Contesting a divorce in Texas often results in lengthy court battles as both parties try to settle on an agreement. While it’s true that you can file an uncontested divorce and get it over with quickly, sometimes the right way is to ensure that spouses get an equal or fair share.
The question is, is a contested divorce in Texas worth it? And how long do divorces take in Texas? Let’s take a look at the reasons for going that route.
6 Reasons to File a Texas Contested Divorce
For Your Children
Parents might have different perspectives when it comes to child custody and support, as well as visitation schedules and others. The most likely reasons for disputes that could lead to a contested divorce include emotional and financial stability, parenting style, and having the child’s best interests at heart. The court can decide by investigating the matter further with interviews, evidence presentation, and custody evaluations, just to name a few.
Check for Prenuptial Legal Holes
A challenge can be issued for existing prenuptial agreements, particularly the matter of property division. If there isn’t a full disclosure or if the terms are deemed unfair to either party, then they can bring it to court. The court can then complete a legal review and determine its enforceability.
Issues with Marital Assets
Texas has a community property law, which means that liabilities and assets are divided accordingly when it comes to divorce. The court ensures a fair division by considering factors like spouse contribution, marriage length, and earning capacity, as well as other things like spousal support and debt management.
Divorce Could Be Fault-Based
The reason why you might want a contested divorce in Texas is because of valid fault grounds. Examples of fault-based divorce cases include abandonment, cruelty, and adultery. Abandonment is when a partner leaves without intending to return, while cruelty is behavior that makes living together unsafe.
Unreasonable Partner
There are times when a spouse disagrees with everything and makes it difficult to reach an amicable agreement. They may act out in anger or spite, or simply refuse to cooperate in all aspects, including mediation and providing the necessary financial information. When this happens, the other party can opt for a contested divorce and have the court intervene and, ultimately, make decisions to conclude the matter.
Concealed Assets
A contested divorce allows for a formal discovery process to show any assets that might be concealed. Discovery processes usually include but are not limited to subpoenas, depositions, document production requests, and interrogations. Financial records such as tax returns and bank statements will show if there are concealed assets or not.
Hire a Professional Texas Divorce Lawyer Today
Allen Roach Texas is here for professional divorce lawyer help, including child custody and child support, mediation, and contested divorces. We can guide you through the legal process so you can walk through this difficult time with hope and certainty. Contact us today.