We Handle Contested Divorce Cases in Houston, The Woodlands, Sugar Land, and Throughout Southeast Texas
At the Ramos Law Group, PLLC, our Houston contested divorce lawyers are committed to protecting the things that matter most. With a sole focus on family law and extensive litigation experience, our legal team has the skills and expertise to help clients navigate even the most challenging of divorces.
If you have concerns about contested divorce, we are here to help. To arrange your completely confidential, no obligation initial consultation with a top Texas divorce attorney, please give us a call at 713-225-6200 or contact our Houston law office directly online.
What Is a Contested Divorce?
A contested divorce in Texas refers to a type of divorce where the spouses cannot reach an agreement on important issues such as property division, child custody, child support, and/or spousal support. In such cases, the court will have to intervene and make decisions on these issues. A contested divorce stands in contrast to an uncontested divorce, where the parties are able to reach an agreement on all material family law issues.
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)
How Long Will It Take to Go Through Divorce Litigation in Texas?
The length of time it takes to go through divorce litigation in Texas can vary depending on several factors, such as the complexity of the issues, the level of conflict between the spouses, and the court’s availability. In general, a divorce trial can take several months to several years to complete. A contested divorce takes longer than an uncontested divorce.
Will Fault Be an Issue in My Contested Divorce Case?
In Texas, fault can be a factor in a contested divorce case. Texas law allows for both fault-based and no-fault divorces. If the divorce is contested and fault is an issue, the court may consider factors such as infidelity, cruelty, abandonment, or other misconduct. That being said, fault is not always an issue in contested divorce cases. In some contested divorces, the conflict is over more forward-looking issues, such as property division, spousal maintenance, or child custody.
Does It Make Sense to Try to Settle My Contested Divorce?
As a general rule, it does make sense to try to settle a contested divorce. A divorce settlement can save time and money. That being said, there are situations where settlement is not possible. In these cases, it may be necessary to proceed with divorce litigation to protect your rights and interests.
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.
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Divorce – Think of the children
Work on being flexible with the other parent.
The importance of gathering information.
Tip – Filing your original petition
There are several things to gather and consider.
Our Client Testimonials
The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.
"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."
"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "
"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "
"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "