Is it worth contesting a divorce in Texas?
Is it worth contesting a divorce in Texas when confronted with unresolved issues like asset division or child custody? This question necessitates careful examination of the legal stakes, and emotional toll involved. Contesting a divorce can offer an opportunity for thorough resolution and tailored outcomes, especially when it comes to intricate matters like asset division and child custody arrangements. While the process may involve challenges, the positive aspect lies in the potential for a fair and equitable settlement that aligns with your specific circumstances.
If you’re facing such decisions, Skillern Firm Divorce & Child Custody Lawyers’s experienced family legal team is here to guide you through the complexities, protect your wishes, and work towards a resolution that ensures your long-term goals.
Contact us today at (832) 688-6606 for dedicated assistance tailored to your unique situation and a smoother divorce journey ahead.
Reasons to Contest a Divorce in Texas
While there are many reasons to contest a divorce, three common ones include concealed assets, child custody disputes, and spousal support disagreements. If a spouse has concealed assets, the other spouse may need to contest the divorce to ensure a fair distribution of property. Child custody disputes are a significant factor that may lead to contesting a divorce in Texas, as both parents may have concerns about their ability to maintain a substantial role in their children’s lives after the divorce. Disagreements over spousal support often become a significant point of contention in contested divorce cases in Texas.
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In a contested divorce, various discovery tools can be employed to identify hidden assets and ensure their proper disclosure to the court. Concealing assets during a divorce could result in penalties and court-imposed punishments for the offending spouse. Undisclosed assets can have a substantial impact on the court’s rulings regarding the distribution of assets, spousal support, and child custody as it hinders the Judge’s ability to make well-informed decisions based on complete financial information. Such assets may involve:
- currency
- real estate
- investments
- businesses
- other significant assets
If a spouse is found to have hidden assets, the court may mandate that they relinquish the innocent spouse’s portion of the assets.
A proficient attorney will reveal concealed assets through a thorough investigation and utilization of investigative tools during the divorce process. This level of scrutiny can ensure a fair division of assets and prevent financial manipulation by your spouse.
Once concealed assets are discovered, various procedures can be followed to address them. Here are some measures you can take:
- Enlist the services of a forensic accountant
- Initiate written discovery to request financial documents
- Depose the spouse
- Examine bank statements
Such measures will provide a comprehensive view of your spouse’s financial situation, ensuring that you receive your fair share in the divorce settlement, which can be formalized through a settlement agreement.
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In Texas, the division of marital assets during a divorce is guided by the community property model, which means all assets acquired during the marriage are eligible for division. However, the division is not always as straightforward as an equal 50/50 split. The property division is expected to be conducted in a way that is deemed ‘just and right’, which takes into account a variety of factors, as per Texas divorce laws.
One such factor is whether there are any fault grounds for the divorce. Evidence of adultery, for example, can impact the division of marital assets and can be substantiated through various means, including:
- witness testimony
- text messages
- emails
- other evidence demonstrating a spouse’s involvement in an extramarital relationship.
You can dispute the character and valuation of community property by:
- Properly characterizing property as community or separate
- Submitting appraisals or professional valuation assessments
- Addressing equitable distribution issues
Such methods help to ensure a fair distribution of marital assets. In all these steps, a divorce attorney plays an indispensable role. A skilled divorce lawyer from Skillern Firm Divorce & Child Custody Lawyers can help you maximize your share of marital assets and ensure your financial goals are protected.
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Contesting a divorce is not only focused on the short-term resolution. A contested divorce focuses on your long-term financial stability too. In a contested divorce, there is an opportunity to properly address spousal support, hidden assets or debts, and other financial matters that could have long-term implications for your financial health.
Spousal support payments can be critical remedies in ensuring long-term financial stability post-divorce. A family law firm will assist in obtaining spousal support by establishing a security interest for the payments, enforcing court orders, and modifying spousal support agreements if there are changes in circumstances.
It is paramount to avoid financial pitfalls, such as not thoroughly considering all assets and debts, and failing to update beneficiary designations. Engaging competent professionals at Skillern Firm Divorce & Child Custody Lawyers, setting up separate accounts, and consulting with us for guidance can help you avoid these pitfalls and safeguard your long-term financial stability.
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Disputes over child custody are a significant factor that may lead to contesting a divorce in Texas, as both parents may have concerns about their ability to maintain a substantial role in their children’s lives after the divorce. Texas law recognizes a range of custody arrangements, such as joint custody, which is known as joint managing conservatorship, sole custody, and split custody. These arrangements are determined with the child’s best interests in mind, and the goal is for both parents to share custody unless proven otherwise.
