Contested Divorces
Divorces
Divorces encompass every area of your life. A client’s finances, family, employment, and all personal and business assets accumulated during the marriage. Getting a divorce is a grueling experience, but having an Alchemy Attorney walk this rocky road alongside will give you comfort to deal with the curve balls this unfortunate situation brings. We will always seek a harmonious and smooth solution in a familial, thoughtful kind of way because we believe harmony is the best path for this service.
Contested Divorces
A contested divorce occurs when couples cannot agree on the issues involved in the dissolution of their marriage. Because of this, they will likely experience a trial and the judge decides the unresolved issues in the divorce. Please keep in mind when the parties go this route, the parties are agreeing to grant a complete stranger the right to make full and unfettered decisions on the most important aspects of your life.
The decision to hand your case over to the court should never be made lightly and must be done with full understanding that the judge will only see a bird’s eye view of your life and will make this decision without having personal knowledge of who you are and your family’s true needs.
It is also important to understand the judge will not always see every bit of evidence you feel is crucial due to the various rules of civil procedure. A contested divorce is usually accompanied by filing subsequent pleadings, several trips to the courthouse, lengthy discovery, and the attorneys’ continual correspondence through email, phone, Zoom, and text, as well.
Since the spouses are unable to reach an agreement on one or more key issues related to the divorce, the court may end up resolving matters such as child custody, child support, division of property, spousal support, or any other important aspect of the divorce settlement.
When a Divorce is Contested
- Filing the petition: One spouse, known as the petitioner, initiates the divorce process by filing a petition for divorce with the appropriate district court. The petition outlines the reasons for seeking the divorce and the relief being requested.
- Service of process: The petitioner serves the other spouse, known as the respondent, with a copy of the divorce petition and a citation, which is a formal notice that they are being sued for divorce. The respondent has a certain period to respond to the petition.
- Response and counter-petition: The respondent may file a response to the divorce petition, either admitting or denying the allegations made by the petitioner. The respondent may also file a counter-petition if they have additional claims or requests.
- Discovery: Both parties engage in the discovery process, which involves gathering information and evidence relevant to the divorce. This may include exchanging financial documents, depositions, interrogatories, and requests for the production of documents.
- Negotiation and mediation: Parties may attempt to negotiate and resolve their differences through informal discussions or formal mediation sessions. Mediation is a process in which a neutral third party assists the spouses in reaching an agreement. The goal is to find mutually acceptable solutions to the disputed issues.
- Temporary orders: If necessary, either spouse may request temporary orders from the court to address immediate issues such as child custody, child support, spousal support, or use of property during the divorce proceedings.
- Pre-trial hearings: The court may hold pre-trial hearings to address any outstanding issues, narrow down the disputed matters, or encourage settlement discussions.
- Trial: If the spouses are unable to reach a settlement agreement, the case may proceed to trial. During the trial, each spouse presents their arguments and evidence before the judge, who will make decisions on the unresolved issues based on the applicable Texas laws and the evidence presented.
- Final orders: Once the trial is concluded, the judge issues final orders that determine the resolution of the contested issues in the divorce. These orders address matters such as property division, child custody, visitation, child support, and spousal support.
- Appeals: If either party disagrees with the judge’s final orders, they may have the option to appeal the decision to a higher court. However, the availability of appeals depends on various factors and should be discussed with an attorney.