What Is A Contested Divorce In Texas?

A contested divorce in Texas is a legal process where the parties involved cannot reach an agreement on the terms of their divorce. This means that some unresolved issues and disagreements require the court’s intervention to find a resolution. Unlike an uncontested divorce, which is generally more straightforward and amicable, a contested divorce can be a complex and emotionally challenging experience for all parties involved.

The intricate web of unresolved issues and emotional turmoil can feel overwhelming during the contested divorce process. Navigating this intricate legal terrain requires the guidance of experienced legal professionals who understand uncontested divorces and the nuances of Texas family law. At The Love DuCote Law Firm LLC, we’re dedicated to providing compassionate and strategic legal support to individuals facing contested divorces. Our seasoned divorce lawyers will work tirelessly to protect your rights and find equitable solutions for even the most complex situations. You don’t have to face this challenging journey alone. Contact us today at 832-471-6904 to secure the representation you deserve and begin your path toward resolution and a brighter future.

What Does It Mean to Have a Contested Divorce in Texas?

When a divorce is contested, it means that the spouses cannot agree on various aspects of their divorce settlement. These aspects typically include child custody and visitation rights, child support, spousal support (also known as alimony), division of marital assets, and debt. Instead of working together to create a mutually acceptable agreement, the couple relies on the court to make decisions for them.

Contested divorces can be time-consuming, costly, and stressful. The court process involves each side presenting their case and supporting evidence to convince the judge of their desired outcome. This often requires hiring an experienced divorce lawyer from The Love DuCote Law Firm LLC, we will help navigate the intricacies of the legal system and ensure that your rights are protected.

Division of Assets

One of the most significant challenges in a contested divorce case is the division of assets. Texas is a community property state, which means that marital property is generally divided equally between the spouses. However, determining what constitutes marital property and how to fairly divide it can be a complex process.

The court will consider various factors when determining the division of assets, including the length of the marriage, each spouse’s earning capacity, and their contributions to the acquisition and maintenance of the assets. This can involve valuing and dividing real estate, businesses, retirement accounts, investments, and personal property.

Child Custody, Support, and Visitation Rights

Another contentious issue in contested divorces is child custody and visitation rights. Texas courts prioritize the interests of the child when making custody decisions. Factors such as the child’s relationship with each parent, their physical and emotional needs, and the ability of each parent to provide a stable and nurturing environment are taken into account.

In some cases, the court may appoint a guardian ad litem or a child custody evaluator to gather information and make recommendations regarding custody arrangements. This can further prolong the divorce process and add to the emotional strain on both the parents and the child.

Child support is another crucial aspect of a contested divorce. Texas has specific guidelines for calculating child support based on the income of the noncustodial parent and the number of children involved. However, disputes can arise over issues such as income determination, medical expenses, and educational expenses.


Spousal support, or alimony, is another potential point of contention in a contested divorce. Texas law allows for spousal support in certain circumstances.

The amount and duration of spousal support are determined by the court, taking into consideration factors such as the length of the marriage, the financial resources of each spouse, and the ability of the recipient spouse to meet their needs independently.

Overall, a contested divorce in Texas can be a complex and emotionally draining process. It is essential to seek legal counsel from our team at The Love DuCote Law Firm LLC to navigate the legal system effectively and protect your rights and interests. While the court’s involvement may be necessary to resolve disputes, alternative dispute resolution methods, a process called mediation or collaborative divorce can help facilitate a more amicable and efficient resolution.

Why Might a Divorce Become Contested?

There are several reasons why a divorce may become contested in Texas. One common reason is a lack of communication and an inability to compromise. When the couple is unable to reach an agreement on important matters, such as child custody or property division, the divorce becomes contested.

  • Communication breakdowns can stem from a variety of factors. For instance, couples going through a divorce may have experienced a breakdown in trust, leading to a breakdown in effective communication. This lack of trust can make it difficult for the parties to openly discuss their needs and concerns, further complicating the divorce process.
  • Financial disagreements can also contribute to a contested divorce. Disputes over the division of assets, debts, and spousal support can create tension and animosity between the parties involved. These financial disputes can be particularly challenging to resolve, as they often involve complex legal and financial considerations.
  • Certain high-conflict issues, such as infidelity, domestic violence, or substance abuse, can contribute to a contested divorce. These factors can significantly impact the emotional well-being of the parties involved and make it difficult for them to find common ground and work together toward a resolution.
    • Infidelity, for example, can lead to feelings of betrayal and hurt, causing the injured party to seek retribution or a more favorable outcome in the divorce proceedings.
    • Domestic violence, on the other hand, creates an environment of fear and intimidation, making it challenging for the victim to effectively negotiate and advocate for their rights.
    • Substance abuse issues can also complicate a divorce, as they can affect a person’s ability to make sound decisions and fulfill their responsibilities. In such cases, the non-addicted spouse may contest the divorce to protect the interests of any children involved or to ensure that financial resources are not squandered due to the addiction.

A divorce becoming contested is often the result of a combination of factors, including communication breakdowns, financial disagreements, and high-conflict issues. These complexities can prolong the divorce process and require the intervention of our legal professionals to help navigate the challenges and find a resolution that is fair and equitable for all parties involved.

