What Happens When Your Spouse Won’t Agree to Divorce Terms?
Going through a divorce is hard, but it becomes even more difficult when you and your spouse disagree on important matters. If you’re facing this situation in Houston, you may need a Houston contested divorce lawyer to protect your interests and guide you through the legal process.
In Texas, every divorce has its own timeline and requirements. The length of your case depends on how well you and your spouse can resolve your disagreements. It may be quick or take more time.
Key Takeaways:
- A contested divorce happens when spouses disagree on issues like property division, child custody, or support payments. Texas law requires a 60-day waiting period after filing before granting any divorce. The process can take six to nine months or longer if spouses cannot reach agreements, often requiring help from a Houston contested divorce lawyer to protect their rights.
- Texas allows both fault and no-fault grounds for divorce, with most people choosing no-fault based on “insupportability.” The state follows community property laws, meaning assets gained during marriage belong to both spouses. Courts consider factors like earning ability and child care responsibilities when dividing property rather than automatically splitting everything 50-50.
- The legal process includes filing a petition, getting temporary orders, sharing financial information during discovery, and trying mediation before going to trial. Temporary orders help manage immediate concerns about living arrangements, children, and bills while the divorce moves forward. Many couples can settle some or all issues during mediation, which saves time and money compared to going to trial.
What Makes a Divorce “Contested”?
A contested divorce happens when spouses can’t find common ground on one or more issues. These could be disagreements about:
- How to split property and assets
- Who gets custody of the children
- Child support amounts
- Spousal support payments
- Who takes responsibility for debts
The Texas courts have specific rules for these cases. You’ll need to wait at least 60 days after filing before your divorce can be granted. This period gives both parties time to think about their positions and possibly work things out. But if agreements can’t be reached, your case may take six to nine months or even longer to complete.
Legal Grounds for Contested Divorce in Texas
Texas law allows you to file for divorce based on fault or no-fault grounds. Each choice affects how your case moves forward and what you need to prove in court.
No-fault divorce means you don’t need to prove your spouse did anything wrong. Most people in Texas choose this option, citing “insupportability” – which means the marriage can’t continue due to conflicts that prevent any reasonable hope of making up. This choice often makes the process simpler, even in contested cases.
Fault-based divorce require more proof but might affect how the court splits property or decides other matters. Texas law accepts these reasons for fault:
- Adultery
- Cruel treatment that makes living together impossible
- A felony conviction
- Living apart for at least three years
- Abandonment for at least one year
Understanding Texas Residency Requirements for Divorce
Remember that one spouse must live in Texas for at least six months and in the filing county for 90 days before starting a divorce case. This rule applies whether you file on fault or no-fault grounds.
Beyond grounds for divorce, Texas laws also control how property gets divided. Property you owned before marriage or received as gifts stays separate from marital property. But income earned and items bought during marriage belong to both spouses, even if only one name is on the paperwork.
Key Issues in Contested Divorces
When spouses can’t agree, certain issues often become major points of conflict. Understanding these can help you prepare for what lies ahead.
Property Division in Texas
Texas follows community property laws. This means assets and debts gained during marriage belong to both spouses. But this doesn’t always mean a 50-50 split. Courts look at several factors:
- Each person’s earning ability
- Who takes care of the children
- Each spouse’s separate property
- Health and age of both parties
Children’s Matters
Child-related decisions often cause the most heated debates in contested divorces. Courts focus on what’s best for the children when deciding:
- Which parent makes major decisions about education, health, and religion
- Where the children will live most of the time
- How much time they spend with each parent
- Who pays child support and how much
Money Matters
Financial disputes can make divorce cases more complex. Common areas of conflict include:
- How to handle retirement accounts and pensions
- Who keeps the family home or whether to sell it
- Division of business interests
- Who pays outstanding loans and credit card debt
- Whether one spouse should receive financial support after divorce
The Legal Process of a Contested Divorce
Every contested divorce in Texas follows specific legal steps. Here’s what you can expect as your case moves forward.
1. Filing and Response
Your case begins when you file a divorce petition with the court. Within 20 days of receiving these papers, your spouse must file their response. This early stage sets the tone for your entire case, as your spouse’s response shows whether they agree with your requests or plan to fight them.
2. Temporary Court Orders
Most couples need temporary orders to handle immediate concerns. These orders set clear rules about bank accounts, credit cards, and who stays in the family home. They also establish child care schedules and decide who pays which bills. The orders can include rules about how you and your spouse communicate and handle shared property. These short-term solutions help prevent conflicts while you work toward final decisions.
3. The Discovery Stage
Discovery often takes the most time in a contested divorce. Both sides must share complete financial information, including tax returns, bank statements, and property records. Hiding assets or giving false information can lead to serious problems with the court. You might also need to answer written questions or give statements under oath. This process helps build a clear picture of your marriage’s assets and protects both parties’ rights.
4. Mediation
Most divorce cases go through mediation before reaching a courtroom. This step helps cut down on time and costs that a trial would need. A mediator works with each side to help you find areas of agreement, letting you have more say in the final results. Sometimes, you might agree on just a few issues – and that’s okay. The more you work out in mediation, the less time you’ll need to spend in front of a judge.
5. The Trial Process
If mediation doesn’t lead to full agreement, your case will go to trial. A judge will hear both sides and make final decisions about any remaining disputes. While trials might seem scary, they give you a chance to tell your story and present evidence supporting your position.
Why Do I Need a Houston Contested Divorce Lawyer?
A contested divorce brings complex legal rules and procedures that can affect your future. The decisions made during this time will impact your financial stability and family relationships for years to come. Let’s look at how a divorce lawyer helps protect your interests during this challenging time.
Court Experience
A Houston contested divorce lawyer understands local court rules and knows how different judges handle divorce cases. This knowledge can make a big difference in presenting your case effectively.
Protection of Rights
Your lawyer watches out for your interests during property division and child custody decisions. They can spot problems in property valuations and identify hidden assets that you might miss on your own.
Clear Guidance
When emotions run high, you need someone who thinks clearly. Your lawyer provides level-headed advice about your options and helps you make choices based on facts rather than feelings.
Document Preparation
Legal paperwork must meet strict court requirements. Your lawyer makes sure all documents are complete, accurate, and filed on time to avoid delays in your case.
Call our Houston Contested Divorce Lawyer Now!
When you need a Houston contested divorce lawyer, our law firm, Renee Kennedy, PLLC, helps clients across major Texas cities. We take time to understand your unique situation and build a plan to meet your needs.
Our family law services include divorce, child support, property division, and spousal support. We work hard to help you achieve the best possible outcome in your case.
Beyond family law, Renee Kennedy, PLLC, also represents clients in personal injury cases. Whether you face a difficult divorce or need help after an accident, we are ready to stand by your side.
Visit any of our Texas offices in Houston, Dallas, San Antonio, or Austin for a private meeting to discuss your case. You can reach us through our website’s contact form to schedule your consultation.
