pixel

Contested Divorce Lawyer in The Woodlands

Expert Contested Divorce Lawyer in The Woodlands – Bolton Law

Getting a divorce is never easy. That is because it is an experience that comes with a lot of anger, anxiety, and stress. There are two types of divorce in Texas: contested divorce and uncontested divorce. In a contested divorce, the spouses can’t agree on terms. Dealing with a contested divorce is the hardest process to go through. A contested divorce is time-consuming, costly, and creates a hostile environment.  It is imperative you hire a contested divorce lawyer in The Woodlands.

Whatever type of divorce you are going through, you should strongly consider consulting with a highly experienced divorce lawyer in the Woodlands, Texas.

The good news is that our firm is here to help you through this time by offering legal counsel and representation. We will help you save time, money, and the stress that comes with the process. You need the best contested divorce lawyer in The Woodlands by your side. That is because it is probably going to affect your life in the future. You need a contested divorce lawyer who knows and understands the legal process very well.

At Bolton Law, we have a team of highly skilled and experienced contested divorce lawyers who are ready to take action. Call us today at 281-351-7897 to find out more about how we can help you, answer any questions you may have, and receive legal counsel.

What Does Contested Divorce Mean?

A contested divorce is a divorce where both parties disagree on issues. This can be anything from property to alimony, child support, child custody, and others. Remember, a divorce is often complicated because it involves disagreeing parties on one or more issues.

If one spouse wants a divorce and the other does not, the Texas family court will consider it as contested. Because the spouses do not agree on issues, contested divorces are usually time-consuming and expensive. That is because it involves a lot of time in court, comes with higher lawyer fees, and a prolonged trial.

What Is the Difference Between Contested and Uncontested Divorces?

As you probably know, there are two types of divorces in Texas. These are contested and uncontested divorces. A contested divorce means the two sides disagree on the terms, such as child custody, marital property and debts, spousal support, and child support.

The primary differences between the two types of divorce are the legal process, time, and cost. Although the cost of filing a divorce is the same, spouses going through a contested divorce will spend more money and time. Do not forget the fact that, based on your situation, you may need the services of expert witnesses like appraisers, financial consultants, and others (who will surely charge for their services).

As it is common in most states, a judge is required to wait a specified amount of time before finalizing a divorce. Unless there was family violence, the judge must wait at least 60 days after the divorce petition was filed. However, with a contested divorce, the wait time may be considerably longer due to case proceedings and other divorce-related issues.

Other differences are:

6 stages in the divorce process

Contested Divorce

The term “contested” refers to just that (a dispute), and just like any dispute, it can go on and on and on. Because of this, spouses will have to go through many steps before the divorce is finalized, which are:

  • Divorce petition preparation, filing, and service. This is a legal document that requests a divorce, and it states the grounds or reason for the divorce.
  • Make a response to the petition.
  • Legal advice from a family lawyer
  • Participating in the divorce investigation. This is an information-gathering process that comes with different legal processes.
  • Pursuing pre-trial legal action and hearting. At this stage, both parties will try to negotiate or come up with a settlement proposal.
  • Going to trial (in the event that negotiations fail)
  • Filing an appeal (if you dispute the decision of the judge)

Remember, with a contested divorce, the judge will issue a final order showing all the judge’s decisions after the trial.

Arguing couple meeting contested divorce lawyer in The Midlands Texas

Uncontested Divorce

With an uncontested divorce, things are much easier compared to a contested divorce. With this type, it means that the spouses agree on all issues related to the divorce. Although, according to Texas law, some specific factors must be met. This is why it is wise to consult a lawyer. The best thing about an uncontested divorce is that it helps preserve the relationship between the spouses, which is best when it comes to other issues such as child custody and support.

The divorcing spouses must work towards a mutually agreeable resolution to resolve all divorce issues. If both parties have agreed to proceed with an uncontested divorce but have trouble communicating with each other, they can participate in mediation.

