(833) 553-4251
(833) 553-4251
If you have decided to divorce, but you and your spouse disagree on issues such as property division, spousal support, or access to your children, you will have a what is legally referred to as a contested divorce. In this situation, a skilled divorce attorney could step in to help with negotiations and protect your rights and interests.
A San Antonio contested divorce lawyer at Kimbrough Legal, PLLC could use their extensive experience and sharp litigation skills to help you protect what matters most in your divorce and for your future.
A couple cannot finalize a divorce until they decide on a just and right division of their community property, plan for spousal maintenance, and agree on how they will share parenting responsibilities. If a spouse files a petition for divorce before the couple has reached the necessary agreements, the couple has entered into a contested divorce.
A contested divorce is different from a fault-based divorce. When a spouse cites adultery or other fault-based grounds for ending the marriage, the divorce typically proceeds as a contested case. However, a couple could cite the no-fault grounds of irreconcilable differences or separation for at least three years and still have a contested divorce.
A contested divorce requires full disclosure of financial information to ensure a fair process. Couples with substantial assets often choose contested divorce to ensure the property division is handled fairly. Our San Antonio attorneys could thoroughly explain the pros and cons of contested divorce in your specific situation.
When you have a contested divorce, you will appear in court at least once. When both sides file their divorce papers, the court will hold a hearing to issue temporary orders. According to Texas Family Code § 105.001, the orders may include:
The judge will also set a schedule for the exchange of financial documents and other information.
Negotiations continue while the case is pending. You and your spouse may work with a mediator, or a divorce attorney may negotiate directly with your spouse’s legal team. The court will hold a status conference every few months to hear about the progress of settlement negotiations—most contested divorces settle before a trial. The court will schedule a trial if the parties are unable to resolve one or more issues. Our San Antonio attorneys could support you throughout the process of an adversarial divorce.
Divorce trials give both spouses the chance to present their arguments. Each side may present evidence and call, question, and cross-examine witnesses. The judge will review the evidence, apply the law, and decide on the issues in dispute.
When the contested matters involve children, the judge may appoint a custody evaluator to help determine the living arrangements that serve the children’s best interests. Sometimes the judge will also appoint a guardian ad litem, who advocates for the children’s best interests during a custody dispute.
It is essential to have a seasoned litigator present your case and cross-examine the other side’s witnesses. Our San Antonio lawyers could ensure the judge understands your position regarding the disputed divorce and the legal arguments that support it.
A disputed divorce is a complicated legal procedure, but it does not need to be bitter even when you cannot agree with your spouse. A San Antonio contested divorce lawyer could help you resolve your differences efficiently and effectively. Call Kimbrough Legal, PLLC, today to schedule a confidential consultation with our skilled legal team.
N/a
