Contested Divorce Attorneys in Houston, Texas
Fayez Law Group
Guiding You Through Complex Divorce Disputes
Divorce is never easy, but when spouses cannot agree on critical issues such as property division, child custody, or spousal support, the process becomes more complex and emotionally charged. Contested divorces often involve heated disputes and require skilled legal guidance to navigate the process effectively. At the Fayez Law Group, we specialize in handling contested divorces in Houston, Texas, providing experienced representation to protect your rights and advocate for your best interests.
Our team understands the emotional toll and high stakes involved in contested divorces. With years of experience navigating Texas family law, we are committed to offering personalized strategies tailored to your unique situation. Whether through negotiation, mediation, or litigation, we fight to ensure your voice is heard and your future is protected.
What Is a Contested Divorce?
A contested divorce occurs when spouses are unable to reach an agreement on one or more major issues, requiring court intervention to resolve the disputes. These disagreements often center on:
- Property Division: Deciding how to equitably divide marital assets and debts under Texas’s community property laws.
- Child Custody and Visitation: Determining legal and physical custody arrangements while prioritizing the child’s well-being.
- Child Support: Calculating financial contributions based on state guidelines and the child’s needs.
- Spousal Support (Alimony): Resolving whether one spouse should receive financial support and, if so, the amount and duration.
- Prenuptial Agreements: Addressing disputes over the enforceability or terms of an existing prenuptial agreement.
In a contested divorce, both parties present evidence and arguments to the court, and the judge makes legally binding decisions on unresolved issues. This process requires careful preparation and skilled advocacy to achieve favorable outcomes.
The Contested Divorce Process in Texas
The contested divorce process involves multiple steps, each designed to address different aspects of the dispute. Understanding these steps can help you prepare for what lies ahead:
Filing for Divorce
One spouse, known as the petitioner, files a divorce petition with the court and formally serves it to the other spouse, the respondent. Texas law requires at least one spouse to have lived in the state for six months and in the county of filing for at least 90 days.
Response and Counterpetition
The respondent files a formal response to the petition and may include a counterpetition if they have specific demands or disputes regarding the divorce.
Temporary Orders
Temporary orders may be issued to address immediate concerns, such as child custody, spousal support, and access to marital property, while the divorce is pending. These orders provide stability during the process.
Discovery Phase
Both parties gather and exchange financial and personal information. This phase often includes subpoenas, depositions, and the review of financial documents to identify assets, debts, and income.
Mediation and Negotiation
Courts typically require mediation before proceeding to trial. This step allows both parties to work with a neutral mediator to resolve disputes amicably, often saving time and legal fees.
Trial
If mediation fails, the case proceeds to trial. Both parties present evidence, witnesses, and arguments, and the judge makes final decisions on contested issues.
Final Decree of Divorce
The judge’s rulings are documented in a Final Decree of Divorce, which outlines the terms of property division, custody, support, and other matters. This decree is legally binding and finalizes the divorce.
Common Issues in Contested Divorces
Contested divorces often involve complex and emotionally charged disputes. Understanding the most common issues can help you prepare for potential challenges:
Property division is one of the most contentious aspects of a contested divorce. Texas follows community property laws, meaning all marital property is divided equitably, but not necessarily equally. Determining which assets are community property and which are separate property can be complicated, especially when dealing with businesses, investments, or high-value assets. Our attorneys work to ensure that all property is properly classified, valued, and fairly divided.
Child custody disputes can be particularly stressful for parents. Texas courts prioritize the child’s best interests, considering factors such as the emotional bond with each parent, the child’s stability, and the ability of each parent to meet the child’s needs. If the child is over 12 years old, their preference may also be taken into account. Our attorneys provide compassionate representation to protect your parental rights while focusing on the well-being of your child.
Spousal support is often a contentious issue in contested divorces. The court considers factors such as the length of the marriage, the financial disparity between spouses, and contributions to the marital estate when determining whether support is appropriate. We help ensure that spousal support arrangements are fair and aligned with Texas law.
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In cases where a prenuptial or postnuptial agreement is in place, disputes may arise over its enforceability or interpretation. Our attorneys have extensive experience reviewing and litigating marital agreements to ensure they are upheld or challenged appropriately, depending on your needs.
Why You Need an Attorney for a Contested Divorce
A contested divorce is often legally and emotionally complex, requiring expert guidance to navigate the process successfully. Without skilled representation, you risk losing assets, custody rights, or receiving an unfavorable court decision. At the Fayez Law Group, we provide:
- Strategic Advocacy: Our attorneys develop personalized strategies to present a strong case on your behalf.
- Comprehensive Preparation: We gather evidence, conduct financial investigations, and work with experts to ensure every detail is addressed.
- Courtroom Experience: With extensive litigation experience, we are prepared to represent you aggressively in court to protect your rights.
- Emotional Support: We understand the challenges you face during this difficult time and are here to provide guidance and reassurance every step of the way.
Our goal is to achieve the best possible outcome for you, whether through negotiation or litigation.
Contact Our Houston Contested Divorce Attorneys
A contested divorce can be one of the most challenging experiences of your life, but you don’t have to face it alone. At the Fayez Law Group, we are dedicated to helping you navigate the complexities of divorce with clarity, confidence, and the legal expertise needed to protect your future.
Schedule a consultation today to discuss your contested divorce case. Call us at 713.298.9899 or complete our online contact form to take the first step toward resolving your disputes and moving forward with your life.