Texas Contested Divorce Attorneys
What Is a Contested Divorce in Texas?
Your case will be considered a contested divorce in Texas if there is at least one issue regarding the divorce that you and your spouse do not agree upon. However, a contested divorce in Texas does not mean that your divorce case is necessarily contentious or that it will be litigated. It is possible for you and your spouse to agree that the best option to resolve your divorce issues is through the Collaborative Divorce model.
It is also possible that tools such as attorney negotiation, mediation, settlement conferences, or other alternative dispute resolution options could be used to accomplish agreements in a divorce case. A contested divorce in Texas can also include exchanging sworn financial inventories, written discovery, depositions, hearings, and other divorce litigation options. Your family law attorney can help you decide which of these options would be a good fit for your specific situation.
Contested Divorce FAQs
What are the differences between a contested divorce and an uncontested divorce?
An uncontested divorce is when you and your spouse agree to all the terms of your divorce. A contested divorce is everything else, meaning that you and your spouse do not agree on one or more of the issues of your divorce. In many divorce cases that are initially contested, the spouses, with the help of skilled attorneys, are able to reach agreements to resolve their issues. However, in some high-conflict divorce situations, agreements are not possible. In this situation, court intervention will be necessary to finalize the divorce.
What happens if one spouse doesn’t want to divorce?
The desire to divorce is not always mutual. Sometimes, a spouse who wants to remain married believes that by not signing divorce papers or cooperating in the divorce process, they will be able to stop the divorce.
However, under the Texas Family Code, one spouse cannot trap the other spouse in the marriage by refusing to divorce. Rather, this just classifies the divorce as a contested divorce in Texas. If your spouse is refusing to move forward with a divorce, contact us and our Austin, Dallas, Fort Worth, Granbury, Midland or Plano divorce lawyers will guide you through the steps of a contested divorce.
What Are the Steps of a Contested Divorce in Texas?
The basic steps for most contested family law cases include:
1. Petitioner Files Petition
2. Respondent Answers
3. Temporary Orders Hearing*
4. Discovery
5. Mediation
6. Final Trial
7. Closing Documents
*Some cases may have additional hearings if immediate concerns need to be addressed by the court; likewise, some steps in the process may be shortened or skipped.
It is important to note that the steps of a contested divorce depend on the divorce option you choose. A contested divorce in Texas can be settled in a variety of ways, including Collaborative Divorce, mediation, litigation, or negotiation. Every divorce is different, so it’s important to get an experienced attorney who understands your situation and can educate you about the different divorce options that may be the best fit for you.
Work With Our Trusted Contested Divorce Attorneys in Texas
At Goranson Bain Ausley, we understand that a contested divorce can be mentally and emotionally taxing. Our skilled divorce lawyers are highly experienced in managing dispute resolution without escalating conflict. We provide strategic and sound advice to help our clients look past the high emotions of the immediate situation and focus on the future to preserve assets and protect their children. Our contested divorce Texas lawyers are experienced in every aspect of this type of divorce and are ready to help clients by discussing options, strategy, and the best next steps. Contact us today for a consultation and let us help you with your case.
Awards & Credentials
- Thomas P. Goranson 1997
- Thomas L. Ausley 1997
- Diana S. Friedman 1998
- Thomas A. Greenwald 2003
- Kathryn J. Murphy 2004
- Eric Robertson 2007
- Kelly Ausley-Flores 2009
- Aimee Pingenot Key 2015
- Kristen A. Algert 2017
- P. Lindley Bain 2020
- Ryan R. Bauerle 2022
- Lindsey Obenhaus 2023
- Hayley Collins Blair 2021 2018
- Lindsey Obenhaus 2024 2023 2022 2021
- Katie Flowers Samler 2020 2019 2018
- Kathryn J. Murphy 2024 2023 2020 2019 2018 2017 2010 2009 2008
- Aimee Pingenot Key 2024 2020 2019 2017
- Thomas A. Greenwald 2022 2018 2012 2011 2009 2008
- Paula Larsen 2018 2017 2016 2015 2014 2013 2012 2011 2010 2008
- Diana S. Friedman 2017 2016 2015 2013
- Angeline Lindley Bain 2015 2014 2013 2012 2011 2009 2008
- Thomas P. Goranson 2011 2009 2008
- Beth E. Maultsby 2010
- Thomas L. Ausley 1980
- Thomas P. Goranson 1980
- Gary L. Nickelson 1984
- Paula Larsen 1985
- Angeline Lindley Bain 1993
- Kathryn J. Murphy 1995
- Diana S. Friedman 1996
- Kristen A. Algert 1997
- Thomas A. Greenwald 1997
- Eric Robertson 1997
- Kelly Ausley-Flores 2000
- Curtis W. Harrison 2002
- Cindy V. Tisdale 2003
- Jeff Shore 2006
- Clint Westhoff 2006
- Jeff Domen 2009
- Angel J. Berbarie 2010
- P. Lindley Bain 2012
- Aimee Pingenot Key 2012
- Kevin Davidson 2017
- Rob Frazer 2018
- Ryan R. Bauerle 2018
- Hayley Collins Blair 2019
- Lindsey Obenhaus 2019
- Katie Flowers Samler 2019
- Jonathan James 2020
- Chris Nickelson 2021
- Chandler Rice Winslow 2023
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OUR LATEST RESOURCE ON CONTESTED DIVORCE
How to Prepare for a Divorce Deposition and Tips for Testifying in Family Court
Goranson Bain Ausley Partner Tom Greenwald shares insights on how to prepare for a divorce deposition, including tips for testifying in court.
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Attorneys Gary Nickelson, Chris Nickelson, Cassidy Pearson, and Cindy Tisdale have been named to Fort Worth Magazine’s 2024 Top Attorneys list.
