What Makes a Divorce Contested?
Texas law allows either spouse to seek a divorce without the other's consent. A divorce becomes contested when the parties cannot agree on one or more of the core issues: division of marital property and debts, spousal maintenance, or — when children are involved — custody, conservatorship, possession schedules (Texas Family Code § 153.312), and child support. Even a single disputed issue can convert an otherwise straightforward case into contested proceedings.
Important Distinction
A contested divorce does not necessarily mean a courtroom battle. The vast majority of contested cases resolve through negotiation or mediation before trial. "Contested" simply means the parties have not yet agreed — not that the case must go before a judge.
The Contested Divorce Process
Temporary Orders
One of the first steps in a contested case is often a hearing for temporary orders. These orders govern the household and any children while the case is pending — establishing who lives in the marital home, who pays which bills, and (if children are involved) a temporary possession schedule and child support amount. Temporary orders can be critical because they set the practical reality of life during divorce and sometimes establish patterns that influence the final outcome.
Discovery
Discovery is the formal process by which both sides exchange financial and other information. In Texas family law, this typically includes Requests for Production (documents), Interrogatories (written questions), and Requests for Disclosure. For complex cases involving businesses, investment accounts, or suspected hidden assets, additional tools — depositions, subpoenas to third parties, and forensic accountants — may be warranted.
Mediation
Most Collin County courts require mediation before trial. Mediation is a structured negotiation process with a neutral third-party mediator. It is confidential, and anything said in mediation cannot be used at trial. The vast majority of cases that reach mediation resolve there, avoiding the cost, delay, and uncertainty of trial. We prepare thoroughly for mediation to maximize the likelihood of a favorable resolution.
Trial
If mediation does not produce agreement, the case proceeds to trial before a judge (jury trials are available for some issues but are rare in family law). We prepare and present your case with the same rigor as any civil litigation — organizing exhibits, preparing witnesses, and arguing legal issues before the court. Lynda Landers has the trial experience to represent you effectively if your case requires it.
Property Disputes in Contested Divorce
Property division is the most common source of conflict in contested cases. Texas is a community property state (Texas Family Code § 7.001), meaning assets and debts acquired during marriage generally belong equally to both spouses — but the division must be "just and right," not necessarily 50/50. Courts consider fault (if pled), disparity in earning capacity, health, and other factors. We work to present the strongest possible case for the division you deserve. For a detailed look at how property is classified and divided, see our Property Division page.
Hidden Assets
When a spouse controls business finances, has separate bank accounts, or has taken steps to conceal marital assets, discovery tools and forensic accounting can bring those assets to light. Failing to disclose community assets is a breach of fiduciary duty under Texas Family Code §3.003 and can result in sanctions and unfavorable rulings.
Custody Disputes in Contested Divorce
When children are involved in a contested divorce, custody and possession are often the most emotionally charged issues. Texas courts apply a "best interest of the child" standard (Texas Family Code §153.002). The court presumes that joint managing conservatorship — where both parents share decision-making rights — is in a child's best interest, but the possession schedule (who has the children when) is negotiated separately. We work to secure a parenting arrangement that genuinely serves your children's wellbeing. For detailed custody information, visit our partner resource at custody.yourfamilylawyer.net.
Timeline Expectations
A contested divorce in Collin County typically takes 6 to 18 months, though complex cases can take longer. Texas law imposes a 60-day minimum waiting period from the date of filing — no divorce can be finalized before that date, regardless of how quickly the parties agree. Beyond the 60-day floor, timeline depends on the complexity of issues, court docket, discovery disputes, and whether the case settles or goes to trial.
Cost Considerations
Contested divorces are more expensive than uncontested cases because they require more attorney time — discovery, hearings, and potential trial preparation. We discuss fees and realistic cost expectations at the outset so you can make informed decisions about how to proceed at each stage.
Frequently Asked Questions
Yes. Texas allows divorce without the other spouse's agreement. If your spouse refuses to participate, the court can enter a default judgment after proper service of process. However, a non-participating spouse loses the ability to present their side, which affects their rights — it is almost always better for both parties to engage in the process.
Most contested divorces resolve before trial — through negotiation, temporary orders proceedings, or mediation. Trial is a last resort when parties cannot agree even with court intervention. We work at every stage to find workable resolutions, but we are fully prepared to go to trial when necessary.
Temporary orders govern day-to-day life during the case. While they are not binding on the final decree, they establish practical patterns — who lives where, who pays which bills, how children are scheduled — that can influence final negotiations. Getting temporary orders right matters.
Violation of court orders can be addressed through a motion for enforcement, which can result in fines or even incarceration for contempt. Courts take order violations seriously, and documenting violations promptly is important.
Serving Collin County
Landers Family Law serves clients throughout Collin County and the surrounding communities of North Texas. Our McKinney office is centrally located for clients in McKinney, Frisco, Plano, Allen, Prosper, Celina, and the surrounding areas.