Ever feel like your life is being rewritten mid-chapter—with red ink and no warning? That’s how many Texans describe the emotional rollercoaster of a divorce, especially when it’s not smooth sailing. If you’re trying to figure out how contested divorces unfold in Texas, you’re already dealing with more questions than answers, and chances are, you’re also worried about how this legal tug-of-war might impact your child’s school performance, stability, and sense of normalcy.

Here’s the good news: you’re not alone, and with the right plan and support, you can protect your child’s emotional and academic future—while still standing your legal ground. In this article, we’ll break down every major step in the contested divorce process, from filing the petition to final judgment, all through the lens of how each phase affects your child’s day-to-day life—particularly their education.

At The Law Office of Bryan Fagan, PLLC, we believe in empowering parents with real, actionable strategies—not just legalese. You’ll learn how judges consider educational stability during custody disputes, how to create parenting plans that work with the school calendar, and what you can do right now to minimize disruption at home and in the classroom. Stick with us—we’re here to help you stay informed, stay grounded, and stay focused on what matters most: your family’s future.

Key Takeaways

• A contested divorce in Texas involves significant disagreements requiring court intervention, while an uncontested divorce is characterized by mutual agreement on all terms.
• Key steps in a contested divorce include filing a petition, serving notice, and possibly obtaining temporary orders to address immediate concerns before a final resolution.
• Legal representation is crucial for navigating the complexities of contested divorces in Texas, ensuring proper advocacy, and helping achieve favorable outcomes.

Defining Contested and Uncontested Divorces in Texas

Understanding how contested divorces unfold in Texas begins with recognizing the difference between contested and uncontested proceedings. In a contested divorce, spouses are unable to agree on key issues such as child custody, property division, or spousal support. This disagreement requires court intervention and often leads to formal hearings or even trial. By contrast, uncontested divorces involve mutual agreement on all terms and typically proceed through the legal system more efficiently, with less emotional and financial stress.

Contested divorces are inherently more complex and usually take much longer to resolve. While Texas law under Family Code § 6.702 imposes a minimum 60-day waiting period for all divorces, contested cases often stretch well beyond that, sometimes lasting a year or more depending on the level of conflict and complexity. Litigation costs, custody evaluations, and court schedules all contribute to the extended timeline. For a deeper look at what can influence that timeframe, explore this guide to factors that influence the length of a divorce trial in Texas.

At our firm, we frequently advise clients to weigh the emotional and logistical impact of prolonged disputes—especially when children are involved. Courts in Texas are guided by Family Code § 153.002, which prioritizes the best interests of the child, including stability in education and home life. Disruptions caused by drawn-out litigation can negatively affect a child’s academic performance and emotional well-being, making it all the more important to seek cooperative solutions when possible.

The attorneys at The Law Office of Bryan Fagan, PLLC are committed to helping families navigate contested divorces with strategic clarity and compassionate support. Whether you’re just starting the process or already deep in negotiations, our goal is to help you move forward with a plan that protects your rights and your family’s future. For more insights, visit our post on what to expect in a Texas child custody case.

What is a Contested Divorce?

A contested divorce in Texas occurs when spouses are unable to reach an agreement on key issues such as child custody, division of marital assets, or spousal support—requiring the court to step in and make decisions on their behalf. Understanding how contested divorces unfold in Texas is critical, especially because these cases tend to be more complex and emotionally charged than uncontested divorces. Under Texas Family Code § 7.001, courts are required to divide community property in a manner that is “just and right,” which often sparks disagreement when one party believes they are entitled to a larger share based on fault or financial need.

Texas recognizes both no-fault and fault-based grounds for divorce. No-fault divorces are typically based on “insupportability,” while fault-based claims can involve allegations of adultery, cruelty, or abandonment, which may influence how property is divided or whether spousal maintenance is awarded under Texas Family Code § 8.051. These legal distinctions can significantly impact the outcome of a case, especially when child custody or financial support is in dispute. Temporary orders, authorized by Texas Family Code § 105.001, are often issued early in the case to establish interim guidelines for custody, support, and property use until the final decree is entered.

According to the attorneys at our firm, one of the best ways to approach a contested divorce is to be fully informed about the process and your rights. For a helpful comparison between case types, visit this guide on contested vs uncontested divorce. And if you’re trying to navigate the added complexities of parenting through divorce, we recommend reading our internal post on how to protect your child’s school performance during custody disputes. With the right legal strategy and support, you can stay focused on protecting what matters most—your family’s future.

What is an Uncontested Divorce?

In contrast to the often complex and emotionally charged process of contested cases, an uncontested divorce in Texas involves mutual agreement between spouses on all major issues—child custody, property division, and financial matters—without the need for prolonged court involvement. Understanding how contested divorces unfold in Texas highlights just how efficient an uncontested divorce can be when both parties are aligned. According to Texas Family Code § 6.702, even uncontested divorces must observe the 60-day waiting period after filing, but the overall process is typically far quicker, less expensive, and significantly less stressful for everyone involved.

To successfully pursue an uncontested divorce, both parties must collaborate to organize and exchange financial disclosures, resolve all property and custody matters, and jointly finalize the terms of their divorce decree. Once everything is agreed upon, both spouses must appear in court—usually just once—to present their agreement for approval and file the final decree. This approach offers a streamlined resolution, especially beneficial for families seeking to avoid unnecessary disruption to their children’s routines and well-being.

While legal representation isn’t required in uncontested cases, having an experienced Texas family law attorney can help ensure that all agreements are legally sound, equitable, and enforceable. Our team often helps clients avoid common pitfalls, even in amicable divorces, by reviewing settlement terms and guiding them through procedural requirements. For a broader overview of your divorce options, explore our comprehensive guide to the different types of divorce in Texas.

If you’re unsure whether an uncontested divorce is the right path for your family, take a moment to review our blog on navigating contested vs. uncontested divorce. As always, our goal is to provide practical guidance tailored to your situation—because protecting your future starts with informed decisions today.

Initial Steps in a Contested Divorce

The early stages of a contested divorce are critical in shaping the entire legal journey. Understanding how contested divorces unfold in Texas starts with the filing of an Original Petition for Divorce in the county where at least one spouse has lived for a minimum of 90 days, as required under Texas Family Code § 6.301. This petition formally initiates the case and states the grounds for divorce—either no-fault or fault-based—as well as the relief being requested, such as child custody, spousal maintenance, or the division of marital property.

From there, the court may issue standing orders, which act as automatic injunctions to preserve the status quo. These often prohibit either party from removing children from their current schools, hiding assets, or disrupting the other party’s financial stability. Temporary orders may also be requested early in the case to address immediate issues like living arrangements, temporary custody, and financial support until a final agreement or judgment is reached.

While many assume a contested divorce inevitably means a trial, settlement negotiations can and do occur throughout the process. Mediation, informal settlement conferences, or collaborative divorce approaches may resolve disputes at various points, reducing the time and cost of litigation. For a full walkthrough of court milestones in Texas divorce cases, visit our blog on key stages of divorce court proceedings in Texas.

According to the attorneys at our firm, being proactive during the initial steps can make all the difference. Understanding your rights, gathering financial documents, and considering the needs of any children involved—particularly their educational stability—helps you stay in control as the case progresses. For more information on protecting your children’s well-being during divorce, see our related post on how child custody affects school performance in Texas.

Filing the Divorce Petition

Filing the divorce petition is the first official step in the contested divorce process. The primary documents required include the Original Petition for Divorce, Civil Case Information Sheet, Notice of Service of Process, financial statements, proposed parenting plans if children are involved, and a waiver of service if both parties agree. Detailed financial records support the initial petition and outline the sought terms in the divorce.

