Contested divorces can be highly emotional and legally complex. When spouses are unable to agree on important issues like child custody, property division, or alimony, the case often ends up in court, requiring legal representation. Choosing the right contested divorce lawyer will make all the difference in protecting your rights and achieving a favorable outcome.
Warren & Migliaccio, L.L.P. is dedicated to providing compassionate legal services to families facing contested divorces. Our experienced legal team provides counsel that is both empathetic and strategic, helping guide you through the most challenging aspects of divorce. If you’re unsure of how to select the right lawyer for your contested divorce, the following guide outlines the factors to consider.
Quick Takeaways:
- Choosing a contested divorce lawyer with extensive experience in Texas family law is crucial for protecting your rights.
- Strong negotiation and mediation skills are essential for resolving disputes without the need for a court trial.
- If your case goes to trial, hiring a lawyer with proven courtroom experience makes sure you’re prepared for litigation.
- Clear communication and transparent legal fees are important factors when selecting a lawyer to guide you through a contested divorce.
What Is a Contested Divorce?
In Texas, a contested divorce occurs when spouses cannot agree on one or more terms of the divorce. This often includes disputes over child custody, property division, and spousal maintenance. In these cases, court intervention becomes necessary to resolve all issues. While some contested divorces can be settled before trial through mediation or negotiation, many cases require a judge’s ruling on contested matters.
Because Texas is a community property state, the court will divide marital property and debts equitably between spouses. However, the division of assets can become a contentious issue, especially in cases involving high net worth or complex financial assets. A skilled contested divorce lawyer will make sure that your interests are protected throughout the process.
Your Lawyer Should Understand Texas Family Law
When choosing a contested divorce lawyer, you should seek attorneys who focus on family law and have substantial experience handling contested divorces in Texas. Family law attorneys are experienced in the nuances of Texas divorce law, including community property rules, child custody guidelines, and spousal support laws. They will understand how to approach disputes unique to your case and develop strategies that cooperate with Texas legal standards.
Prioritize Strong Negotiation and Mediation Skills
While contested divorces typically lead to court, many cases can be resolved through negotiation or mediation. Texas law encourages divorcing couples to settle matters through these alternative dispute resolution (ADR) methods. A qualified lawyer should be skilled in these areas to help reach a fair agreement without the stress of going to trial. Strong negotiation skills can also expedite the process, saving time and reducing your legal costs.
Mediation is particularly useful in Texas divorce cases involving children. The state prioritizes the child’s best interests in custody matters, so a lawyer who is experienced in mediation can help make sure that a fair parenting plan is reached, avoiding prolonged litigation.
Look for a Lawyer with Courtroom Experience
In contested divorce cases that cannot be resolved through ADR, courtroom experience isn’t just an asset, it’s crucial. Divorce cases in Texas that go to trial require attorneys who are skilled litigators, familiar with presenting evidence and making persuasive arguments before a judge. Be sure that the attorney you choose has a proven track record in family law litigation and is prepared to represent you in court if necessary.
Since Texas divorce laws vary by county, you want to hire a lawyer that’s familiar with local family courts and their procedures. For example, divorce proceedings in Dallas County may differ slightly from those in Collin or Denton County, so hiring an attorney with local experience can provide a strategic advantage.
Seek Transparent Communication
Clear communication is what makes a good contested divorce lawyer a great one. Throughout the divorce process, many legal questions will arise, and you need a lawyer who will explain these matters in plain terms and keep you updated at each step. In Texas, divorce proceedings can take anywhere from six months to over a year, depending on the complexity of the case and whether the spouses can reach an agreement. A lawyer who communicates clearly will reduce confusion and stress so you are fully aware of the status of your case.
Research Client Reviews and Reputation
Client reviews are an excellent resource when evaluating a contested divorce lawyer. Look for testimonials from former clients who faced similar legal challenges, as these can offer a look into the lawyer’s professionalism, client care, and overall success in handling contested divorce cases. Many law firms in Texas, including those in Dallas, Plano, and Frisco, are reviewed on platforms like Avvo and Google, where past clients rate their experiences.
Consider the lawyer’s reputation within the legal community, as well. Attorneys who are respected by their peers often receive honors or certifications that signify their expertise in family law. Board certification in family law by the Texas Board of Legal Specialization, for example, is a good indicator of an attorney’s skill and dedication.
Understand Legal Fees and Costs
Divorce is often a costly process, so you should understand your lawyer’s fee structure upfront. In Texas, contested divorce lawyers may charge hourly rates, which vary depending on the complexity of the case and the lawyer’s experience. Some lawyers also require a retainer fee, which is an upfront cost that covers initial legal services.
Discussing fees during the initial consultation will help you avoid surprises and determine whether the lawyer fits within your budget. Be sure to ask about additional costs like court fees, mediation costs, and other expenses that may arise during the divorce process.
Contact Warren & Migliaccio, L.L.P.
Choosing the right contested divorce lawyer is a decision that will greatly impact the outcome of your case. Warren & Migliaccio, L.L.P. offers experienced and compassionate legal representation to clients in North Texas, helping relieve families of the burden of contested divorces with empathy and skill.
Whether you’re facing a difficult child custody battle, property dispute, or spousal support issue, Warren & Migliaccio, L.L.P. will fight to protect your rights and secure the best possible result for your case. To schedule a free consultation, contact us today.