Mediation is a voluntary process where a neutral third party facilitates a conversation between the spouses. After the spouses agree, a draft agreement will be produced, which is later presented to the court. If the court is satisfied with everything, it will become a legally binding divorce order.

What Are the Reasons for Contesting a Divorce?

It is important to note that Texas is a no-fault divorce state. This means that a spouse does not have to prove the other spouse did anything wrong to get divorced. Uncontested divorces are generally no-fault divorces.

Texas has specific grounds for a fault-based divorce. These include:

  • Cruelty
  • Adultery
  • Felony conviction
  • Abandonment
  • Confinement to a mental hospital for at least 3 years

If one spouse files for divorce on fault-based grounds, the other may dispute the claims leading to a contested divorce. There are many other reasons why divorces become contested.

Common issues in a contested divorce include:

An experienced contested divorce lawyer in The Woodlands will know the laws on these issues and be able to advocate for your interests.

contest divorce lawyer

Comprehensive Guide Through the Contested Divorce Process

At Bolton Law, we know that navigating a contested divorce can feel overwhelming and intimidating. The process involves numerous legal steps, each of which requires careful attention to detail and thorough preparation. Our goal is to demystify the process, ensuring you feel informed and empowered at every stage.

The journey begins with filing a divorce petition, the formal document that initiates your case. This step sets the stage for the legal proceedings to follow, and it’s crucial to ensure the paperwork is accurate and comprehensive. From there, responses are required from the other party, and our contested divorce attorneys handle all aspects of communication to protect your interests and maintain clarity.

Mediation is often the next step, offering a chance to resolve disputes in a less adversarial setting. Whether addressing issues of child custody, spousal support, or property division, our skilled legal team works diligently to advocate for your goals during mediation sessions. If a resolution cannot be reached, the case moves to trial, where our contested divorce lawyers will prepare a robust and well-organized argument to present to the court.

Throughout the process, our contested divorce attorneys keep you informed about timelines, legal expectations, and potential outcomes. Our contested divorce attorneys combine strategic planning with empathetic support to ensure you feel prepared to face every legal challenge. At Bolton Law, we prioritize your peace of mind while relentlessly pursuing a fair and favorable resolution for your contested divorce.

Resolving the Complexities of Common Divorce Disputes With Bolton Law

Contested divorces often involve deeply personal and emotionally charged disputes that can make an already challenging process even more difficult. At Bolton Law, we bring our extensive knowledge and experience to help resolve the issues most commonly contested in divorce cases, such as property division, child custody, and spousal support.

Property division in a contested divorce requires a meticulous review of marital assets and liabilities. From evaluating the division of real estate and investments to personal property and debts, our contested divorce lawyers work tirelessly to ensure that your financial future is protected. We understand the importance of fair distribution and fight for outcomes that reflect your contributions and needs.

Child custody disputes are among the most sensitive aspects of a divorce. Our contested divorce attorneys understand the complexities of custody arrangements, visitation schedules, and parental rights. We are committed to advocating for the best interests of your children while safeguarding your role as a parent. Whether it’s negotiating custody terms or presenting a compelling case in court, our contested divorce lawyers approach these matters with compassion and precision.

Spousal support, or alimony, is another common area of contention in contested divorces. Determining whether support is warranted, the amount to be paid, and the duration of payments requires careful legal analysis. Our team examines every detail, including income, earning potential, and lifestyle, to ensure equitable results.

At Bolton Law,Our contested divorce lawyers tailor our approach to address the unique circumstances of your case. By combining legal expertise with personalized strategies, we help you navigate even the most contentious disputes with confidence and clarity. Trust us to provide the guidance and advocacy needed to resolve your contested divorce efficiently and effectively.

contested divorce lawyer in the woodlands texas

Frequently Asked Questions About Contested Divorce Litigation

What is the difference between contested and uncontested divorce in Texas?

A contested divorce occurs when spouses cannot agree on key terms such as property division, child custody, or spousal support. In contrast, an uncontested divorce means both parties agree on all aspects of the divorce without the need for court intervention. Contested divorces often require extensive negotiation, mediation, and potentially a trial to resolve disputes.

