As a family law attorney here in Texas, I’ve seen many clients think they are going to have a smooth, uncontested divorce. Then as soon as serious discussions about who gets the house and custody of the kids get underway, they soon realize they might be headed for a contested divorce. When they start wondering is it worth contesting a divorce, calls like I got from Terry start coming my way.

Terry’s Divorce Case

“Chris, things have changed since we last spoke,” Terry began. “I thought we could work things out on our own, but now that we’re actually talking about ending our marriage, it’s turning into arguments.”

“I understand, Terry. Confronting these issues can change things. What’s proving difficult to work out?” I asked.

“It’s about the kids and where they’ll live. We want them to stay in the house to keep things stable,” he explained. “We thought we could share the house, taking turns living there while the other stayed nearby, but it’s not working out.”

“Are you realizing that shared arrangement isn’t realistic?” I asked.

“Yes,” Terry admitted. “We both want primary custody and for the kids to stay in the house. Now, we’ve got a fight on our hands.”

“Most couples don’t want a fight,” I said, “but when you can’t agree on the fundamentals, a contested divorce is sometimes necessary. It can be stressful and expensive, but it’s often worth it to protect your priorities.”

“Thanks Chris, I can use all the information I can get,” he said.

Divorce is never easy. Many people like Terry ask the question, “Is it worth fighting a divorce?” In Texas, you have options for a no-fault divorce, uncontested divorce, or contested divorce. All of them have legal implications.

So is it worth fighting a divorce if you are dealing with a spouse who won’t budge? This article will answer that question and dive into Texas divorce law. We’ll cover the big factors like property division, child custody, spousal support and the emotional toll.

Is It Worth Fighting A Divorce in Texas?

In Texas, the type of divorce you pursue, such as a contested divorce, occurs when you and your spouse can’t agree on the terms of your divorce. Those terms involve property division, child custody, child support, as well as spousal maintenance. Unlike uncontested divorces which are faster and cheaper, contested divorces involve court hearings, a potential trial and more time with lawyers. That means more lawyer fees too.

A contested divorce can also harm children causing anxiety or other problems due to parental conflict. Establishing paternity and parental rights is sometimes an issue in these contested cases.

Reasons to Fight A Divorce

While an uncontested divorce can be smooth sailing, sometimes aided by a prenuptial agreement, there are several scenarios that require a contested divorce such as:

• One spouse is being unreasonable who won’t budge.
• Concerns about a child’s well-being and a parent wants full custody because the other spouse is neglecting, abusing or unstable.
• Hidden assets so marital property can’t be divided fairly.
• Big assets in high net worth marriages where significant assets are involved, making division of assets complex and necessitating a divorce attorney to help identify and value these assets during the process.

Texas Divorce Law

Texas is a community property state. That means property acquired during marriage is owned 50/50. During a contested divorce the judge will consider community property when dividing property after separation.

A Texas divorce lawyer is important because Texas also recognizes separate property. Separate property includes property owned before marriage, gifts received individually and inheritances. Proof of separate property ownership is key and often requires documentation. Your lawyer can walk you through this process. They can also help determine if spousal support will be needed. A family lawyer can handle all the intricacies of Texas divorce law for you.

Child Custody Disputes in Texas

Texas courts always prioritize the child’s best interest. They consider factors like the parent’s ability to provide a stable and nurturing environment:

• Each parent’s financial situation
• Emotional health
• Work schedules

These factors can affect child custody decisions and modifications to the current arrangements. This is especially important in joint custody cases or when changes are needed to ensure a stable home and healthy amounts of co-parenting time in Texas.

Texas Custody Law

Texas custody law focuses on two main things: Managing Conservatorship and Possession.

• Managing Conservatorship: This is about parental rights and duties, including who makes important decisions. Texas courts usually prefer Joint Managing Conservatorship, so both parents support the child.
• Sole Managing Conservatorship: This can be awarded if there is harm, neglect, or abuse.
• Possession: This refers to the child’s primary residence and visitation schedules. Sometimes, a family law order needs to be enforced to ensure parental access. A child access enforcement lawyer can help with compliance and enforcement in these issues. Changes might be needed over time, and divorce modifications for custody can be discussed when circumstances change. This is especially true when joint managing conservatorship needs adjustments after a custody hearing.

Contested Divorce Costs

Contested divorces can be more complicated and costly than uncontested ones. Here’s what you need to know:

• Legal Fees: You’ll have more meetings with your divorce lawyer, which means higher attorney fees. Court fees and sheriff’s service fees for serving divorce papers also add up.
• Court Costs: These vary depending on the custody decisions made. If there’s a need for a temporary custody order, costs can increase.
• Additional Expenses: Include court reporter fees and filing fees. A divorce lawyer can estimate the total costs of a contested case.
• Impact on Parental Rights: You might need to consider how the divorce affects your legal rights as parents, including arrangements that require a mother’s consent.

Here’s a quick comparison of the costs and time frame for different types of divorces:

Sometimes, the outcome of a contested divorce is worth the extra cost, especially when important issues like child custody or significant assets are involved. Ultimately, making it a cost-effective option for you.

Contested Divorces are Stressful

The legal process can be incredibly stressful, especially when it involves high-conflict divorces that affect family relationships and well-being. A contested divorce with frequent disagreements is often more stressful than an uncontested divorce.

High Asset Divorces: These cases can result in longer divorce proceedings, particularly when there’s evidence of hiding assets. This can cause emotional distress and break down amicable negotiations. Spouses may be unwilling to give up a favorable split or arrive at a fair property division arrangement, especially when one party is hiding or misrepresenting assets.

Role of an Experienced Divorce Lawyer: An experienced divorce lawyer is crucial in managing the emotional and legal complexities of a contested divorce. They offer legal representation to parties during the process, ensuring fair asset and property division.

Therapy and Support Systems: Therapy and support systems are invaluable during family law cases, especially contested divorces and modifications. A well-thought-out parenting plan can help minimize the impact of the divorce on children.

Legal Considerations: It’s essential to consider whether legal enforcement is needed for child custody arrangements, especially when paternity is in question. A child custody lawyer can provide advice based on relevant laws in your jurisdiction, as some areas may require more frequent court order enforcement.

In summary, contested divorces are complex and demanding, requiring careful navigation of both emotional and legal challenges. Engaging experienced professionals and support systems can make a significant difference in managing these challenges effectively.

Weigh the Options

Whether to contest a divorce depends on your situation. Working through emotions calmly is generally best. Consider the pros and cons of a contested divorce:

• Pros: Court supervised asset division and child custody; Protection of the best interests of the child.
• Cons: High legal fees; Long court Cases; Increased stress and conflict; Potential negative impact on children.

Contested Divorce Process

The contested divorce process is complex, lengthy, and involves multiple steps requiring an experienced divorce lawyer. Here’s the process:

1. Filing the Divorce Petition: The process starts with one spouse filing a divorce petition with the court stating the grounds for divorce and the desired favorable outcome.
2. Serving the Other Spouse: The other spouse must be served with the divorce petition, either in person or by certified mail.
3. Response and Counterclaims: The other spouse has a certain period to respond to the divorce petition and file counterclaims if necessary.
4. Discovery: Both spouses must exchange financial information and other documents with each other, known as discovery.
5. Mediation and Negotiation: The spouses may try to settle through mediation or negotiation with their divorce lawyers.
6. Trial: If a settlement agreement can’t be reached, the divorce case will go to trial where a judge will decide on the contested issues.

Child Custody Lawyer

Working with an experienced divorce lawyer is crucial in a contested divorce. Here’s how to find one:

1. Experience: Look for a lawyer with experience in contested divorces, in your state or locality.
2. Communication: Choose a lawyer who is a good communicator and will keep you updated throughout the process.
3. Negotiation and Trial Skills: Make sure your lawyer has negotiation and trial skills as these will be used in a contested divorce.
4. Fees: Understand the lawyer’s fee structure and make sure you are comfortable with the costs.

Mediation and Alternative Dispute Resolution (ADR)

Mediation and alternative dispute resolution (ADR) can be a way to resolve contested issues in a divorce without going to trial. Here are the options:

1. Mediation: A neutral third party mediator helps the spouses come to a settlement.
2. Arbitration: A neutral third party arbitrator makes an informed decision on the contested issues.
3. Collaborative Divorce: A collaborative divorce involves a team of professionals, lawyers, financial advisors and therapists who work together to forge a settlement.

Contested Divorce Alternatives

While contested divorce may be required in some cases, there are alternatives:

1. Uncontested Divorce: If both spouses agree on everything, an uncontested divorce may be faster and cheaper.
2. Mediation: Mediation can be used to settle specific issues like child custody or property division without going to trial.
3. Collaborative Divorce: Collaborative divorce involves a team of professionals working together toward a settlement without going to trial.
4. Divorce Arbitration: Divorce arbitration is a neutral third party arbitrator making a binding decision on the contested issues without going to trial.

Consult with an experienced divorce lawyer to figure out what’s best for you.

Concealed Assets or Income

If one spouse suspects that the other is hiding assets or income, these concealed assets can make it challenging to determine the true extent of the marital estate. This can lead to unfair distribution of assets and debts, as well as inaccurate calculations of child support and spousal support.

In a contested divorce, the court may order the parties to disclose their financial information, including income, assets, and debts. This can help to identify any concealed assets or income and ensure that the marital estate is divided fairly.

If you suspect your spouse is hiding marital assets or income, work with an experienced divorce attorney to navigate the discovery process and protect your rights. Your attorney can help you to:

• Identify potential sources of concealed assets or income
• Request financial disclosure from your spouse
• Analyze financial documents and records to identify discrepancies
• Present evidence to the court to support your claims

By working with an experienced divorce attorney, you can ensure that your rights are protected and that you receive a fair and equitable distribution of the marital estate.

FAQs is it Worth Contesting a Divorce

Conclusion

Contesting a divorce depends on your situation and priorities. Weighing all factors with legal guidance helps you decide. Contesting may be stressful but also essential. Understanding the implications of an uncontested divorce vs contested divorce is important and consulting with a divorce lawyer can help you navigate these complex decisions especially on property division, spousal support and if it’s worth contesting your divorce. The lawyer can help you assess your financial and emotional stability during the divorce and even after. Whether one spouse agrees or not, the case can still proceed for a legal dissolution of marriage.

Is a Contested Divorce Worth it for Terry?

“You gave me a lot of valuable information, thanks Chris,” Terry said. “Even so, it’s still a hard decision.”

“It is Terry. You’ve got to consider how important having the kids and house are to you, and how much you are willing to sacrifice to fight for it.”

“I know, I know, I get the sacrifice. Having the kids and house are important to me, but there’s something more going on here as well,” Terry confided. “Chris, I just don’t want to lose to her. The more we talk about these issues, the angrier and angrier I get, and the more I want to win. So I think I’m ready to fight.”

“Terry, if you really want the kids and the house, and you are ready to fight, we can fight for it. You’ll have a good case in a contested divorce,” I told him.

“Yes, but is the fight worth the stress and expense?” he backtracked a bit. He paused, deep in thought, and then continued, “Yes, I think so, I think it’s in my best interest, and despite what some might say, in the kids best interest too. Leading up to our decision to get a divorce, I didn’t fight back much. What was the point? She’d always turn my points back on me. But with a judge in the middle of us, actually hearing my side of the story, I think a fair fight would feel great,” he said.

Terry’s Acceptance of Contested Divorce

“So it sounds like you want to go the contested route. I respect that and can help you. Perhaps once you contest, she’ll take you more seriously, and back off a bit,” I told him. “We can remain open to negotiation on some of the issues, or try mediation, but in the meantime, let’s prepare to fight it out. How does that sound?”

“Chris, it sounds like the right strategy. Terry said, “I need to fight, at least for a while. If we end up in mediation, as long as I don’t give in to her demands without a fight, I’ll feel like a winner. I believe the kids will appreciate knowing I fought for them in the long run.”

“Sometimes a contested divorce is worth it Terry. In your case, I’m ready to fight for you, and if we can resolve the issues in a less contentious manner, I’ll be there for you along that route too,” I told him.

Schedule a Consultation With Our Firm to Discover if it is Worth Fighting a Divorce in Texas

Trying to figure out if it is worth fighting a divorce in Texas can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.

Whether you are wondering if you should have a contested divorce, or navigating other divorce related issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law firm at (888) 584-9614 or contact us online to schedule your consultation.