Katy Contested Divorce Lawyer

Whether you are concerned about property division, your children’s conservatorship, or spousal support, Skillern Firm Divorce & Child Custody Lawyers is ready to help you move forward with confidence. Call us at (713) 229-8855 or connect with us online to speak with our Katy contested divorce attorneys, who can explain your rights and lay out a clear path forward.

A contested divorce can feel like the ground is shifting beneath you. When you and your spouse cannot agree on the terms of your separation, the process becomes more involved, more emotional, and harder to see through clearly. You deserve straightforward answers about what to expect so you can make informed decisions for yourself and your family. Our divorce lawyers are here to provide the guidance you need during one of life’s most difficult chapters.

What Is a Contested Divorce?

A contested divorce occurs when spouses cannot reach an agreement on one or more major issues. Those disputes may involve property division, child custody, spousal support, or other significant matters. The case then moves through the court system, where a Judge ultimately resolves the disagreements. Many issues can be resolved out of court, but it is sometimes worth contesting a divorce and presenting a case to a Judge.

What Is the Residency Requirement for Contested Divorces in Katy?

Before filing, at least one spouse must have lived in the state for a continuous six-month period. That same spouse must also have been a resident of the county where the petition is filed for at least 90 days. Filings in the Katy area typically go through the Fort Bend County District Clerk’s office or the Harris County District Clerk, depending on your address.

What Are the Grounds for a Contested Divorce in Texas?

Texas law allows spouses to seek either a no-fault or fault-based divorce. Under Texas Family Code § 6.001, a court may grant a no-fault divorce when the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. A fault-based divorce requires evidence of specific misconduct, which may include:

• Cruelty
• Adultery
• Conviction of a felony
• Abandonment for at least one year
• Living apart for at least three years
• Confinement in a mental hospital for at least three years

Factors Regularly Contested in Divorces

Most disputes in a contested divorce center on a few core issues. Disagreements over finances, children, and future obligations tend to generate the most conflict. Each of these areas carries real weight in how the final decree shapes your life going forward.

Property and Asset Division

Under Texas Family Code § 7.001, family courts must divide community property in a manner they consider to be just and right. A family Judge will look at a range of factors when deciding how to split assets, including each spouse’s earning capacity, health, and the needs of any children. Not everything you own qualifies as community property, and determining what is separate property can become contentious. Common items that spark disagreement during property and asset division include:

• The family home
• Retirement accounts and pensions
• Business interests and ownership stakes
• Vehicles and personal property
• Debts and liabilities
• Investment portfolios

Child Custody Arrangements

When children are involved, establishing a joint managing conservatorship (JMC) becomes one of the most sensitive parts of a contested divorce. JMC goes beyond simple time-sharing; it encompasses each parent’s rights, duties, and obligations regarding the child’s health, education, and welfare. A Judge will always prioritize the best interests of the child when structuring conservatorship terms:

• The child’s emotional and physical needs
• Each parent’s ability to provide a stable environment
• The child’s preference, if the child is 12 or older
• Any history of family or domestic violence or substance abuse
• The geographic proximity of each parent’s home
• Each parent’s willingness to support the child’s relationship with the other parent

What Is the Contested Divorce Process in Katy?

A contested divorce follows a structured series of steps. Each phase serves a specific purpose in moving the case toward resolution. While every case is different, most follow this general timeline:

• Petition for divorce: One spouse files a petition with the court, formally requesting a divorce and outlining the relief sought.
• Response: The other spouse has a set period to file a response, either agreeing with or contesting the claims made in the petition.
• Temporary orders: A Judge may issue temporary orders to address immediate concerns, such as possession of the family home, a temporary conservatorship, and spousal support, while the case is pending.
• Discovery phase: Both sides exchange financial records, documents, and other relevant information to build a complete picture of the marital estate and each parent’s circumstances.
• Mediation and negotiation: Many cases in the Katy area are referred to mediation, where a lawyer represents one party, with the mediator working with each party separately and their respective attorneys.
• Trial and final judgment: If mediation does not produce an agreement, the case goes to trial before a Judge, who hears testimony, reviews evidence, and issues a final decree.

Why Trust Skillern Firm Divorce & Child Custody Lawyers to Represent Your Interests?

With over 160 years of combined family law experience, our firm works in your favor from day one. Our team of divorce attorneys, including Hannah Slider and Kathleen LeFevre, understand the high stakes of a contested divorce and how even a small misstep can affect you or your loved ones. We are committed to learning your unique situation and helping you reach the best possible resolution:

• Detailed analysis of all community and separate property
• Strategic approach to conservatorship and JMC arrangements
• Preparation for temporary orders hearings
• Skilled representation during mediation
• Detailed discovery management and financial investigation
• Strong trial preparation and courtroom advocacy
• Guidance on spousal support claims and defenses
• Protection of your parental rights throughout the process

FAQ: Common Questions About Contested Divorce in Katy

What Is Recommended to Have Prepared Before Filing for a Contested Divorce?

Gathering your financial records early makes a real difference. Collect recent tax returns, bank statements, pay stubs, mortgage documents, and records for any retirement or investment accounts. Having these organized before filing gives you a stronger starting position.

Are You Allowed To Change Lawyers During the Divorce?

Yes, you have the right to change legal representation at any point during your case. The transition involves filing a substitution of counsel with the court. Be aware that switching mid-case can sometimes create short delays while your new representation gets up to speed.

What If Your Spouse Is Accusing You of Having an Affair?

Allegations of adultery can affect property division and, in some cases, conservatorship decisions. You do not have to admit to or agree with those claims. Responding appropriately with documented evidence and a clear strategy is the best way to address fault-based allegations.

What If You Do Not Want a Divorce?

Unfortunately, both spouses do not have to agree for a divorce to proceed. If your spouse has filed a petition, the court will move the case forward regardless of whether you consent. You still have the right to participate fully, present evidence, and advocate for a fair outcome.

Speak to Our Katy Contested Divorce Lawyers Today

The decisions made during a contested divorce shape your finances, your parenting time, and your future for years to come. Waiting to get organized only makes an already difficult process harder. Our divorce attorneys at Skillern Firm Divorce & Child Custody Lawyers are prepared to bring structure, strategy, and genuine care to your case.

Call us at (713) 229-8855 or reach out online to speak with our Katy contested divorce attorneys. We have a 24/7 answering service, as we know many family law concerns arise after hours.