Texas Contested Divorce – What Does That Involve Financially? - Reynaldo Garza, III

A contested Texas divorce is one in which spouses and their divorce lawyers are unable to successfully negotiate the terms of the divorce and draft a divorce agreement to present to the family court.

These cases usually end up decided in a divorce trial where the court hears the arguments of both spouses, then makes a final decision on the issues that they cannot agree on.

The most common issues that result in a contested divorce are those that involve finances and the division of marital assets, especially in high-value divorces.

When this happens and spouses with their attorneys end up going to court, there are two financial aspects that will affect the case: property division and legal services.

The Financial Element of Property Division in A Contested Divorce

Texas divorce lawyers frequently find the division of marital wealth to be of the most contested parts of a divorce where spouses are unable to amicably negotiate through mediation.

One of the reasons is that Texas is a community property state, where all marital property is divisible when the marriage ends.

Complicating that issue further is the fact that attorneys must advise their clients that there is no guarantee of a 50/50 split, meaning one spouse can easily end up with more of the couple’s wealth than the other for various reasons.

Additionally, business ownership, retirement accounts, real estate ownership, stocks, and other large assets can make some divorce processes even more contentious when spouses are unable to compromise and willingly negotiate with each other.

Ultimately, divorce lawyers may see spouses fighting over marital wealth and certain other details in their contested divorce to the point where settling these cases requires the help of a judge and sometimes even a jury in certain limited cases.

Financially, each spouse may believe they are entitled to more of the share; however, to receive that consideration, they and their lawyer must build a suitable case supporting their claim that is strong enough to convince the family court.

The Financial Element of The Contested Divorce Process

The other financial consideration that divorce attorneys must highlight in cases of contested divorces is that they require much more preparation and can take much longer.

When spouses choose to contest their divorce, either from the start or through unsuccessful mediation, the case must go before the family court for issues to be decided for them.

This involves the longer process of spouses and their lawyers first gathering and exchanging evidence, building their cases to support their arguments, and then attending the required court hearings.

In high-stakes divorces, attorneys may also call in expert witnesses like financial or mental health experts to help argue their client’s cases.

Overall, the legal process for a contested divorce usually entails multiple court hearings at best and can take months, if not years, at worst.

Court and legal fees are a significant expense and grow the longer the case takes.

Noting this, experienced divorce attorneys recommend that spouses consider the financial cost of pursuing a contested divorce when weighing their options and whether being more negotiable from the start wouldn’t still turn out better for them financially.

In cases where there are businesses, properties, and other large financial assets at stake, going to trial may end up worthwhile in the long run although it is important to remember the added costs of doing so, too.

Hire An Experienced Divorce Trial Attorney for Help In A Contested Divorce

When Texas spouses cannot work together to develop an acceptable divorce agreement, it is important to involve a divorce trial lawyer experienced with contested divorces.

Ideally, a skilled attorney can help spouses find ways to see eye-to-eye on their differences; however, when issues remain challenging, they also have the experience to successfully represent clients in court.

Whether the issue is the fair dispersal of marital assets, child custody, or some other concern, an experienced contested divorce lawyer will help their client achieve the result that is most financially favorable for them.