Sugar Land Contested Divorce Attorney

What is a Contested Divorce in Texas?

A contested divorce is a divorce where the couple is not able to agree on all the issues pertaining to their divorce. These types of issues include property division, child custody, child support, and spousal support.

If a couple cannot resolve these matters outside of the courtroom, then they will need to contest them in court before a judge. The judge will make the final determination after filing for divorce. However, there are several types of divorces you can pursue, depending on the circumstances.

When you and your spouse have tried to come to an agreement on the important matters involved in a divorce and failed, a contested divorce may be the next step. The Sugar Land divorce lawyer at Kutty Law Firm, PLLC stands ready to represent you every step of the way through even the toughest litigation.

Grounds for a Contested Divorce in Texas

Texas law allows for both fault-based and no-fault grounds for divorce. In a no-fault divorce, neither party needs to prove wrongdoing by the other spouse. A no-fault divorce can be initiated on the grounds of "insupportability," meaning that the marriage has become irretrievably broken.

However, when a divorce is contested, it often involves fault-based grounds where one party believes the other has done something to justify the dissolution of the marriage. Some common fault-based grounds in a contested divorce include:

• Adultery: One spouse has engaged in an extramarital affair.
• Cruelty: One spouse has subjected the other to physical or emotional abuse.
• Abandonment: One spouse has left the other without a reasonable intention to return.
• Conviction of a Felony: If one spouse has been convicted of a felony and imprisoned for more than a year, the other spouse may file for a contested divorce.
• Living Apart: If the spouses have lived separately for at least three years, the marriage may be deemed irretrievably broken.

Your Sugar Land contested divorce attorney will help determine whether fault-based grounds apply to your case and how they can affect property division, alimony, and child custody arrangements.

Key Issues in a Contested Divorce

Several key issues often lead to a contested divorce. These issues can lead to heated debates and, in some cases, lengthy court battles.

During a contested divorce, Kutty Law Firm, PLLC handles all points of contention, including:

• Property division, including marital home and vacation properties, commercial properties, pensions and retirement accounts, and businesses
• Spousal support (alimony)
• Child support
• Child custody/visitation

Property Division

Texas is a community property state, meaning that assets and debts acquired during the marriage are generally divided equally between spouses. However, contested divorces often involve disputes about whether certain assets are separate or community property. One spouse may argue that certain property, such as a business or inheritance, should remain their separate property.

Before you visit a contested divorce attorney, make a list of all the property you and your spouse own and determine if it was purchased prior to the marriage or during the marriage. If possible, determine the value or equity in the property. Make a list of all checking and savings accounts, whether they are in your name, your spouse's name, or both. The same goes for credit card debt, pensions, and retirement accounts.

If you can gather this information and organize it prior to seeing an attorney, this will assist your lawyer in giving you a rough idea of how your assets may be divided. It will also save time and money during the pendency of your divorce proceedings.

Child Custody and Visitation

When children are involved, child custody and visitation often become major points of contention in a contested divorce. In Texas, the courts generally favor joint managing conservatorship, which means both parents share decision-making responsibility for the child. However, in contentious situations, one parent may seek primary custody (called "sole managing conservatorship") while the other may be granted visitation rights.

A Sugar Land contested divorce lawyer will advocate for the custody arrangement that serves the best interests of your child while considering your rights as a parent. If there are allegations of abuse or neglect, this can complicate matters further, requiring legal intervention to ensure that your child’s well-being is safeguarded.

Child Support

Texas has guidelines for child support based on the paying parent’s income and the number of children being supported. However, in a contested divorce, parents may dispute the amount of child support or who should pay. The paying parent may argue that the amount is too high, while the receiving parent may assert that it is too low to adequately care for the children.

Spousal Support (Alimony)

Spousal support is often disputed in a contested divorce. In Texas, spousal support is not automatically awarded, and the requesting spouse must show that they meet certain criteria, such as needing financial assistance due to disability or an inability to support themselves after the divorce.

Disagreements often arise about the amount and duration of spousal support. A Sugar Land contested divorce lawyer will help you make a compelling case for or against alimony, ensuring that any award is fair and just based on your unique circumstances.

Steps in a Contested Divorce

If both parties cannot come to an agreement for the terms of their divorce, then they must take the following steps to file for contested divorce:

• Service - In order for you to begin the process, you must serve your spouse the divorce documents. This must be done by a process server, constable, or even a law enforcement member. The spouse who has been served now has 20 days to respond.
• Temporary Orders - These are often smaller hearings broken up into several dates. These allow for both parties to present evidence and convince the judge of their testimonies. Temporary order hearings are intended to help the family remain productive during difficult times, especially when it comes to personal family issues.
• Negotiation - Though contested divorces are thought of as aggressive and one-sided, there are elements of negotiation that can come through ways of mediation sessions. These are the opportunities where both parties can try and settle their differences. If not, the final step takes place.
• Trial - A trial must be attended if mediation hasn't helped both parties come to a mutual agreement. Depending on the amount of issues fought over in the divorce, the trial may last a couple weeks or even a couple years.

How Long Does it Take to Get a Contested Divorce in Texas?

After a petition is filed, it still takes 60 days before it to become final. However, the complexity of the issues may lengthen it from six months to a year.

Benefits of Hiring a Contested Divorce Attorney in Sugar Land

Going through a contested divorce can be emotionally and legally challenging. Hiring an experienced contested divorce attorney can provide you with the support and guidance you need during this difficult time. Here are some benefits of hiring a contested divorce attorney:

• Legal expertise: A contested divorce attorney understands the laws and regulations surrounding divorce in Texas and can navigate the legal process on your behalf.
• Emotional support: A contested divorce attorney can provide you with emotional support and guidance to help you make informed decisions during the divorce process.
• Negotiation skills: An experienced attorney can negotiate on your behalf to ensure that your rights and best interests are protected.
• Asset protection: A contested divorce attorney can help you protect your assets and ensure a fair division of property.
• Faster resolution: By hiring an attorney, you can expedite the divorce process and reach a resolution more quickly.

Don't navigate the complexities of a contested divorce alone. Contact Kutty Law Firm PLLC today to schedule a consultation with our experienced contested divorce attorney.

Attorney Yasmin Kutty is known for being compassionate yet aggressive, especially in the face of a challenge. The team at Kutty Law Firm, PLLC understands how important it is to have your voice be heard and your best interests considered during a divorce in Texas. Our Sugarland law firm is committed to providing you with reliable legal advocacy as you navigate these important issues that will affect your life.