Contested Divorce

Arlington Contested Divorce Attorneys

Providing the Legal Representation You Need to Begin the Next Chapter of Your Life

Going through the divorce process can be emotionally overwhelming and is only compounded when spouses cannot agree on the terms of a settlement. Suppose you are coming to the end of your marriage and are having problems agreeing on property division, timeshare with the children, child support, or spousal support. In that case, you need an experienced divorce attorney to assist you with your legal needs.

Hartley Law Group is a law firm dedicated to helping spouses resolve their legal issues so they can start a new life. Contact our Arlington, TX, law office to schedule a consultation so we can determine what legal strategies best suit your needs.

What is the Difference Between an Uncontested and Contested Divorce in Texas?

In Texas, if both parties agree to the terms of a settlement, such as child custody and property division, they can file for a no-fault or uncontested divorce.

The couple must file for a contested divorce if they cannot agree on settlement terms such as child support or property division. When spouses file for a contested divorce, they must resolve their differences through mediation or divorce litigation.

Spouses should know that Texas courts use equitable distribution to divide marital property. Equitable distribution can be misleading as it does not necessarily mean that assets will be divided equally; it is based on what it believes is fair to both parties. A skilled attorney can make all the difference in getting a fair settlement or what the court thinks you deserve.

What are the Steps Involved in A Contested Divorce?

There are several steps involved with filing for a contested divorce, including:

  • One spouse files a divorce petition with the court
  • The other spouse is served with the divorce petition
  • The spouse who was served the divorce petition responds by either agreeing to or contesting the terms
  • During the discovery phase, both parties exchange information, including financial and communication records and sworn depositions
  • A judge may order the couple to participate in mediation to try and resolve their differences
  • The case will go to trial if the couple cannot reach a settlement

If a divorce case goes to trial, the judge will decide on property division, child custody, and child and spousal support. After the judge has decided all the issues, the court will issue a final divorce decree.

How Long Does it Take for a Contested Divorce to Be Resolved?

The time it takes to obtain a final divorce decree depends on the circumstances involved. Generally, most contested divorce cases are resolved in a few months to a year.

Some issues that may delay the legal process include the complexities involved, such as agreeing to child support and custody matters. Other issues that can prolong a contested divorce include delays in mediation or the number of cases on the court docket.

It should be noted that Texas has a mandatory 60-day waiting period that starts when a divorce petition is filed with the court. The waiting period allows couples to reconsider or try to reconcile before legal proceedings begin. There are exceptions to the rule if the case involves domestic violence, for which the court may waive the waiting period.

If you have concerns about how long a contested divorce may take, contact our law firm, and schedule a consultation with an Arlington, TX, divorce lawyer today.

Can I Trust Your Arlington Divorce Lawyer to Help Me Get a Fair Settlement?

Our Arlington divorce lawyers recognize that dealing with the end of your marriage can be a traumatizing experience. When you come to us for help, we can provide the legal guidance you need to feel confident that your voice will be heard.

Our attorneys provide legal advocacy inside and outside the courtroom to ensure you receive a fair settlement. If you are a parent who needs help deciding child custody or support issues, we will work diligently to create a plan that protects you and your child.

For more information about our legal services and how we can help you navigate the complexities of a contested divorce, contact Hartley Law Group at 805-639-0600 to schedule a meeting with an Arlington divorce attorney who will gladly assist you.