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10 Things You Need to Know About Contested Divorce

10 Things You Need to Know About Contested Divorce

  • Divorce

A contested divorce is often more complex and emotionally taxing than an uncontested divorce. It involves disagreements between spouses on key issues such as property division, child custody, and financial support, requiring court intervention to reach a resolution. For individuals facing this situation, understanding the process is essential. At The Renken Law Firm, we have the expertise to guide you through every step of a contested divorce, protecting your rights and advocating for your best interests.

1. What is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on key issues in their divorce settlement, such as how to divide marital property, custody arrangements for their children, or spousal support. This lack of agreement means the court must intervene, often through litigation, to resolve disputes. Unlike uncontested divorces, which are resolved quickly and amicably, contested divorces typically involve more complex legal procedures and extended timelines.

The process of a contested divorce is often more demanding, as it requires gathering evidence, filing court documents, and attending multiple hearings. These cases are further complicated by the need to prepare arguments, present witnesses, and respond to legal filings from the opposing side. Without professional legal guidance, it can be overwhelming. At The Renken Law Firm, we prepare clients for every step of the process, ensuring they understand their rights and are equipped to pursue their desired outcomes. We work diligently to address conflicts early, reducing the strain and duration of the legal process whenever possible.

2. The Importance of Hiring a Skilled Attorney

Navigating the complexities of a contested divorce without the assistance of an experienced attorney is risky. Divorce laws in Texas can be intricate, and the outcome of your case may impact your financial stability, parental rights, and emotional well-being for years to come. An attorney acts as your advocate, helping you avoid mistakes, understand legal nuances, and protect your interests throughout the process.

In contested divorces, issues such as custody disputes and property division require in-depth legal knowledge and strategic planning. A skilled attorney provides this expertise, ensuring that you are prepared for negotiations, mediation, or litigation. At The Renken Law Firm, our attorneys specialize in contested divorce cases, offering personalized strategies to resolve disputes efficiently. Our goal is to minimize conflict while maximizing our clients’ opportunities for a favorable outcome, whether through settlement or court representation.

3. The Role of Mediation in Contested Divorce

Mediation is a process in which a neutral third-party mediator helps disputing spouses resolve disagreements. Even in contested divorces, Texas courts often require mediation before proceeding to trial, as it encourages couples to reach agreements outside of court. Mediation can be a valuable tool for narrowing down disputes and addressing contentious issues like child custody or property division.

Through mediation, couples have the opportunity to communicate openly in a structured environment. The mediator facilitates discussions, guiding both parties toward compromise. This process often saves time and reduces costs compared to full-scale litigation. At The Renken Law Firm, our attorneys are experienced in representing clients during mediation. We advocate for your interests while working collaboratively to help you achieve resolutions that align with your goals. If mediation does not result in an agreement, we are fully prepared to represent you in court.

4. Understanding Property Division in Texas

Property division is a central issue in most contested divorces, and Texas’s community property laws add a layer of complexity. Community property includes assets and debts acquired during the marriage, which are presumed to be jointly owned by both spouses. These assets may include real estate, retirement accounts, investments, and personal property.

However, distinguishing community property from separate property—such as assets acquired before marriage or through inheritance—can be complicated. In cases where assets are commingled, expert evaluations may be necessary to determine ownership. The Renken Law Firm provides meticulous attention to detail in these matters, ensuring that marital assets are identified, accurately valued, and fairly divided. Our attorneys work to protect your financial future by advocating for equitable distribution based on your unique circumstances.

5. Child Custody Disputes and Best Interests of the Child

Child custody disputes are often the most emotionally charged aspect of a contested divorce. Texas courts prioritize the best interests of the child, considering factors such as the child’s emotional and physical needs, the stability of each parent’s home, and each parent’s involvement in the child’s life.

The court’s goal is to create a custody arrangement that promotes the child’s well-being and allows both parents to maintain meaningful relationships with their children. This often involves joint custody arrangements, though sole custody may be awarded in certain cases. The attorneys at The Renken Law Firm understand the importance of custody decisions for our clients and their families. We help parents present compelling evidence and arguments to support their ability to provide a stable, nurturing environment for their children.