In Texas, child custody decisions are based on the best interests of the child and take into account factors such as:
- Parental involvement
- Parental cooperation
- The child’s emotional and physical needs
- The relationship between each parent and the child
A contested divorce has the potential to complicate and escalate the cost of determining child custody arrangements. The more intricate court process involved in evaluating what is ideal for the children often results in both parents seeking maximum time with their children. At Skillern Firm Divorce & Child Custody Lawyers, we prioritize mediation and strive for swift and amicable resolutions, but we’re also prepared to advocate for you in court when needed.
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Spousal support can be a contentious issue in a divorce. The amount and duration of spousal support in Texas are determined by considering:
- A spouse’s financial resources
- Education and employment skills
- Length of the marriage
- Ability to earn income
- Necessity to meet their minimum reasonable needs
Contesting a divorce opens up opportunities for:
- Mediation and negotiation, which are key in settling disputes over spousal support
- Facilitating mediation and cooperative divorce processes
- Ensuring the fair division of assets and liabilities, particularly in cases involving spousal support disagreements
Divorce attorneys play a crucial role in divorce court processes.
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Prenuptial agreements are often seen as ironclad, but did you know they can be challenged? If you believe a prenuptial agreement is unfair or unenforceable, contesting your divorce can provide an opportunity to challenge its validity.
In Texas, the law allows for prenuptial agreements to be contested under certain circumstances. For instance, a prenuptial agreement can be contested if it was not signed voluntarily or if it contains invalid or illegal provisions. These legal justifications can pave the way for a challenge to the prenuptial agreement.
At Skillern Firm Divorce & Child Custody Lawyers, we have experience challenging prenuptial agreements by demonstrating valid legal grounds such as:
- the agreement itself being invalid
- one party being coerced or forced into signing the agreement
- one party not fully disclosing their assets or debts
- the agreement being unconscionable or unfair
Our experience in this area can be a valuable asset in divorces and we work diligently to protect your interests throughout the divorce process.
Contesting a divorce faqs
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If a divorce is contested in Texas, both parties and their lawyers will present evidence to support their desired resolution.
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In Texas, if you and your spouse have reached an agreement on all terms of your divorce, it may not be necessary to hire a divorce lawyer. Given that all aspects, including asset division, child custody, and support arrangements, are mutually agreed upon, you can proceed with an uncontested divorce without the need for legal representation.
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In summary, a contested divorce involves disputes over various matters, while an uncontested divorce signifies mutual agreement on all terms. This difference resonates in the level of court involvement in each type of divorce.
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In a contested divorce in Texas, the process typically involves filing the initial petition, discovery phase, and settlement negotiations, and if an agreement isn’t reached, it progresses to trial. During the trial, both parties present evidence to support their positions, and the court makes final decisions on matters like asset division, child custody, and spousal support.
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Yes, mediation is a common approach in contested divorces in Texas. It involves a neutral third party assisting both parties in settling outside of court. While not mandatory, many courts encourage mediation as it can be a more amicable and cost-effective way to resolve disputes, providing an opportunity for compromise before heading to trial.
Understanding contested vs. uncontested divorce
When it comes to divorce, every situation is unique. Depending on the circumstances, you might find yourself facing a contested or uncontested divorce.
In a contested divorce, spouses are unable to reach an agreement on significant matters such as:
- property division
- spousal maintenance
- child custody
This disagreement may necessitate court intervention.
On the flip side, an uncontested divorce indicates mutual agreement on all terms, thereby circumventing the need for court involvement.
One might decide to go through a contested divorce process when disputes arise over critical issues such as property division and parenting arrangements, which ensures that both spouses’ concerns are adequately addressed. Mediation and negotiation become key strategies to reduce the adversarial aspects of a contested divorce, possibly fostering a more harmonious resolution and lessening the emotional and financial burden on both parties.
Contact us
Contesting a divorce is a significant decision, one that should not be taken lightly. Weighing the potential solutions against the cost, time, and emotional strain involved is essential. Whether you opt for a contested or uncontested divorce, understanding the differences between the two and the potential implications is crucial. The choice ultimately depends on the intricacy of the issues involved, the financial implications, the well-being of the children, and the potential for negotiation.
At Skillern Firm Divorce & Child Custody Lawyers, we are committed to guiding you through your contested divorce, providing the experience and support you need every step of the way. With 121 years of combined experience, you can trust us to advocate for your rights and goals, ensuring you reach the best possible resolution in your divorce.
Call us today at (832) 688-6606 if you’re in the Houston, Katy, or Sugar Land areas to schedule a consultation and take the first step towards a smoother and more favorable outcome.
