Living with another person is not always easy. Marriage can be hard work; sometimes, it can be time to throw in the towel when it’s not working out for you. Going through an Austin divorce can be an exhausting and stressful time in your life. Add in extra frustration when you and your spouse disagree about the divorce, and it gets even more challenging. When you are considering a divorce and know that you won’t agree with each other about it, you’ll want to consult with Austin contested divorce lawyers. Learning what to expect from a contested divorce can be beneficial in preparing you for what’s ahead.
What is a Contested Divorce in Texas?
You may be wondering, “What is a contested divorce in Texas?” A contested divorce in Texas is when the spouses do not agree to all of the terms of the divorce, including things like child custody, child support, or division of debt. In a Texas contested divorce, each spouse will need to hire an Austin contested divorce lawyer to represent them in the divorce case. Eric Willie is an experienced Austin contested divorce lawyer who has represented many spouses in contested divorce cases throughout Texas.
Not all divorces are created equal. Some divorces are easily arranged, with both parties agreeing to everything involved in the split with little to no disagreement. For instance, in an agreed divorce, the marriage was very short, with little to no assets and no children involved. However, there are times when there is a contested divorce in which both parties are not in agreement. Sometimes, they may not be in agreement on only a few things, but other times, it may mean that they aren’t in agreement about anything. A contested divorce where neither party will give ground will typically end in court, with a judge having the final say in the divorce agreement unless mediation is successful.
Types of Contested Divorces
There are often two main reasons why a divorce is contested. The first type of contested divorce is when one spouse is ready for the marriage to be over and files for a divorce, while the other spouse wants the marriage to continue and doesn’t want the divorce to happen. This situation can be a complicated matter where one person wants to remain together. The other type of contested divorce is when the two spouses agree that it’s time for a divorce but are in disagreement regarding the specifics, such as child custody or dividing the marital assets. In some cases, a Texas divorce can start off amicable, with both parties agreeing on the terms of their divorce, and then have it turn into a contested divorce that needs to be settled by a mediator or ultimately in the courts when neither party will give in and work together.
What Can You Expect in an Austin Contested Divorce?
You can expect several steps to occur in a contested divorce. The first step is filing the divorce petition. Once the divorce petition is filed, the spouse who was served the divorce papers has 20 days to respond to it. Also, after the petition for the divorce is filed, there may need to be some temporary orders put into place during the divorce process before anything is finalized, such as determining a temporary parental plan in cases with children. Consider this like a mini-trial where the courts will make provisional decisions on what should happen with the children, finances, and other matters for the short term.
The negotiation stage will then start with both parties trying to work together to come to a compromise on how to handle the split regarding the children, assets, and other matters for the long term. Often, this can be accomplished through mediation, where both spouses and their legal representatives work with a trained mediator to help them negotiate what they each want out of the divorce. Even in a hotly contested divorce, mediation is often an excellent tool to try to use because it eliminates the possibility of a judge making a ruling that they have no input on the outcome of the situation. However, there are times when neither spouse will be happy with the judge’s decisions if it goes to trial. Plus, having to go to trial can be expensive and drag out the amount of time the Austin divorce takes to be finalized.
When mediation doesn’t work, the final divorce trial occurs. During this time, both spouses will present their cases through their Austin divorce attorneys for the judge to make the final determination. The judge will have the final say regarding the divorce and any parental agreements that both parties have to abide by once put into place. Having to go to trial can be an expensive and often time-consuming process that can end in neither spouse being happy with the results. We can also help with your contested divorce process if you are looking for a Pro Se divorce in Austin.
How Should I Prepare for a Contested Divorce?
There are a few things that you can do to prepare for a contested divorce. The first is to seek out legal counsel. A Texas divorce can be tricky, and trying to handle it alone can put you in a challenging situation. Speaking with an Austin divorce lawyer near you will help to protect you and your interest throughout the process. Also, you’ll want to get your finances in order. It’s essential to have a picture of what your finances look like with your spouse and determine whether or not you’ll be able to support yourself after the divorce. In addition, if you have children, you will want to consider what you wish to happen with them after the divorce, such as wanting full custody due to domestic violence in the marriage. Finally, it can also be helpful to have an idea of what you’d like to see at the end of the divorce process, such as being able to keep a particular asset, such as the house.
Contact an Austin Divorce Lawyer for a Texas Contested Divorce Near You
Even when you and your soon-to-be ex agree entirely about your divorce, it can often be an excellent idea to have an experienced Austin divorce attorney representing you. It usually doesn’t take much for an amicable split to become a contested divorce. When you start with a contested divorce, you’ll want to have a reliable and knowledgeable attorney on your side. They can help guide you through the best options on how to make it through this often long and complicated process. Contact our Austin Contested Divorce lawyer near you by calling our office at 737-201-7742 to discuss your situation with our experienced divorce lawyers.
No one wants to consider what their life may be like during a divorce, but when it’s time for a split, you need to do what’s right for you. Getting professional help that cares is often the best option for getting to the other side of the split in your relationship. When you’re looking for an Austin contested divorce attorney, you can rely on Eric Willie and his team. Contact their experienced staff today to discuss your contested divorce situation.
Reviews of Our Top-Rated Austin, Texas Divorce Attorneys
“This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo
“I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter
“I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman
These are just some of our 176+ Google reviews.