Divorce can quickly become more complicated and emotionally taxing when spouses cannot agree on key issues like child custody, property division, or spousal support. Navigating the contested divorce steps effectively and implementing strategies for protecting your assets during a contested divorce can help you with achieving a fair outcome. With the right approach and legal support, you can better manage the process and work toward a resolution that serves everyone’s best interests.
What Is a Contested Divorce in Texas?
A contested divorce in Austin occurs when spouses cannot reach an agreement on important issues, requiring the court to step in and make decisions. This process can involve lengthy legal proceedings, negotiations, and hearings to resolve disputes over child custody, property division, and financial support. Knowing the contested divorce steps and strategies for protecting your assets during a contested divorce can help you prepare for what lies ahead.
Contested Divorce Steps in Austin
Step 1: Filing the Divorce Petition
The first of the contested divorce steps is filing an Original Petition for Divorce with the district court in the county where either spouse resides. This document outlines the petitioner’s requests regarding property division, child custody, and other relevant issues. Once filed, the court issues a citation that must be served to the other spouse (the respondent), officially notifying them of the divorce proceedings.
Step 2: Responding to the Divorce Petition
One of the most important contested divorce steps is how the respondent handles the divorce petition. After being served, the respondent has until 10:00am the Monday after 20 days from being served to file an official answer with the court. If the respondent fails to respond, the court may issue a default judgment in favor of the petitioner after the required 60 day divorce waiting period has passed.
Step 3: Temporary Orders Hearing
Either spouse may request a Temporary Orders Hearing as part of the contested divorce steps. A Temporary Orders Hearing helps establish temporary arrangements for child custody, spousal support, and financial responsibilities until the final divorce decree is issued.
Step 4: The Discovery Process
Another key stage in contested divorce steps is discovery, where both parties exchange information about their finances, assets, and other relevant details to prevent asset concealment.
Step 5: Mediation and Settlement Negotiations
Mediation is one of the most common contested divorce steps that can help spouses avoid trial. Before trial, Texas courts encourage mediation, where both spouses work with a neutral third-party mediator to attempt a settlement. Many contested divorces are resolved at this stage, avoiding the stress and expense of trial.
Step 6: Preparing for Trial
If mediation does not work, preparing for trial is one of the most important contested divorce steps. At trial, both sides present evidence and arguments before a judge. The court then makes final rulings on property division, child custody, and spousal support.
Step 7: Finalizing the Divorce
The final stage in contested divorce steps is obtaining the Final Decree of Divorce, which legally ends the marriage and outlines final decisions on all contested matters.
How Long Does a Contested Divorce Take in Austin?
Understanding contested divorce steps also means knowing how long the process can take. A contested divorce in Texas can take anywhere from six months to over a year, depending on the complexity of the case. The state requires a minimum 60-day waiting period after filing before a divorce can be finalized, but most cases take longer due to legal procedures and unresolved disputes.
Protecting Your Assets During a Contested Divorce
One of the most contentious aspects of a contested divorce in Austin is the division of assets. Since Texas follows community property laws, most assets acquired during the marriage are considered jointly owned. However, this does not always mean a 50/50 split. Steps for protecting your assets during a contested divorce include:
- Documenting Assets: Keep records of marital and separate property to create fair classification while protecting your assets during a contested divorce.
- Looking Out for Hidden Assets: Some spouses conceal wealth in undisclosed accounts or business ventures. A forensic accountant can help uncover these.
- Avoiding Major Financial Moves: Transferring or hiding funds can raise legal concerns and hurt your case.
- Hiring an Experienced Attorney: A skilled Austin divorce lawyer can help negotiate a fair division and create a plan for protecting your assets during a contested divorce.
Proactive planning and the right legal guidance can help you with protecting your assets during a contested divorce.
Finding the Right Legal Support for Your Contested Divorce
Facing the contested divorce steps can be stressful and emotionally draining, but having the right support can make the process more manageable. An Austin divorce attorney can help you understand your rights and navigate the legal proceedings. Protecting your assets during a contested divorce is equally as important, and having skilled legal support can help you receive a fair settlement. At Deyerle Silva Smith, we are committed to helping you achieve the best possible outcome. Contact us today to schedule a consultation and take the first step towards a better future.