When a marriage ends, the path forward depends largely on whether both spouses can agree on the terms of their separation. In a contested divorce, disagreements over property division, child custody, spousal support, or other critical issues require skilled legal representation to protect your rights and achieve a fair outcome. At Smith & Bledsoe Family Law, our experienced contested divorce attorneys in Austin understand the complexities of these disputes and provide aggressive advocacy to resolve them effectively.
If you’re facing a high-conflict divorce in Austin, Smith & Bledsoe Family Law can help. Call (512) 277-3166 or contact us online for a free case evaluation. We provide strategic, proactive representation for challenging divorce cases.
What Is a Contested Divorce in Austin?
A contested divorce occurs when spouses cannot reach an agreement on one or more significant issues related to their separation. Unlike an uncontested divorce, where both parties agree on all terms and can proceed through a streamlined process, a contested divorce involves disputes that may require negotiation, mediation, or litigation to resolve.
Common Areas of Disagreement
Common areas of disagreement in contested divorces include:
Property Division: Determining how to divide marital assets and debts accumulated during the marriage, including real estate, retirement accounts, vehicles, and business interests. In Texas, community property law governs the division of these assets.
Spousal Support: Disputes over whether one spouse should receive alimony (called spousal maintenance in Texas) and, if so, the amount and duration of payments.
Child Custody: Disagreements about which parent should have primary custody (managing conservatorship) and how parenting time should be divided between parents</span>
Child Support: Conflicts over child support calculations, payment amounts, or modifications based on changes in income or circumstances.
Texas Family Code Requirements
In Texas, contested divorces operate under the Texas Family Code, which establishes specific procedures, timelines, and standards for resolving disputes. Understanding these legal requirements and having an attorney who knows how to navigate them effectively can significantly impact the outcome of your case. The Texas State Bar provides resources for understanding family law procedures.
Why You Need an Experienced Contested Divorce Attorney
Contested divorces involve complex legal issues that extend far beyond paperwork. The decisions made during your divorce will affect your financial security, your relationship with your children, and your future for years to come. An experienced contested divorce attorney provides the knowledge, strategy, and advocacy necessary to protect your interests.
Complex Property Division Under Texas Community Property Law
Texas is a community property state, meaning that property acquired during the marriage is generally considered jointly owned by both spouses, regardless of whose name appears on the title or who earned the income. This principle creates significant complexity in contested divorces, particularly when substantial assets are involved.
Identifying and valuing marital assets requires careful analysis. Some assets are straightforward—bank accounts, vehicles, and real estate can be valued relatively easily. However, other assets present challenges. Business interests, professional practices, stock options, and retirement accounts with complex vesting schedules require expert valuation to ensure fair division.
High-Asset Divorce Considerations
In high-asset divorces, the stakes are particularly high. A business owner facing divorce must understand how their company will be valued and whether they can retain it or must divide its value with their spouse. Similarly, individuals with significant retirement savings need to understand how those accounts will be divided and what tax implications may result. Our high-asset divorce representation includes sophisticated financial analysis.
Protecting Separate Property Claims
Additionally, protecting separate property claims is critical. Property owned before the marriage or received as a gift or inheritance may be considered separate property, not subject to division. However, proving separate property status requires documentation and careful legal argument. An experienced attorney helps you identify and protect these assets.
Navigating Custody and Support Disputes
Child custody disputes often represent the most emotionally charged aspect of a contested divorce. Texas law uses the term “conservatorship” rather than “custody,” with courts awarding either sole managing conservatorship (one parent has primary decision-making authority) or joint managing conservatorship (both parents share decision-making).
Understanding the Best Interest Standard
Courts apply the “best interest of the child” standard when determining custody arrangements, considering factors such as each parent’s relationship with the child, the child’s needs, stability, and each parent’s ability to provide care. When parents disagree about custody, the court may order a custody evaluation by a neutral professional to assess each parent’s fitness and the child’s preferences.
