Divorce can be a daunting process, and if you’re considering divorce in Texas, it’s crucial to understand what lies ahead. Whether it’s an uncontested or contested divorce, the steps are similar, but contested divorces can be much more complicated, especially when it comes to property division and child custody. Here’s a breakdown of what you can expect during the divorce process and how a contested divorce lawyer in Houston, Texas, can help guide you through.

Step 1: Filing for Divorce

The first step in any divorce case is filing a Petition for Divorce with the court. One spouse (the petitioner) files the petition, which outlines the grounds for divorce. Texas is a no-fault divorce state, meaning that you can file for divorce without proving wrongdoing by either party. However, if issues like adultery or cruelty are factors, they can be cited as grounds for divorce. After filing, the other spouse (the respondent) must be served with divorce papers, notifying them of the legal action.

Step 2: Responding to the Petition

Once served, the respondent has a specific time frame (usually about 20 days) to file an answer. If they do not respond, the court may grant a default judgment. If they do respond, the case can proceed, potentially leading to mediation or court hearings. At this stage, it’s essential to seek advice from a contested divorce attorney in Houston to help prepare your response and represent your interests effectively.

Step 3: Temporary Orders

In cases where immediate issues need to be addressed, either party can request temporary orders. These orders may cover matters like child custody, spousal support, or who will remain in the family home during the divorce proceedings. Temporary orders provide stability until a final agreement is reached.

Step 4: Discovery Phase

The discovery phase is a critical part of the divorce process, especially in contested divorces. It involves gathering information from both parties to ensure a fair and transparent division of assets and debts. This process may include exchanging financial documents, answering written questions (interrogatories), or conducting depositions.

Step 5: Negotiation and Mediation

Most Texas divorce cases are resolved through negotiation or mediation rather than going to trial. Mediation involves a neutral third party who helps facilitate a settlement between the divorcing spouses. If you and your spouse can agree on the division of assets, child custody, and support issues, you can avoid a lengthy court battle. However, if an agreement cannot be reached, it may be necessary to proceed to trial. Having a contested divorce lawyer in Houston, Texas, at your side during mediation can help you understand your options and protect your interests throughout the process.

Step 6: Going to Trial

In cases where mediation fails, the divorce will proceed to trial. This is where a contested divorce attorney is essential, as they will represent your interests before a judge. During the trial, both parties present their evidence, call witnesses, and make arguments. The judge then decides on the division of property, custody arrangements, and support obligations based on Texas family law.

Step 7: Finalizing the Divorce

Once the trial concludes, the judge issues a final decree of divorce, which outlines the terms of property division, custody, and support. This decree is legally binding and must be followed by both parties. It’s vital to have an experienced legal support team for the property division to ensure the final agreement accurately reflects your entitlements and protects your financial future.

Why Choose Daniel Ogbeide Law?

At Daniel Ogbeide Law, we provide tailored legal assistance for contested divorces in Houston, focusing on property division, child custody, and spousal support. We aim to make the process as smooth as possible, giving you the confidence to move forward with your life. If you’re facing a contested divorce, don’t navigate the process alone—reach out to us for compassionate, professional support.

Learn more about our family law practice here. Alternatively, contact us today for assistance with your legal case.