Divorce is never an easy process, and when both parties cannot agree on key issues, the situation becomes even more complex. In Houston, contested divorce cases involve disputes over critical matters such as property division, child custody, and spousal support. Navigating these challenges requires a clear understanding of the legal process and careful planning.
This blog will outline the essential steps to take during a contested divorce in Houston, offering practical advice for managing each stage of the process.
1. Understand the Grounds for Divorce
The first step in any divorce case is to establish the grounds for divorce. In Texas, you can file for a divorce based on either fault or no-fault grounds. No-fault grounds, such as “insupportability,” mean that the marriage has become unsustainable due to conflict or differences. Fault-based grounds can include adultery, cruelty, abandonment, and more.
Understanding the grounds for divorce is crucial because it can impact various aspects of the case, including property division and spousal support. A family lawyer in Houston, TX, can help you determine the most appropriate grounds for your situation and how to present them effectively in court.
2. Hire an Experienced Family Lawyer
Navigating a contested divorce case in Houston requires the expertise of a skilled attorney. A family lawyer in Houston, TX, will guide you through the complexities of the legal process, helping you protect your rights and interests. Your lawyer will also assist with gathering evidence, filing necessary documents, and representing you in court.
Choosing the right lawyer is critical. Look for a legal professional with experience in contested divorce cases and a deep understanding of Texas family law. Additionally, consider their approach to negotiation and litigation, as both are essential in contested divorces.
3. File the Divorce Petition
Once you have retained legal representation, the next step is to file the divorce petition with the appropriate court in Houston. The petition is a legal document that initiates the divorce process and outlines the relief you seek, such as child custody, property division, and spousal support.
After filing the petition, your spouse will be served with the divorce papers, which officially notify them of the legal action.
4. Respond to the Divorce Petition
If you are on the receiving end of a divorce petition, it is crucial to respond promptly. Failing to respond can result in a default judgment, where the court grants the petitioner’s requests without your input. Working with a family lawyer in Houston, TX, will help you prepare a strong response, ensuring that your voice is heard in the proceedings.
In your response, you can agree with some or all of the terms outlined in the petition, or you can contest specific issues. This response sets the stage for negotiations and, if necessary, a trial.
5. Gather and Organize Evidence
One of the most critical stages of a contested divorce case in Houston is gathering and organizing evidence. Common types of evidence include financial records, property appraisals, communications between spouses, and documents related to the care and well-being of children.
6. Attempt to Negotiate a Settlement
Before taking your contested divorce to trial, the court will encourage both parties to attempt to settle. Negotiating a settlement can save time, reduce legal costs, and provide a more amicable resolution to the divorce. Settlement negotiations often involve discussions about property division, child custody arrangements, spousal support, and other relevant issues.
Your family law professionals in Houston will play a crucial role in these negotiations, advocating for your interests while seeking common ground with your spouse. If a settlement is reached, the terms will be formalized in a written agreement and submitted to the court for approval.
7. Attend Court Hearings
Throughout the divorce process, you may be required to attend various court hearings, such as temporary order hearings, status conferences, and the final trial. These hearings address specific issues, such as temporary child custody or support orders, and ensure that the case is progressing.
Your family lawyer in Houston, TX, will guide you through these hearings, advising you on what to expect and how to present yourself in court. It is important to follow your attorney’s instructions and remain cooperative throughout the process.
8. Receive the Final Divorce Decree
Once the trial concludes, the judge will issue a final divorce decree. This decree outlines the terms of the divorce, including the division of assets, child custody arrangements, spousal support, and any other relevant orders. Both parties are legally bound to follow the terms outlined in the decree.
If you disagree with the court’s decision, you may have the option to appeal the judgment. However, appeals are complex and require strong legal grounds, so it is essential to consult with your divorce attorney to determine the best course of action.
Daniel Ogbeide Law specializes in contested divorce cases in Houston. If you are facing a contested divorce, contact us today to schedule a consultation and learn how we can assist you in this challenging time.