Child Support and Spousal Maintenance
Child support calculations in Texas follow statutory guidelines based on the paying parent’s net monthly income and the number of children. However, disputes arise when parents disagree about income calculations, when circumstances change, or when one parent seeks support above or below the guideline amount. Understanding child support calculation is essential for contested divorces.
Spousal maintenance (alimony) in Texas is available in limited circumstances and is not automatic. Courts may award spousal maintenance if one spouse lacks sufficient property to meet their minimum reasonable needs and cannot support themselves through employment, or in cases involving family violence. Disputes over spousal maintenance eligibility and amount require careful legal analysis.
Strategic Negotiation and Litigation Skills
Resolving a contested divorce requires both negotiation skills and litigation readiness. The discovery process—where both sides exchange financial documents, answer written questions, and participate in depositions—can be extensive and contentious. Your attorney must know how to conduct thorough discovery to uncover all relevant information and protect your interests.
Settlement negotiations often occur throughout a contested divorce. A skilled attorney understands when to negotiate aggressively, when to compromise strategically, and when to prepare for trial. Many contested divorces settle before trial, but only when both sides understand the strength of their positions and the likely outcome if the case proceeds to judgment.
When mediation fails, and litigation becomes necessary, your attorney must be prepared to present evidence, examine witnesses, and argue your case before a judge. Trial advocacy requires courtroom experience, knowledge of evidence rules, and the ability to present complex financial and custody information persuasively.
The Contested Divorce Process in Texas
Understanding the steps involved in a contested divorce helps you prepare for the journey ahead and set realistic expectations about the timeline and costs.
Initial Steps and Legal Requirements
Before filing for divorce in Texas, certain residency requirements must be met. At least one spouse must have lived in Texas for the six months immediately preceding the filing, and both spouses must have lived in the county where the divorce is filed for at least 90 days.
The divorce process begins when one spouse files a petition for divorce with the district court. The petition outlines the grounds for divorce (Texas allows both fault and no-fault grounds) and may include requests regarding property division, custody, support, and other relief.
Filing and Response Procedures
The other spouse must be served with the petition and has a deadline to file a response. If the responding spouse does not file a response within the required time, the filing spouse may obtain a default judgment. However, in contested divorces, the responding spouse typically files an answer and may file a counterpetition asserting their own claims. Understanding how to respond to divorce papers is critical.
The Mandatory Waiting Period
Texas law imposes a mandatory 60-day waiting period after the divorce petition is filed before a divorce can be finalized. This waiting period applies even if both parties agree to all terms, though it can be waived in limited circumstances.
Discovery and Information Gathering
Discovery is the process through which both sides exchange information relevant to the divorce. In contested divorces, discovery can be extensive and is often a source of conflict and expense.
Discovery Tools and Methods
Common discovery tools include interrogatories (written questions that must be answered under oath), requests for production of documents (requiring the other side to provide financial records, communications, and other evidence), and depositions (in-person questioning of the other party or witnesses under oath).
Financial disclosure is a critical component of discovery in contested divorces. Both spouses must provide detailed financial information, including income, assets, debts, and expenses. This information forms the basis for property division and support calculations.
Expert Witnesses in Contested Divorces
Expert witnesses often play a crucial role in contested divorces. Business appraisers value companies and professional practices. Forensic accountants trace assets and identify hidden income. Custody evaluators assess each parent’s fitness and the child’s needs. Real estate appraisers determine property values. These experts provide testimony that can significantly influence the outcome of disputed issues.
Settlement Negotiations and Alternative Dispute Resolution
Many contested divorces are resolved through settlement negotiations before trial. Attorneys for both sides may engage in direct negotiations, or the parties may participate in mediation with a neutral third party who helps facilitate agreement.
Mediation and Arbitration Options
Mediation can be particularly effective in contested divorces because it allows both parties to have input into the outcome rather than leaving decisions to a judge. A skilled mediator helps parties understand each other’s positions, identify common ground, and explore creative solutions. Divorce mediation expectations should be discussed with your attorney.
