a contested divorce can come in. But what is a contested divorce in Texas, and how are these cases resolved?

What is a Contested Divorce?

In an uncontested divorce, both parties agree to a set of terms and sign the settlement papers, which is a simple process. A contested divorce occurs when the divorcing couple has disagreements they cannot resolve on their own. If they are unable to reach a compromise on issues such as child custody or property division, then intervention is necessary.
Some contested divorces are between two people who agree on most aspects of the divorce settlement but are unable to resolve one or two issues. Other contested divorces are extremely contentious, with the two divorcing spouses unable to agree on anything or even intentionally trying to cause each other pain throughout the process.

How Are Contested Divorces Resolved in Texas?

When a divorce is contested, there are some options for resolving the case in Texas.
The first option is informal negotiation. Both spouses, with the help of their lawyers, work together to find a compromise and reach a settlement agreement.
Mediation is another way to resolve a contested divorce. This process involves a neutral third party working with the divorcing couple to negotiate and resolve any remaining issues.
If the parties refuse to work together, then the divorce case will be settled in court. A judge will have the final say in all contested matters, and the parties will have to accept those terms. This process can be long, drawn-out, and painful, so it is best to resolve the divorce through more cooperative methods, if possible.

Does Each Party Need Representation?

If you are facing the possibility of a contested divorce, then you and your ex will both need your own legal representation. You will need a lawyer to help you protect your interests and reach a settlement. In the worst-case scenario, your lawyer will also represent you in court and help you create a compelling case.
To learn more about resolving a contested divorce and to discuss your case with an experienced Texas attorney, call our San Antonio law office at (210) 953-7486. We can help you decide how to move forward with your divorce so you can move on with your life.