How long does a contested divorce take in Texas?

The duration of a contested divorce depends on the complexity of the case and the willingness of both parties to negotiate. On average, contested divorces can take six months to over a year to finalize. Factors such as child custody disputes, extensive asset division, and uncooperative spouses can extend the timeline significantly.

What are the key steps in contested divorce litigation?

Contested divorce litigation typically involves filing the initial divorce petition, serving the other party, and responding to the petition. Discovery follows, where both parties gather and exchange evidence. Mediation or settlement discussions may take place to attempt resolution. If an agreement cannot be reached, the case proceeds to trial, where a judge makes the final decisions.

How much does a contested divorce cost in The Woodlands, Texas?

The cost of a contested divorce varies depending on the complexity of the issues and the amount of time required to resolve them. Attorney fees, court costs, and expenses related to mediation or expert witnesses can all contribute to the overall expense. While contested divorces are typically more expensive than uncontested ones, hiring a skilled contested divorce lawyer can help minimize unnecessary costs.

What are common issues disputed in a contested divorce?

The most common areas of dispute in contested divorces include child custody and visitation, property division, spousal support, and the division of debts. Disagreements may also arise over business interests, retirement accounts, or valuable personal property. Resolving these disputes often requires legal expertise to navigate the complexities of Texas family law.

Can contested divorce cases be resolved without going to trial?

Yes, many contested divorce cases are resolved without a trial. Mediation, arbitration, or settlement negotiations often result in agreements that satisfy both parties. However, if an agreement cannot be reached, trial becomes necessary, and a judge will make the final decisions regarding the contested issues.

What should I bring to my consultation with a contested divorce lawyer?

For your initial consultation, bring relevant documents such as financial records, tax returns, prenuptial agreements, and details about assets and debts. If child custody is involved, provide information about the children’s schedules, needs, and any current custody arrangements. These documents help your lawyer understand your situation and develop a strategic plan for your case.

How can I protect my rights during contested divorce litigation?

Protecting your rights during contested divorce litigation starts with hiring an experienced contested divorce attorney. Your contested divorce lawyer will ensure that your interests are represented in all legal proceedings, including mediation and trial. Be honest and transparent with your attorney, provide necessary documentation promptly, and follow legal advice to achieve the best possible outcome.

What happens if my spouse refuses to participate in the divorce process?

If your spouse refuses to cooperate, the court may proceed without their active participation. This is known as a “default divorce,” where a judge makes decisions based on the information provided by the participating spouse. However, this process still requires careful preparation to ensure fair outcomes and adherence to legal procedures.

Can I modify the terms of my contested divorce after it is finalized?

Yes, certain terms of a divorce, such as child custody, visitation, or spousal support, can be modified after the divorce is finalized. However, you must demonstrate a significant change in circumstances to request a modification. An experienced family law attorney can help you navigate the modification process effectively.

contested divorce attorney in the woodlands texas

Do I Need a Contested Divorce Lawyer in The Woodlands?

Because divorce is not easy, we recommend speaking to a contested divorce lawyer. Your lawyer is in a better position to provide legal counsel and the legal options you have based on your case. Call our Texas family lawyers today to learn more about your legal options.

For a contested divorce in the Woodlands, Texas, consult our contested divorce attorneys.

At Bolton Law, we value our clients and make it our job to ensure you get the best arrangement possible when it comes to a contested divorce. Remember, the divorce process comes with many other factors, such as property division, child custody, child support, and more. If you are in a contested divorce, you have a lot on the line.

If you find yourself in this situation, do not hesitate to contact a contested divorce lawyer in The Woodlands, Texas.

Get in touch with us at 281-351-7897

Bolton Law
Take the First Step,
You'll be Glad You Did

Bolton Law, led by board-certified lawyer Ruby Bolton, handles all types of divorce and family law matters.

With decades of combined experience, our team will work tirelessly to get you the outcome you deserve.