6. Preparing for Court Proceedings

When mediation fails to resolve all disputes, contested divorce cases proceed to court. Litigation involves presenting evidence, questioning witnesses, and making legal arguments before a judge, who ultimately decides the unresolved issues. Court proceedings can be intimidating, especially for individuals unfamiliar with legal protocols.

Thorough preparation is critical to achieving a favorable outcome in court. At The Renken Law Firm, we provide comprehensive support, from gathering evidence and drafting legal documents to rehearsing testimony and cross-examining witnesses. Our attorneys ensure that your case is presented persuasively and professionally, giving you the best chance of success.

7. Managing Emotional Stress During a Contested Divorce

A contested divorce often brings emotional stress, stemming from prolonged disputes, financial concerns, and personal conflicts. These challenges can take a toll on your mental health, making it difficult to focus on the legal process. Effectively managing stress is essential for making sound decisions during your divorce.

We encourage our clients to seek emotional support through therapy, counseling, or trusted friends and family members. Self-care practices such as exercise, meditation, and journaling can also help alleviate tension. At The Renken Law Firm, we recognize the emotional challenges of divorce and provide compassionate guidance, helping you stay focused on your goals while navigating the legal process.

8. The Financial Costs of Contested Divorce

Contested divorces are typically more expensive than uncontested divorces due to the extended timelines and legal complexities involved. Costs may include attorney fees, court fees, and expenses related to expert witnesses or property valuations. While these costs can seem daunting, the financial risks of proceeding without experienced legal counsel are often far greater.

At The Renken Law Firm, we are committed to helping our clients manage costs while providing top-tier representation. We offer clear communication about fees and focus on resolving disputes efficiently to minimize financial strain. By protecting your assets and advocating for a fair settlement, we help ensure that the financial investment in your case is worthwhile.

9. How Long Does a Contested Divorce Take?

The duration of a contested divorce varies depending on factors such as the complexity of the issues involved and the willingness of both parties to negotiate. While the minimum waiting period for a Texas divorce is 60 days, contested divorces often take several months or longer to resolve. Prolonged disputes over property or custody can further extend the timeline.

At The Renken Law Firm, we understand that delays can add stress and uncertainty to an already challenging process. Our attorneys take a proactive approach, streamlining procedures and keeping you informed of any updates. We prioritize efficient resolutions while ensuring that your interests are fully protected.

10. Protecting Your Future with The Renken Law Firm

A contested divorce can have long-lasting implications for your financial stability, parental relationships, and overall well-being. Having a trusted attorney by your side is essential for navigating the complexities of the legal process and achieving favorable outcomes.

The Renken Law Firm is dedicated to providing personalized legal strategies that reflect the unique needs of each client. Whether advocating for your parental rights, safeguarding your assets, or negotiating a fair settlement, we are committed to helping you protect your future. Contact us today to schedule a consultation and learn how we can guide you through your contested divorce with confidence and care.

Final Thoughts

Contested divorces require a deep understanding of family law, careful preparation, and skilled advocacy to ensure the best possible outcome. They can significantly shape your financial future, family dynamics, and emotional well-being, making it essential to have experienced legal counsel by your side. At The Renken Law Firm, we take a personalized approach to contested divorces, crafting strategies tailored to your unique circumstances and goals.

If you are facing a contested divorce in Houston, contact The Renken Law Firm today. Our experienced attorneys are committed to guiding you through every step of the process, protecting your rights, and securing your future. We understand the emotional and legal complexities of contested divorces and are here to provide the support and representation you need. Whether you are dealing with property disputes, custody battles, or spousal support negotiations, we have the expertise to advocate for your best interests.

Schedule a consultation to discuss your case, explore your options, and learn how we can help you move forward with clarity and confidence. Together, we can navigate this challenging process and set you on the path toward a brighter, more secure future. Let us help you take the first step toward resolution.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen.

