Contested Divorce in Texas: What It Means, How It Works, and How to Protect Yourself
Contested Divorce in Texas: What It Means, How It Works, and How to Protect Yourself
By Corpus Christi Divorce Attorney R.F. Michael Snodgrass of Snodgrass Law Firm
When a divorce turns contested, the stakes rise quickly. What started as a legal separation can become a high-conflict battle over children, money, property, and long-term rights. If you’re facing a contested divorce in Texas, understanding the process, and having the right legal strategy, can make the difference between protecting your future and losing control of it.
This guide explains what a contested divorce is, why divorces become contested, how the Texas process works, and what you should do right now if your case is headed toward litigation.
What Is a Contested Divorce in Texas?
A divorce is considered contested when spouses cannot agree on one or more major issues, including:
Child custody or visitation
Child support
Spousal maintenance (alimony)
Division of property and debt
Fault grounds (adultery, cruelty, etc.)
Unlike an uncontested divorce, where both sides sign off on a final agreement, a contested divorce requires court involvement, discovery, hearings, and sometimes a trial.
👉 If you’re unsure whether your divorce is contested or uncontested, review our overview of Texas Divorce Law.
Why Divorces Become Contested
Most contested divorces don’t start that way. They become contested when one spouse feels threatened, treated unfairly, or misled. Common triggers include:
Disputes over conservatorship or parenting time (child custody)
A spouse hiding assets or income
Unequal financial power or control
Allegations of infidelity or misconduct
Domestic conflict or protective order concerns
Once positions harden, informal negotiation often fails, and litigation begins.
Key Issues in a Texas Contested Divorce
1. Child Custody and Parenting Time
Texas courts decide custody based on the best interest of the child, not what feels “fair” to either parent. Judges examine stability, parenting history, safety, and the child’s needs.
If custody is disputed, your case may involve:
Temporary orders hearings
Social studies or custody evaluations
Mediation or trial
Learn more about how courts decide custody on our Texas Child Custody page, or read our article “How Child Custody Is Really Decided in Texas and the Mistakes Parents Regret Later.”
2. Child Support Disputes
While Texas uses statutory guidelines, contested cases often involve:
Underreported income
Self-employed spouses
Bonus, commission, or cash income
Requests for deviation from guidelines
See our detailed breakdown of Texas child support and enforcement options.
3. Property and Debt Division
Texas is a community property state, but that does not mean everything is split 50/50. Courts divide property in a manner that is “just and right,” which may consider:
Fault in the breakup of the marriage
Disparity in earning power
Separate vs. community property claims
Waste or fraud on the community
If your spouse is hiding assets or disputing ownership, litigation may be unavoidable.
4. Spousal Maintenance (Alimony)
Spousal maintenance is not automatic in Texas. Contested cases often arise when one spouse:
Claims inability to meet minimum needs
Argues the other spouse has greater earning capacity
Disputes eligibility or duration
These claims require evidence, not assumptions. Learn more on our Texas Spousal Maintenance page.
The Contested Divorce Process in Texas
A typical contested divorce may involve:
Filing and service of the petition
Temporary orders hearing
Discovery (documents, subpoenas, depositions)
Mediation
Pre-trial hearings
Trial (bench or jury)
Contested divorces often take 6–18 months or longer, depending on complexity and court congestion.
Should You Try Mediation?
Texas courts strongly encourage mediation, and many contested cases settle there. However, mediation only works if:
Both parties disclose assets honestly
There is no intimidation or power imbalance
Each side is prepared to litigate if necessary
A strong litigation posture often leads to better settlement terms.
What You Should Do If Your Divorce Is Becoming Contested
If your spouse has hired an attorney, stopped cooperating, or made threats about custody or finances, you should:
Stop informal agreements
Preserve financial records
Avoid social media mistakes
Get legal advice immediately
Delaying legal counsel often costs more - financially and emotionally - in the long run.
Why Legal Representation Matters in Contested Divorce
Contested divorce is not paperwork. It is strategy, evidence, and leverage. An experienced attorney can:
Protect your parental rights
Prevent asset dissipation
Control the pace and posture of litigation
Position your case for settlement or trial
If you’re considering filing or responding to a divorce, start with our Divorce Consultation process.
Frequently Asked Questions (FAQs)
How long does a contested divorce take in Texas?
Most contested divorces last 6 months to over a year, depending on disputes and court availability.
Can I move out during a contested divorce?
Possibly, but moving out can affect custody and property claims. Speak with a lawyer before making that decision.
Do I have to go to trial?
Not always. Many contested cases resolve through mediation, but you must prepare as if trial is possible.
Is Texas a 50/50 divorce state?
No. Texas divides property in a “just and right” manner, which is not always equal.
Can fault affect the outcome OF A DIVORCE?
Yes. Fault such as adultery or cruelty can impact property division and spousal maintenance.
Talk to a Texas Contested Divorce Attorney
If your divorce is contested, or heading that way, early legal advice can protect your rights and reduce long-term damage.
👉 Contact Snodgrass Law Firm today to discuss your situation and next steps.
Contact Snodgrass Law Firm, PLLC today to schedule a consultation and learn how experienced legal representation can make a meaningful difference in your Family Law case. Please email us at info@snodlaw.com or call or text us at 361-239-8332 to set up a consultation at our office, by phone, or on Zoom. Snodgrass Law Firm serves clients in Corpus Christi, Nueces, San Patricio, and Aransas Counties, and throughout South Texas.
This article is provided for general educational purposes and does not constitute legal advice. No attorney–client relationship is formed by reading this content.
Last updated January 16, 2026.