Arbitration is another alternative dispute resolution option where both parties agree to have a neutral arbitrator hear evidence and make binding decisions on contested issues. Arbitration can be faster and more private than litigation, though it involves additional costs.
Settlement conferences with the judge may also occur, where the judge meets with both attorneys to assess the case and encourage settlement. These conferences can be effective in helping parties understand the judge’s likely ruling and the risks of proceeding to trial.
Trial and Final Judgment
If settlement efforts fail, the case proceeds to trial. Before trial, the court may hold hearings on preliminary matters, such as disputes over discovery or requests for temporary orders regarding custody or support pending the final divorce.
What to Expect at Trial
At trial, both sides present evidence through witness testimony and documents. The judge hears arguments from both attorneys and makes decisions on all contested issues. In Texas, divorce trials are typically heard by a judge rather than a jury, though either party can request a jury trial.
After trial, the judge issues a final decree of divorce that addresses all contested issues. This decree is binding and can only be modified in limited circumstances involving substantial changes in circumstances or discovery of fraud.
Smith & Bledsoe Family Law‘s Approach to Contested Divorce
When you face a contested divorce, you need an attorney who understands the legal complexities, has courtroom experience, and will advocate aggressively for your interests. Smith & Bledsoe Family Law brings together a team of experienced family law attorneys dedicated to achieving favorable outcomes in contested divorces.
Experienced Trial Attorneys Ready for Litigation
Managing Partner Christian Smith brings extensive experience in complex family law disputes. Recognized as a Texas Super Lawyers Rising Star in 2023 and 2024, an Austin Monthly Top Attorney in 2023, and a National Association of Family Law Attorneys Top 10 Under 40 honoree in 2019, Christian Smith combines legal knowledge with a client-focused approach. His background includes a magna cum laude degree from the University of Houston and a J.D. from South Texas College of Law Houston, where he earned multiple CALI Awards for excellence in family law and legal writing.
Partner Brandon Bledsoe brings 17 years of family law experience and specializes in trial advocacy. With a J.D. from Hofstra University and a background in complex family law litigation, Brandon Bledsoe provides the courtroom experience necessary to handle contested divorces that proceed to trial.
Our Litigation Team
Litigation Attorneys Nikki Chapa and Michael Araj round out the firm’s litigation team. Michael Araj brings 13 years of experience in family law, with particular expertise in high-asset divorces and mediation. Nikki Chapa, who holds both a J.D. and M.B.A., brings assertive advocacy and sophisticated financial analysis to complex cases.
The firm’s willingness to accept challenging cases that other attorneys decline demonstrates a commitment to clients facing difficult circumstances. This approach ensures that clients with complex or contentious disputes receive the representation they need.
Local Knowledge and Judge Familiarity
One significant advantage of working with Smith & Bledsoe Family Law is the firm’s deep knowledge of the Austin legal community and the Travis County court system. The attorneys understand how local judges approach family law issues, what evidence and arguments resonate in their courtrooms, and how to navigate local court procedures effectively.
Strategic Advantages of Local Expertise
This local knowledge provides a strategic advantage in contested divorces. Understanding a particular judge’s tendencies regarding property division, custody, and support can inform settlement strategy and trial preparation. Established relationships within the Austin legal community also facilitate more productive negotiations and smoother court proceedings.
Comprehensive Service Offerings
Smith & Bledsoe Family Law handles all aspects of contested divorce representation, including:
- Contested divorce litigation from initial filing through trial and appeal
- High-asset divorce representation involving complex property division
- Complex child custody disputes requiring custody evaluations and expert testimony
- Mediation and collaborative divorce options for clients seeking alternatives to litigation
- LGBTQ+ inclusive family law practice ensuring all clients receive respectful, knowledgeable representation
- Order modification and order enforcement when circumstances change or agreements are violated
This comprehensive approach means clients work with one firm throughout their divorce, ensuring continuity and a consistent strategy.
