El Paso Contested Divorce Attorney
Experienced Contested Divorce Lawyers Serving El Paso County, TX
When you and your spouse cannot agree on your divorce terms, you will have to go through the contested divorce process. You will have to go to court and have a judge decide your divorce terms, such as property division, child custody, and more. Divorce is already a stressful process, but when you add in the uncertainty of going to court and having a judge decide your case, it can be even more overwhelming.
At The Law Office of Erica P. Rios, we understand how difficult going through a contested divorce can be. Our legal team has the experience and knowledge to effectively represent you in court and fight for your best interests. We will help you understand what to expect during the court process and help you create a litigation strategy to achieve your goals.
Call us today at (915) 255-3840 or contact us online to schedule a consultation with our El Paso contested divorce lawyer.
What Is a Contested Divorce?
A contested divorce is when you and your spouse cannot agree on your divorce terms, such as property division, child custody, child support, and more. These are the most common issues that can be contested during a divorce.
Some common contested divorce issues include:
When you and your spouse cannot agree on your divorce terms, you will have to go to court and have a judge decide your case. The judge will listen to both sides, review the evidence, and then make a decision based on the evidence presented. You can have an attorney represent you in court and fight for your best interests.
How Does a Contested Divorce Work in Texas?
The contested divorce process is a little different from an uncontested divorce process. In an uncontested divorce, you and your spouse can create a divorce agreement and submit it to the court to be approved by a judge. However, in a contested divorce, you will have to go to court and have a judge decide your divorce terms.
Here is what you can expect during the contested divorce process in Texas:
- File a Petition for Divorce - To initiate the divorce process, you will need to file a petition for divorce. In this petition, you will need to list the reasons you are seeking a divorce and the divorce terms you are seeking.
- Serve Your Spouse - After filing for divorce, you will need to serve your spouse. This means you will need to have the divorce papers delivered to your spouse.
- Wait for a Response - Your spouse will have a certain amount of time to respond to the divorce papers. If your spouse agrees to the divorce terms, then you can proceed with an uncontested divorce. However, if your spouse does not agree with the divorce terms, then you will have to go to court and have a judge decide the terms.
- Pretrial Hearing - You and your spouse will have a pretrial hearing with the judge. During this hearing, you and your spouse will have to present the issues that you cannot agree on. The judge will then review the issues and make a temporary order.
- Discovery Process - After the pretrial hearing, you and your spouse will go through the discovery process. During this process, you and your spouse will exchange information and evidence to support your case.
- Mediation - Before going to court, you and your spouse will have to go to mediation. During mediation, you and your spouse will work with a neutral third-party mediator to try to settle your divorce terms. If you and your spouse can come to an agreement during mediation, then you can proceed with an uncontested divorce.
- Go to Court - If you and your spouse cannot come to an agreement during mediation, then you will have to go to court and have a judge decide your divorce terms. You can have an attorney represent you in court and fight for your best interests.
- Receive the Divorce Decree - After the judge has made a decision, you will receive a divorce decree. The divorce decree is a binding court order that will outline the terms of your divorce.
The contested divorce process can take longer than an uncontested divorce process. This is because you will have to go to court and have a judge decide your divorce terms. The length of the contested divorce process will depend on the complexity of your case and the court's schedule.
How Long Does a Contested Divorce Take in Texas?
The contested divorce process can take longer than an uncontested divorce process. This is because you will have to go to court and have a judge decide your divorce terms. The length of the contested divorce process will depend on the complexity of your case and the court's schedule.
Some factors that can affect the length of your contested divorce include:
- The complexity of your case
- The number of contested issues
- The court's schedule
In Texas, there is a 60-day waiting period for all divorces. This means that a divorce cannot be finalized until at least 60 days after the petition is filed. However, if your case goes to court, then it will likely take longer than 60 days to finalize your divorce.
What Are the Grounds for Divorce in Texas?
In Texas, you can file for divorce based on fault or no-fault grounds. A no-fault divorce is when you and your spouse agree that your marriage is no longer working and you can no longer get along. You do not have to prove that your spouse did anything wrong to file for a no-fault divorce.
Some common no-fault grounds for divorce include:
- Insupportability
- Living apart for at least three years
A fault divorce is when you file for divorce based because your spouse did something wrong that caused the marriage to end. You will have to provide evidence to support your claims when filing for a fault divorce.
Some common fault grounds for divorce include:
- Adultery
- Domestic abuse
- Abandonment
- Conviction of a felony
- Confinement in a mental hospital
When filing for divorce, you will need to list the grounds for divorce in your petition. If you are filing for a no-fault divorce, then you will simply need to list that the marriage is insupportable. If you are filing for a fault divorce, then you will need to list the specific grounds for divorce.
How to Prepare for a Contested Divorce
Going through a contested divorce can be a complex and stressful process. However, there are some steps you can take to help you prepare for your contested divorce.
Here are some tips to help you prepare for a contested divorce:
- Get organized - One of the most important things you can do before going through a contested divorce is to get organized. Create a file and keep all of your important documents and paperwork in one place. This can include your financial documents, such as bank statements, tax returns, pay stubs, and more.
- Make a list of your assets and debts - You will need to divide your assets and debts during your divorce. Make a list of all of your assets and debts and their value.
- Review your credit report - Your credit report will show you all of your debts and accounts. Review your credit report to make sure you are aware of all of your debts.
- Do not move out of the house - If you and your spouse are living together, then you should not move out of the house until you have a temporary order or a court order.
- Do not get into a new relationship - If you are still technically married, then you should not get into a new relationship. This can complicate your divorce and make it more difficult to resolve.
- Do not use your children as leverage - You should never use your children as leverage during your divorce. This can have a negative impact on your children's well-being and your custody case.
- Do not post about your divorce on social media - You should avoid posting about your divorce on social media. Anything you post on social media can be used against you in court.
- Do not talk to your spouse without your attorney present - You should avoid talking to your spouse about your divorce without your attorney present.
- Do not sign anything without your attorney reviewing it - You should never sign anything without your attorney reviewing it first.
Going through a contested divorce can be complex and stressful. However, an experienced contested divorce attorney can help you navigate the process and fight for your best interests.
How Our El Paso Contested Divorce Lawyer Can Help
Going through a contested divorce can be a complex and stressful process. However, an experienced contested divorce attorney can help you navigate the process and fight for your best interests.
At The Law Office of Erica P. Rios, we have the experience and knowledge to effectively represent you in court and fight for your best interests. We will help you understand what to expect during the court process and help you create a litigation strategy to achieve your goals. We will review the evidence, interview witnesses, and present your case in court.
Call us today at (915) 255-3840 or contact us online to schedule a consultation with our El Paso contested divorce lawyer.
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Contact The Law Office of Erica P. Rios