One spouse must meet the residency requirements, having lived in the Lone Star State for at least one spouse six months and in the county where the petition is filed for at least 90 days, according to the Texas family code.

After filing, there is a mandatory 60-day waiting period, giving both parties time to reflect and potentially reconcile. The waiting period ensures both parties have ample time to consider their options and decisions.

Service of Process

Service of process is a legal requirement to formally notify the other spouse about the divorce proceedings. If the spouse is unresponsive or cannot be found, the divorce papers may be served through a public notice in a newspaper.

This ensures that the respondent is aware of the legal action and has an opportunity to respond, maintaining the integrity of the legal process.

Responding to the Petition

After being served divorce papers, the respondent is required to file an official response with the court. Responding promptly is crucial to ensure that your rights are protected and that you can present your case effectively.

Respondents may also consider filing counterclaims if they seek relief or remedies related to the divorce, such as division of property or spousal support.

Temporary Orders and Hearings

Temporary orders are one of the first critical steps in how contested divorces unfold in Texas, especially when immediate issues like child custody, support, or property access need resolution. Authorized under Texas Family Code § 105.001, these orders allow a judge to issue legally binding decisions that maintain stability during the divorce process. Whether it’s determining who lives in the family home or where the children will attend school, temporary orders provide structure and clarity while the case is ongoing.

During a temporary orders hearing, both parties present their positions, often with witness testimony or documentation. These hearings can be brief but carry significant weight, as the decisions made here often set the tone for the rest of the case. That’s why it’s essential to be well-prepared—especially if issues like parenting time or educational continuity are in dispute. As our attorneys often explain to clients, the courtroom isn’t just about presenting facts—it’s also about anticipating how your testimony may be challenged. To better prepare, check out our post on what to expect during cross-examination in a divorce trial.

At The Law Office of Bryan Fagan, PLLC, we help clients approach temporary orders with a proactive strategy that protects their rights and prioritizes their children’s well-being. These initial rulings can shape not only the legal process but also the emotional and academic stability of your child. For additional tips on maintaining consistency across households, especially when co-parenting during a contested divorce, read our guide on child-centered parenting plans.

Purpose of Temporary Orders

Temporary orders address immediate concerns like child custody, spousal support, and property use. Temporary orders in Texas courts can only be issued when there is an active suit. This applies specifically to cases affecting the parent-child relationship. These orders are established to provide immediate support for child custody and financial matters, ensuring that both parties have clear guidelines to follow during the divorce proceedings.

Temporary orders hearings occur shortly after filing to ensure quick decisions on urgent matters. During these court hearings, the court evaluates requests for immediate arrangements before the final divorce ruling, providing necessary stability and clarity for both parties until the final orders are established through the divorce decree. A prove up hearing may also be scheduled to finalize certain aspects of the case, including a court hearing.

Temporary Orders Hearings

Temporary orders hearings are a critical part of the divorce process where immediate and often pressing issues are addressed by the court. The purpose includes establishing child custody, determining spousal support, and designating the use of property while the divorce is pending, providing necessary stability and clarity for both parties until the final orders are established.

The Discovery Phase

The discovery phase gathers and exchanges relevant information and evidence to support claims. The process involves gathering information and evidence. It also includes exchanging documents, answering written questions, and taking depositions. Proper preparation during discovery ensures both parties have the necessary information to support their claims, influencing the proceedings’ success.

Gathering evidence is a critical part of the discovery phase, as it helps substantiate claims and uncover hidden assets. Discovery tools, such as interrogatories and depositions, play an essential role in this process.

Gathering Evidence

During the discovery phase, important types of evidence collected include financial records, property valuations, and child custody details related to marital assets. Discovery tools, such as interrogatories and depositions, can be employed to uncover hidden assets and gather necessary documentation. If a spouse is found to have concealed assets during the divorce, the court may impose penalties and require the offending spouse to relinquish the innocent spouse’s share.