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Parents are also obligated to provide health and dental insurance for their children in Texas.The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law.They both achieve the same goal during a divorce, however.They both allow one spouse to receive financial support from the other.Renken Law Firm understands the distinction between alimony and spousal maintenance.Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes.Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s fees.What is Divorce Mediation?Divorce mediation is a private process in which a neutral third person (a mediator) helps divorcing couples reach a mutually satisfactory settlement of the issues in their case, including child support, custody and visitation, alimony, and property division.A mediator does not act as a judge, arbitrator, or counselor, but assists the spouses in reaching a voluntary agreement.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes. Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s feesDivorce mediation is an affordable and private divorce option, mediation also has a proven history for helping families resolve disputes without the need for a trial. Taking your case to trial typically will increase the amount of time, money, and stress involved in your divorce.While no divorce method is completely stress free, divorce mediation allows both parties to have their needs represented. The divorcing couple will be given the chance to work together to reach an amicable resolution in their case, instead of allowing a judge to have the final say.Dawn Renken, became a licensed mediator through ADR Services International Inc. in 2014. Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.In addition to traditional divorce methods, we excel in providing the best divorce mediation services in Houston, TX. Divorce mediation offers a more cost-effective and private approach, allowing the divorcing parties to determine the final terms of their divorce. To explore this option further, we encourage you to contact our office and learn more about our mediation services.Renken Law Firm understands that many individuals hesitate to initiate the divorce process due to uncertainty and concerns about excessive legal fees. We assure you that our Houston, TX team is dedicated to your success and has a proven track record of achieving client satisfaction.We recognize the emotional toll that divorce takes on families, and we strive to make the process as smooth as possible. Whether your case involves mediated or contested divorce, our attorneys will provide unwavering support every step of the way until your divorce is finalized. Take the first steps toward filing for divorce in the state of Texas by scheduling a consultation with our legal team at Renken Law Firm today.Is Texas an At-Fault State?In the state of Texas, divorce proceedings do not require spouses to provide a specific reason or cause for seeking the divorce, making it a “no-fault” state. However, it is important to note that if one spouse is at fault for the breakdown of the marriage, it may be considered by the court when dividing property. This means that the at-fault party may be responsible for providing more to the other spouse. Although fault grounds are not mandatory, it is advisable for spouses to include them in their divorce petition.At Renken Law Firm, our mission is to advocate for families and help them make the best decisions for their unique circumstances. Our top priority is protecting the best interests of any children involved in the divorce. Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. Step 4: Litigate When negotiation fails, Renken Law Firm is prepared to fight for you at trial with experienced litigators. Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience. Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen. © 2023 The Renken Law Firm. All rights reserved. Our comprehensive family law services include the resolution of divorces through litigation, divorce mediation or collaborative law, depending on the specific details of your case. We can take on all matters related to Divorce Practice or dissolution of a common law marriage, including: We are committed to aggressively and efficiently advocating for your rights . We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome. Enforcing Texas Orders Renken Law Firm, PLLC represent clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. Having an experienced lawyer who has handled both sides of the issue provides you a unique attorney who can reasonably anticipate what the other side may attempt to do. If the non-custodial parent refuses to pay court ordered child support or you have been denied visitation, contact us. If you have been accused of nonpayment or denying the opposing party visitation, a possible contempt outcome is jail time. Do not go to court alone, contact Renken Law Firm, PLLC. Enforcement for Delinquent Child Support Child support arrearages not only can lead to wage garnishment, property liens and loss of tax refunds, they can also result in loss of your license to drive, fish, hunt, sell real estate, teach or practice medicine. Whether your problem involves modification or enforcement of family law rights, our lawyers can advise and represent you. Enforcement / Contempt of Court Actions When a parent refuses to honor visitation orders, fails to pay child support or fails to comply with other court orders, the parent is in contempt of court. In most circumstances, it is important that a child is supported by and has meaningful relationships with both parents. That is why it is so important to follow custody, visitation and support arrangements. Failure to do so can jeopardize the child’s well being. If a parent willfully and recklessly avoided complying with orders when it was feasible to do so, the parent may be charged criminally with contempt and could face potential jail time, fines and other consequences. Our attorneys help clients pursue court orders of enforcement. We also defend against actions where enforcement or contempt cases are brought against you unjustly or for spite. 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