Child Support and Child Custody in a Contested Divorce

Child custody is one of the most significant issues in a contested divorce, as it directly impacts the well-being of any children involved. In Texas, the court prioritizes the child’s interests when making custody decisions, considering factors such as their emotional and physical well-being, stability, and their relationship with each parent.

Child support is another crucial aspect of a contested divorce, as it ensures that both parents contribute financially to the upbringing of their child. In Texas, child support calculations are based on various factors, including the income of both parents and the amount of time each parent spends with the child.

During a contested divorce, the court may review the income and financial resources of both parents to determine the appropriate amount of child support. The court evaluates various factors to determine custody arrangements. These may include each parent’s ability to provide a stable environment, their emotional bond with the child, and their commitment to fostering a positive relationship between the child and the other parent. The court may also consider the child’s preferences, especially if they are old enough to express their wishes. The goal is to provide for the needs of the child while considering the financial circumstances of each parent.

What Factors Influence Child Custody Arrangements in Contested Cases?

When making custody decisions in contested cases, the court assesses several factors, including:

  1. The child’s age, preferences, and needs
  2. The mental and physical health of each parent
  3. The ability of the parents to cooperate and communicate effectively
  4. The stability and quality of the child’s current environment
  5. Any history of child abuse or neglect

By considering these factors, the court aims to determine the custody arrangement that promotes the child’s interests and overall well-being.

The Child’s Age, Preferences and Needs

One of the primary factors that influence child custody arrangements in contested cases is the child’s age, preferences, and needs. The court takes into account the child’s developmental stage and their ability to express their desires. For example, if the child is older and mature enough to articulate their preferences, the court may give significant weight to their wishes. However, the child’s preferences are not the sole determining factor, as the court must also consider what is truly in the child’s ideal interests.

The Mental and Physical Health of Each Parent

In addition to the child’s age and preferences, the mental and physical health of each parent is also crucial in custody decisions. The court evaluates the parents’ ability to provide a safe and nurturing environment for the child. If one parent has a history of mental illness or substance abuse, it may impact their chances of obtaining custody. The court wants to ensure that the child’s physical and emotional well-being is protected and that they are not exposed to any harmful situations.

The Ability of the Parents to Cooperate and Communicate Effectively

Another factor that the court considers is the ability of the parents to cooperate and communicate effectively. Co-parenting requires open and respectful communication between the parents, as they will need to make joint decisions regarding the child’s upbringing. If the court determines that one parent is unwilling or unable to collaborate with the other parent, it may affect their chances of obtaining primary custody. The court wants to ensure that the child has the opportunity to maintain a healthy relationship with both parents, and this requires effective communication and cooperation.

The Stability and Quality of the Child’s Current Environment

The stability and quality of the child’s current environment also play a significant role in custody decisions. The court assesses the child’s living situation, including factors such as the stability of the home, the presence of a support system, and the child’s access to necessary resources. If one parent can provide a more stable and supportive environment for the child, it may influence the court’s custody determination. The court wants to ensure that the child has a safe and secure place to live, where their needs are met and their overall well-being is prioritized.

Any History of Child Abuse or Neglect

Any history of child abuse or neglect is a critical factor that the court considers in contested custody cases. The safety and welfare of the child are of utmost importance, and the court will thoroughly investigate any allegations of abuse or neglect. If there is evidence of such behavior, it can significantly impact the custody decision. The court wants to protect the child from any harm and ensure that they are placed in a safe and nurturing environment.

The court’s primary goal in contested divorce cases involving child custody is to determine the arrangement that promotes the child’s interests and overall well-being. By carefully evaluating various factors, such as the child’s age and preferences, the parents’ mental and physical health, their ability to cooperate and communicate, the stability of the child’s environment, and any history of abuse or neglect, the court strives to make a decision that will provide the child with a healthy and nurturing upbringing.

Complex Property Division In a Contested Divorce

The division of property can become a complex and contentious issue. Texas follows community property laws, which generally means that property acquired during the marriage is considered community property and subject to division.

However, complexities arise when determining which assets are community property and which are separate property. Separate property typically includes assets acquired before the marriage, inheritances, and gifts received individually from the other spouse.

What Documents and Information Should I Gather for a Contested Divorce?

When going through a contested divorce, it’s crucial to gather all the necessary documents and information related to your assets, liabilities, and financial situation. These may include:

  • Income tax returns
  • Bank statements
  • Mortgage documents
  • Investment portfolios
  • Business records
  • Retirement account statements

By providing accurate and complete information and presenting evidence to the court, you increase the chances of a fair and equitable distribution of assets.

Legal Representation By The Love DuCote Law Firm LLC

Going through a contested divorce can be overwhelming, both emotionally and legally. It’s crucial to have our experienced and compassionate legal representation to guide you through the process and protect your rights.

At Love DuCote Law Firm, we are seasoned in practicing family law, including contested divorces. Our dedicated team of attorneys understands the complexities of Texas divorce laws and will work tirelessly to advocate for your ideal interests. We provide personalized legal services, tailoring our approach to your unique circumstances.

If you are facing a contested divorce in Texas and require professional legal assistance, don’t hesitate to contact the Love DuCote Law Firm. Our team is ready to listen to your concerns, answer your questions, and develop a strategic plan to help you navigate the complexities of the divorce process. Schedule a consultation with us today at 832-471-6904 and take the first step towards securing your future.