Thorough preparation during discovery is crucial for successful divorce proceedings. It ensures that both parties have all the necessary information and evidence to support their claims and make informed decisions.

Depositions and Interrogatories

Depositions in divorce cases involve sworn statements that provide critical information outside of the courtroom. Interrogatories consist of written questions that parties must answer under oath, serving as an important tool during the discovery phase.

These methods help gather essential information and clarify disputed issues, ensuring a thorough examination of all relevant facts.

Mediation and Settlement Negotiations

Mediation minimizes conflict and promotes cooperation between divorcing spouses. This process involves a neutral third party who assists both parties in settling outside of court, addressing common issues like child custody, spousal support, and division of property. Mediation offers a less confrontational way to resolve conflicts, saving time and money, and facilitating open communication on sensitive issues.

Settlement negotiations encourage resolution and streamline the trial process. Pre-trial conferences provide an opportunity for spouses to resolve disputes. This may help them avoid going through a lengthy trial. Attorneys may employ methods such as mediation or litigation to advocate for their clients in a contested divorce.

Role of Mediation

In divorce, mediation involves a neutral third party to resolve disputes before trial. This neutral third party assists both parties in settling outside of court, addressing common issues like child custody, spousal support, and division of property. Mediation offers a less confrontational way to resolve conflicts, saving time and money, and facilitating open communication on sensitive issues.

Mediation frequently addresses issues like child custody and spousal support. Additionally, the division of property is frequently discussed. By resolving these disputes outside of court, mediation helps maintain a collaborative and cooperative environment, reducing the emotional and financial strain of a contested divorce.

Settlement Negotiations

Settlement negotiations aim to encourage resolution and streamline the trial process. Pre-trial conferences provide an opportunity for spouses to resolve disputes and achieve favorable outcomes. This may help them avoid going through a lengthy trial.

Attorneys may employ methods such as mediation or litigation to advocate for their clients in a contested divorce, ensuring that their rights and interests are protected throughout the process.

Preparing for Trial

Thorough trial preparation is vital for achieving a favorable outcome in contested divorces. Engaging in the discovery process helps ensure transparency and informed decision-making regarding settlement terms and trial preparation. Proper preparation involves collecting relevant evidence to substantiate claims during the proceedings.

Effective preparation ensures all necessary documentation and evidence are ready, influencing the outcome. In contested divorce trials, the case may last from one day to several weeks depending on complexity.

Pre-Trial Conferences

Pre-trial conferences clarify issues and set the trial timeline, fostering potential settlements. Judges use pre-trial conferences to identify disputed issues and facilitate potential resolutions. These conferences are crucial for efficient case management and ensuring that both parties are prepared for trial.

Pre-trial conferences clarify issues and set a trial timeline, aiding efficient case management. This helps streamline the divorce proceedings and provides both parties with a clear understanding of the next steps.

Trial Preparation

Preparing before trial establishes case credibility and supports arguments. Preparing for trial involves collecting and organizing evidence and documentation, which is essential for substantiating claims made during the proceedings.

During the trial, both parties present their evidence and arguments to support their case, and expert witnesses may be called to provide specialized knowledge.

The Divorce Trial

When an agreement is not reached between parties, the divorce case is escalated to trial. A divorce trial can last from a day to several weeks, depending on various factors. Each party presents their opening statements at the beginning of the trial process. These statements outline their case to the judge. The Final Decree of Divorce concludes the legal process, detailing terms like property division, child custody, and support arrangements.

In the trial, both parties present their evidence. They also share their arguments to support their case. Witnesses and experts may testify, and the purpose of cross-examination is to challenge the credibility of opposing witnesses and highlight inconsistencies. This ensures that the judge has all the necessary information to make an informed decision.

Presenting Evidence

Witnesses and experts testify during the trial, providing critical information to support each party’s case. The purpose of cross-examination during a trial is to challenge the credibility of opposing witnesses and highlight inconsistencies.

