Houston Contested Divorce Attorney

Understanding the Divorce Laws in Texas

Are you getting ready for a divorce in Southeastern Texas? Whether it is a contested divorce or uncontested divorce, it is essential that you know your rights, your responsibilities, and the process under state law. Notable things to know about divorce rules and regulations in Texas include: 

• Texas has a Residency Requirement for Divorce: You do not need to have been married in Texas to file for divorce in the state. That being said, the parties must meet the state’s residency standard. To file for divorce—contested or uncontested—at least one spouse must have been a resident of the state for at least 180 days. Further, that spouse must be a resident of the county the divorce is being filed in for at least 90 days. 
• There are Fault and No-Fault Grounds for Divorce: Under Texas law (Tex. Fam. Code § 6.001), there are both at-fault grounds for divorce and a no-fault ground for divorce. Most people in Texas get divorced on the no-fault ground of insupportability. However, in some contested divorce cases, fault may be an issue. Fault based grounds include adultery, cruelty, felony conviction, and abandonment. 
• Community Property Determines Distribution: Texas is a community property state, which means that all property acquired during the marriage is considered community property and will be subject to division in a divorce. Property acquired before the marriage, or through inheritance or gift, may be considered separate property and not subject to division. To clarify, community property does not always guarantee a 50/50 split. Disputes over property are common in contested divorce cases. 
• Best Interests of the Child for Custody & Visitation: Are you a parent with a minor child? Custody and visitation will be a key part of your contested divorce case. Under Texas law (Tex. Fam. Code § 153.002), all matters related to child custody (conservatorship and possession) will be adjudicated under our state’s best interest of the child standard. If you have any questions about custody or visitation rights, our Houston contested divorce lawyers are more than ready to help. 

What to Know About the Contested Divorce Process

A contested divorce can be especially complicated. It is useful to know how the process will actually work in the state. While every divorce is different, the process follows a similar path. Here are some key things that you need to understand about the process of getting a contested divorce in Texas:  

• An Original Petition for Divorce Must Be Filed: The contested divorce process begins when one spouse files an original petition for divorce. It is a document that outlines the reasons for the divorce and the relief that the filing spouse is seeking from the court, such as property division, spousal support, or custody and visitation rights. It must be properly served on the other spouse—who will have an opportunity to respond. 
• There May Be Temporary Orders Put in Place: During the divorce process, the court may issue temporary orders regarding custody, visitation, child support, and spousal support. These orders are intended to be in effect only until the final divorce decree is issued. Whether temporary orders will be necessary depend on the specific factors of the case. 
• Discovery Will Be Required, Financial Disclosures Must Be Made: Discovery is the process by which each side gathers information about the other’s financial situation and other relevant facts. Notably, financial disclosures must be made in accordance with Texas law. Failing to disclose information could result in serious consequences.
• Mediation or Other Settlement Discussions May Still Occur: Even in a contested divorce case, there may still be opportunities for settlement. Indeed, mediation or other settlement discussions frequently still occur before there is a trial.  
• A Final Divorce Trial Will Be Set: If the parties are unable to reach a settlement, the case will proceed to a final divorce trial. During the trial, each side will present evidence and arguments to the court, which will make a decision on all issues that the parties have been unable to resolve. 

We Provide Aggressive, Comprehensive Family Law Representation

Ramos Law Group is a family and divorce law firm that is committed to providing our clients with aggressive and comprehensive representation in contested divorce cases. With extensive experience litigating complex cases and a proven record of success across a wide array of legal matters, we strive to achieve successful and cost-effective results. Along with other family law matters, our Houston, TX contested divorce lawyers are prepared to help you with: 

• Property division; 
• Debt division; 
• Spousal maintenance; 
• Child custody; 
• Child visitation; and
• Child support. 

