Divorce, especially a contested one, can be one of the most challenging experiences in a person’s life. This change can bring emotional turmoil and financial uncertainties, so consider consulting a divorce attorney. They can help you understand the factors that influence contested divorce costs, prepare you for expenses that may arise, and work to get you a fair settlement.
Why Choose Stange Law Firm, PC?
As a multi-state family law team, the Stange Law Firm, PC has received numerous awards across multiple states, recognizing the legal support we provide to many communities.
With our extensive knowledge and experience, we can help you navigate Texas divorce laws. As we do so, we can provide comprehensive support tailored to your specific case. With transparency and communication, we can help you achieve a favorable resolution.
What Is a Contested Divorce?
The United States divorce rate in recent years was 2.4 divorces per 1,000 people. Compare this to the Texas divorce rate, which was 1.9 divorces per 1,000 Texans.
While Texas is a no-fault state, meaning you do not need a specific reason to file for divorce, disagreements may arise. Your divorce is viewed as a contested divorce if you and your spouse do not agree on the terms of the divorce, including the following:
- Spousal maintenance
- Child support and custody
- Division of assets and debts
As a result, contested divorces may involve negotiations, legal disputes, and court proceedings that can considerably increase the overall costs of the divorce. The following five factors can raise your expenses.
- Complexity of the CaseThe nature of your divorce can affect the cost. A case with multiple assets, child custody and support disputes, and extensive co-parenting plans may require more time and legal resources.Additionally, if you have to hire experts like a child psychologist or financial analyst to support your position, these expenses will add to the contested divorce cost.
- Duration of the Divorce ProceedingsDivorce in Texas takes at least 60 days, in accordance with Family Code Section 6.702. This law mandates a 60-day waiting period from the date one party files for a divorce before a court can finalize it. Still, contested divorces can exceed this, in cases of the following:
- Delays in court scheduling
- Missing documentation
- Ongoing negotiations
Essentially, the longer the case drags on, the higher the cost could be to finalize your divorce.
- Legal Fees and Attorney RetainersSome attorneys may charge clients on an hourly basis and require them to pay a retainer fee upfront. This is similar to an advance payment for their representation, and it can vary based on their experience and reputation. Additionally, you may incur charges for:
- Phone consultations
- Court appearances
- Document preparation
- Child Custody and Support ConcernsIf your divorce involves children, child custody and support disputes can complicate a contested divorce. Disagreements over child support payments monitored by the Office of the Attorney General’s Child Support Division in Austin can escalate tensions during divorce. This may require mediation or additional court proceedings, which could increase costs.
- Property Division DisagreementsSome divorces include contentious disputes over certain properties and financial resources, such as:
- The family home
- Retirement accounts
- Business interests
Disagreeing on how to equitably distribute these assets can lengthen your divorce and increase costs. A skilled divorce attorney can help you negotiate fair outcomes while minimizing costs.
Hire a Divorce Lawyer
If you face a contested divorce, it can benefit you to hire a divorce lawyer who can guide you through Texas divorce laws. An experienced attorney can help you fully understand your options and rights and advocate for you in court.
FAQs
Who Loses More Financially in a Texas Divorce?
Who loses more financially in a Texas divorce can vary based on the case’s circumstances. Generally, the spouse with a lower income may face greater financial challenges after divorce, especially if they depended on the joint income while married. A spouse may be required to pay spousal maintenance to the lower-earning spouse in some situations.
Nevertheless, asset division and spousal maintenance disputes can complicate financial losses for either party.
Why Is Moving Out the Biggest Mistake in a Texas Divorce?
Moving out is the biggest mistake in a Texas divorce because it can lead to unintended results concerning custody and property division disputes. Leaving the home could inadvertently weaken your claim to certain assets or custody rights.
Courts may view this change as an indicator of abandonment or reduced attachment to the family home. If you are able to stay in the home during the divorce, do so, as it may safeguard your interests and rights during negotiations.
What Evidence Is Needed in a Contested Divorce in Texas?
The evidence needed in a contested divorce in Texas may vary based on the issues relevant to your divorce, such as custody, spousal maintenance, or asset division. Common forms of evidence include bank statements, tax returns, and pay stubs detailing income and expenses.
Evidence needed to support or refute custody claims may include communication records, incidents of misconduct, and other documentation that demonstrates parenting skills or a lack thereof.
What Money Can’t Be Touched in a Divorce in Texas?
Money that can’t be touched in a divorce in Texas can include money one spouse inherited or had in a premarital account. Per Family Code Section 3.001, these assets are separate property.
Retirement accounts may also be protected depending on how you or your spouse acquired them. Consult with a divorce attorney to understand the implications of Texas divorce laws and safeguard your financial interests.
Get The Right Assistance for Your Legal Matter
The costs of a contested divorce can quickly add up and create financial strain during an already challenging time. If you find yourself in this situation, reach out to Stange Law Firm, PC for help and hire a divorce attorney who can help you navigate the complexities of your case.
Contact us today to discuss your unique situation and determine how we can assist you in achieving a fair and favorable outcome while minimizing costs.