Both parties are responsible for presenting their evidence and supporting arguments, ensuring that the judge has all the necessary information to make an informed decision.

Judge’s Decision

Judges base their decisions on legal principles and the evidence presented in court. During the trial, judges make decisions based on the law and facts. The final judgment and decree outline terms for property division, child custody, spousal support, and responsibilities.

The marriage is legally concluded, setting forth associated rights and responsibilities. If either party disagrees with the judge’s ruling, they have the option to pursue an appeal.

Costs Involved in a Contested Divorce

The expenses of a contested divorce vary widely due to factors like case complexity and the level of conflict. Contested divorces may incur costs for custody evaluations, ranging from $1,000 to $2,500 for county evaluations and up to $15,000 for private evaluators. Additional costs may include court filing fees, which generally range between $100 and $400, and process server fees.

Besides filing fees, other expenses in a contested divorce can average around $1,500. These costs can significantly increase the financial burden of a contested divorce, affecting decisions made during the process.

Attorney Fees

Hiring a divorce attorney can cost between $4,000 and $21,500, depending on whether the case goes to trial. Attorney fees for a contested divorce in Texas can vary, averaging around $7,000, with some spending as little as $5,000.

Hourly rates for divorce attorneys range from $200 to $400, influencing the overall cost based on hours spent.

Court Fees and Other Expenses

Additional costs in a contested divorce include court filing fees and process server fees. Court filing fees, required when submitting divorce documents, vary depending on the county and legal processes.

Process server fees apply if you hire someone to serve papers to your spouse, a necessary step in the divorce process. Costs for expert witnesses, such as financial analysts or child psychologists, may arise, adding to overall expenses.

Emotional and Family Impacts

Contested divorces create heightened emotional strain for spouses and children, often causing more distress than uncontested divorces. Financial costs, stress, loss of sleep, and emotional toll significantly impact mental health during contested divorces. Emotional or financial retaliation during a divorce case can harm well-being and negatively affect children’s health. Emotional abuse during a contested divorce can severely impact self-esteem and mental health, especially when considering a spouse’s financial situation.

Divorce alters children’s daily routines and emotional stability. Safety concerns, like involvement with an abusive spouse, may necessitate a contested divorce to protect family members. Recognizing these impacts is essential for providing support and stability for all family members during this challenging time.

Impact on Children

Contested divorces can cause significant sadness and confusion among minor children involved as they process family changes and other divorce related issues. Children involved may experience emotional challenges like depression, anxiety, and feelings of abandonment during their parents’ contentious separation. It is crucial for parents to provide a warm, structured environment with clear expectations to help their children cope effectively.

Encouraging open communication and allowing children to express their feelings can greatly assist their emotional adjustment during a divorce. Maintaining consistent routines helps children navigate divorce changes and provides stability amidst the chaos.

Educators and counselors play a vital role in supporting children’s emotional well-being during their parents’ divorce.

Seeking Counseling

Professional counseling helps individuals cope with the emotional challenges of a contested divorce. Professional counseling offers essential emotional support during the tumultuous divorce process. Psychological support improves well-being and adjustment for individuals going through a divorce.

Counselors and psychologists provide vital psychological and emotional support during the divorce process.

Importance of Legal Representation

Legal representation is crucial in contested divorces to advocate for rights and navigate complex legal procedures. Legal representation is vital for handling strong conflicts and navigating negotiation, mediation, and litigation. An experienced Texas family law attorney can help protect what matters most—your family’s future. The role of a divorce attorney includes providing support, guidance, and developing personalized strategies for clients.

Consulting a knowledgeable divorce attorney helps navigate laws and safeguard rights and interests. Anticipating obstacles and helping clients explore settlement options can reduce delays in the divorce process. Each divorce case is unique and requires a tailored approach, which legal representation and right legal guidance provide. If you find yourself in a challenging situation, it is wise to seek legal representation.

Experienced counsel ensures clients feel cared for and well-represented during contested divorces. An experienced attorney can provide the necessary support in these situations.