A Contested Divorce Case Could Still Potentially Be Settled (Know Your Options)

 In a contested divorce case, it can be easy to feel stressed out, overwhelmed and uncertain about your options. However, it is crucial to remember that there may still be opportunities to reach a settlement with your spouse in a contested divorce case. Settling a case through negotiation—such as mediation—may be the most cost-effective and efficient way to resolve a divorce dispute, while minimizing the emotional toll on both parties. If you have any questions about your options, our Houston contested divorce lawyers are ready to help. 

Contested Divorces in Houston: Frequently Asked Questions (FAQs)

1) What is a contested divorce in Texas?

A contested divorce occurs when spouses cannot agree on one or more major issues, such as child custody, property division, support, or decision-making. When disagreements remain, the case may require court involvement to resolve those issues.

2) How is a contested divorce different from an uncontested divorce?

In an uncontested divorce, both parties agree on the terms and simply need to formalize them. In a contested divorce, disagreements must be resolved through negotiation, mediation, or ultimately a judge’s decision if no agreement is reached.

3) How long does a contested divorce take in Houston?

Contested divorces typically take longer than uncontested cases because of the need for hearings, discovery, and potential trial preparation. The timeline depends on the complexity of the issues and the level of conflict between the parties.

4) What issues are most commonly disputed in a contested divorce?

Common disputes include child custody and visitation schedules, division of assets and debts, spousal support, and control or use of property during the case. Each of these issues can significantly affect the outcome.

5) What are temporary orders in a contested divorce?

Temporary orders are short-term court rulings that set expectations while the divorce is pending. These can include parenting schedules, financial responsibilities, and use of the marital home. They often influence the direction of the case.

6) Will my contested divorce go to trial?

Not always. Many contested divorces are resolved through negotiation or mediation before reaching trial. However, preparing as if the case may go to court is often important in order to protect your position.

7) What role does mediation play in a contested divorce?

Mediation allows both parties to attempt resolution with the help of a neutral third party. It is commonly used in contested divorces to narrow or resolve disputes before trial.

8) How can a Houston contested divorce attorney help my case?

A contested divorce attorney helps organize evidence, develop a legal strategy, handle court procedures, and advocate for your interests. This includes preparing for hearings, negotiations, and trial if necessary.

9) What should I do to prepare for a contested divorce?

Start by gathering financial documents, creating a timeline of events, documenting parenting involvement, and identifying your priorities. Clear documentation can make a significant difference in contested cases.

10) How do I choose the right contested divorce attorney in Houston?

Look for an attorney with experience handling contested cases, strong organization, and a clear communication style. The right fit depends on your case’s complexity, level of conflict, and what is most important to protect.

How the Contested Divorce Attorneys at Ramos Law Group Can Help

Divorce is hard—especially so if you are preparing to navigate a fiercely contested divorce that could end up in litigation. At the Ramos Law Group, PLLC, we are a trial-tested family law firm that is devoted to protecting the rights and interests of our clients every step of the way. You deserve proactive representation. Among other things, our Houston contested divorce attorneys will: 

• Hear what you have to say and answer your questions;
• Gather and organize relevant evidence and documentation; 
• Handle the contested divorce paperwork; 
• Represent you in any settlement negotiations; and
• Prepare your case for divorce litigation.  

As every divorce case is different, it is imperative that you have fully personalized legal guidance and support from a Houston contested divorce lawyer who will put in the time and resources to handle your case the right way. With extensive client testimonials and a track record of success, people in Southeast Texas count on our contested divorce attorneys when it matters most. 

Schedule a Fully Confidential Consultation With a Top Houston contested Divorce Lawyer 

At the Ramos Law Group, PLLC, our Houston contested divorce lawyers are aggressive, experienced, and litigation-tested advocates for clients. Reach out to us by phone at 713-225-6200 or contact us online for your strictly private, no strings attached consultation. With family law offices in Houston, The Woodlands and Sugar Land, we provide contested divorce representation across Southeast Texas, including in Harris County, Fort Bend County, Montgomery County, and Brazoria County.