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A contested divorce occurs when spouses cannot agree on all the terms of their separation, such as property division, child custody, or support payments. Unlike uncontested divorces, where spouses agree on most key issues, contested divorces may require court intervention to resolve disagreements.
This often involves negotiation, mediation, and potentially a trial where the assistance of an experienced divorce lawyer is paramount. A Round Rock contested divorce lawyer understands the intricacies of family law, including relevant statutes, procedures, and precedents. This knowledge is essential for helping you build a strong case and making informed decisions at each stage of the proceedings.
Disagreements over finances, child-related matters (custody, support, visitation), and communication breakdowns are frequent causes of contested divorces. For example, disputes may arise over how to handle joint debts and divide property, including:
Likewise, parents may have differing views on who will have primary custody of their children, how much time each parent will spend with them, and how decisions about their upbringing will be made. With or without children, one spouse may also seek financial support from the other, and disagreements often arise over the amount and duration of such support.
Whatever the source of disagreement, if the parties cannot come to an understanding, a judge may ultimately need to decide on the unresolved issues in a trial. Contested divorces tend to be more time-consuming and expensive than uncontested divorces due to the need for legal proceedings and potentially court involvement.
While a significant portion of divorces are contested, many couples ultimately reach an agreement through negotiation, mediation, or legal counsel, avoiding a full trial. If you are facing a contested divorce, you need a Round Rock attorney by your side from the start to safeguard your interests and aggressively pursue the best possible results for your case.
A Round Rock lawyer could provide valuable guidance throughout the divorce process, particularly in a contested case. The process begins when one spouse (the petitioner) files a Petition for Divorce with the court, outlining the reasons for the divorce and desired outcomes. The other spouse (the respondent) must be formally served with the divorce papers, initiating the legal proceedings.
If there are immediate disagreements about issues like child custody, spousal maintenance, or property use, a temporary orders hearing may be held to establish interim arrangements. Both parties may engage in a discovery period, exchanging information and evidence related to the divorce, such as financial records, asset information, and relevant documents. In Texas, mediation is often used to help the parties reach a settlement agreement outside of court.
If mediation is successful, a settlement agreement is then drafted and submitted to the court. If mediation fails to resolve all issues, the case proceeds to trial. A judge will hear evidence and arguments from both sides and make a final decision on all contested matters. Once all issues are resolved, either through settlement or trial, a final divorce decree is drafted and submitted to the court, outlining the terms of the divorce and legally ending the marriage.
A contested divorce often involves extensive negotiation and potentially litigation. A Round Rock contested divorce lawyer could effectively advocate on your behalf to reach a fair settlement or represent you in court if a settlement cannot be reached.
Seeking assistance from an attorney ensures your rights are protected throughout the divorce process, from asset division to child custody and support. Without legal representation, you risk making mistakes on paperwork, missing deadlines, or misunderstanding legal procedures—potentially leading to unfavorable outcomes that compromise your best interests. Contact Kimbrough Legal, PLLC, to request and schedule your case consultation.