Common Questions About Contested Divorce in Austin
How Long Does a Contested Divorce Take?
The timeline for a contested divorce varies significantly depending on several factors. The complexity of the issues in dispute, the court’s docket and available trial dates, the level of cooperation between the parties, and the extent of discovery required all affect how long a divorce takes.
Timeline Expectations
A relatively straightforward contested divorce with limited discovery and a settlement before trial might be resolved within 6 to 12 months. More complex cases involving high-asset property division, custody disputes, or extensive discovery may take 18 months to several years, particularly if trial is necessary.
Early involvement of an experienced attorney can help expedite the process by identifying issues that can be resolved quickly and focusing discovery on truly disputed matters. Pursuing settlement negotiations and mediation also typically results in faster resolution than proceeding directly to trial.
How Much Does a Contested Divorce Cost?
The cost of a contested divorce depends on multiple factors, including attorney fees, court costs, expert witness fees, and the extent of discovery required.
Understanding Divorce Costs
Most family law attorneys charge hourly rates for contested divorce representation. Rates vary based on the attorney’s experience and the complexity of the case. Additional costs include filing fees, service of process fees, deposition costs, and expert witness fees for appraisers, evaluators, and other specialists.
The extent of discovery significantly affects costs. Cases requiring extensive document review, multiple depositions, and expert analysis cost more than cases with limited discovery. Clients can manage costs by working with their attorney to prioritize discovery, settle disputes where possible, and avoid unnecessary motions and hearings.
Can I Modify a Divorce Order After It’s Final?
Yes, divorce orders can be modified in certain circumstances. Texas law allows modification of custody and support orders when there has been a substantial and material change in circumstances since the order was entered.
When Modifications Are Possible
For example, if a parent’s income increases significantly, child support may be modified. If a parent’s work schedule changes, custody arrangements may be adjusted. If a child’s needs change, support amounts may be modified. Order modification requires demonstrating substantial changes in circumstances.
Modifications must be requested through the court, and the party seeking modification bears the burden of proving a substantial change in circumstances. An attorney can help you determine whether your situation qualifies for modification and guide you through the process.
What Happens if My Ex Violates the Divorce Order?
If your ex-spouse violates the terms of the divorce order—such as failing to pay child support, refusing to follow the custody schedule, or violating a property division agreement—you have legal remedies available.
Enforcement Options
You can file a motion for contempt of court, asking the judge to enforce the order and impose sanctions on the violating party. Sanctions may include fines, attorney’s fees, or, in cases of child support non-payment, wage garnishment or other collection remedies.
For child support enforcement, the state can use income withholding, tax refund interception, and other collection tools. An attorney can help you enforce orders and protect your rights when they are violated. Understanding how to enforce a child support order is essential.
Why Choose Smith & Bledsoe Family Law for Your Contested Divorce
Facing a contested divorce is challenging, both emotionally and legally. You need an attorney who understands the law, has courtroom experience, and will fight for your interests.
Our Track Record and Client Satisfaction
Smith & Bledsoe Family Law brings together a team of eight experienced family law attorneys with a proven track record of handling complex and contentious cases. The firm maintains an Avvo 5.0 rating based on 197 client reviews, reflecting consistent client satisfaction and successful outcomes.
The firm’s client-centered approach emphasizes responsive communication, keeping clients informed throughout their case and involving them in strategic decisions. This combination of aggressive advocacy and strategic problem-solving has helped countless clients navigate contested divorces successfully.
Convenient Locations and Free Consultations
With convenient office locations in Cedar Park and North Austin, Smith & Bledsoe Family Law is accessible to clients throughout the Austin area. The firm offers free initial consultations, allowing you to discuss your situation with an experienced attorney at no cost.
Schedule your free consultation today. Contact Smith & Bledsoe Family Law at (512) 277-3166 or contact us online to learn how we can protect your rights in a contested divorce. You can also view our success stories to see how we’ve helped clients achieve favorable outcomes.