Benefits of Experienced Attorneys

Hiring a divorce attorney is generally recommended for contested divorces to ensure proper representation. A skilled attorney is pivotal to achieving the best possible outcome in your divorce. Skilled attorneys navigate intricate legal processes, ensuring a thorough examination of assets, custody, and support. A good family law firm cares about its clients, providing aggressive and knowledgeable representation.

Clients appreciate their attorneys’ expertise, communication, dedication, and personal care during the divorce process. Financial considerations for hiring a divorce attorney include costs of legal representation, accurate documentation, and advocacy.

Client Testimonials

Clients express satisfaction with their attorneys, noting they felt supported and well-represented throughout the divorce process. Client testimonials offer valuable insights into the divorce process. Having knowledgeable attorneys is essential for effectively navigating the complexities of contested divorces.

The Law Office of Bryan Fagan, PLLC offers experienced legal assistance to help clients succeed in their contested divorce.

Conclusion:

Navigating a contested divorce in Texas isn’t just about paperwork, court dates, or property—it’s about making sure your child still has a science fair project, a backpack full of books, and a sense of security when everything else feels like it’s shifting. If there’s one thing to remember from everything we’ve covered, it’s this: your legal strategy and your child’s academic well-being are more connected than you might think.

When you understand how contested divorces unfold in Texas, you’re better equipped to make choices that not only protect your rights but also create stability for your child—both at home and at school. And the truth is, you don’t have to figure it out on your own.

If you’re feeling overwhelmed, uncertain, or just want to make sure you’re doing right by your kids, let’s talk. The experienced team at The Law Office of Bryan Fagan, PLLC is here to guide you with clarity, compassion, and the kind of legal insight that truly makes a difference.

So take a breath, give yourself credit for showing up and seeking answers, and when you’re ready—reach out. Because your future, and your child’s success, deserve a plan that works in and out of the courtroom.

And who knows? With the right support, you might just turn this chapter into a powerful new beginning.

Frequently Asked Questions About Contested Divorce in Texas

How long does a contested divorce take in Texas?

A contested divorce in Texas typically takes anywhere from six months to over a year, depending on the complexity of the issues and the level of conflict between the parties.

What is the 10 year rule in divorce in Texas?

The “10 year rule” in Texas refers to eligibility for spousal maintenance. If a marriage lasted 10 years or more, the court may consider awarding spousal support if the requesting spouse cannot meet their minimum reasonable needs.

Can a divorce settlement be reopened in Texas?

Yes, a divorce settlement can be reopened in certain cases in Texas, such as when there is evidence of fraud, duress, or newly discovered assets that were not disclosed during the original proceedings.

What is the average cost of a contested divorce in Texas?

The average cost of a contested divorce in Texas ranges from $15,000 to $30,000 or more, depending on factors like attorney fees, expert witnesses, court costs, and how long the case takes to resolve.

What is the minimum time for contested divorce?

The minimum time for any divorce in Texas, including a contested one, is 60 days from the date the petition is filed. However, contested cases usually take much longer due to unresolved disputes.

What is the longest a divorce can take in Texas?

There is no maximum time limit for a divorce in Texas. Some highly contested divorces can last several years if the parties cannot reach agreements or if there are complex issues involving custody or property.

What is Rule 11 in Texas divorce?

Rule 11 of the Texas Rules of Civil Procedure allows parties to enter into enforceable written agreements during litigation. In divorce cases, these agreements must be signed and filed with the court to be binding.

Does length of marriage affect divorce settlement in Texas?

Yes, the length of the marriage can influence property division and eligibility for spousal support. Longer marriages may lead to more equitable division and an increased likelihood of support being granted.

Who gets to keep the house in a divorce in Texas?

In Texas, who keeps the house depends on whether it is community or separate property. Courts aim for a “just and right” division, and factors like child custody, financial contributions, and housing needs influence the outcome.