A contested divorce happens when you and your spouse cannot agree on at least one major issue — property division, custody, child support, spousal maintenance, or debt. Because no agreement is reached outside of court, a judge decides those open issues for you. If you are facing a contested divorce in Texas, the decisions made during this process will shape your finances, your parenting relationship, and your daily life for years to come.

Contested divorces are longer, more expensive, and more emotionally demanding than uncontested ones. They also carry higher stakes — and they require an attorney who is prepared to fight when a settlement is not an option. Our firm represents clients in contested divorce cases across Brazoria County, Fort Bend County, Galveston County, and Harris County, with offices in Angleton, Pearland, League City, and Sugar Land. We know these courts. We know how local judges apply the Texas Family Code. And we know what it takes to protect your position when things are genuinely contested.

• Property division is in dispute. You and your spouse disagree on how to split community assets, the family home, retirement accounts, investments, or business interests.
• Custody or conservatorship is contested. You cannot agree on who has primary custody, decision-making authority, or possession schedules for your children.
• Child support is unresolved. You disagree on the amount, duration, or terms of child support.
• Spousal maintenance is at issue. One spouse is seeking alimony and the other disputes entitlement or amount.
• Debt allocation is disputed. You cannot agree on who is responsible for shared debts, credit cards, or loans.
• Fault grounds have been raised. One spouse has alleged cruelty, adultery, or other fault grounds under the Texas Family Code. ^[1]

If your situation is different — if you and your spouse agree on all terms — you may qualify for an uncontested divorce in Texas, which is significantly faster and less costly. If you are not sure which path applies to you, a consultation with our team can clarify that quickly.

Contested divorces follow a defined sequence under Texas procedural rules. Every step can be a negotiating point or a battleground, depending on how far apart you and your spouse are. Here is what to expect at each stage.

Step 1: Filing the Original Petition

One spouse (the petitioner) files an Original Petition for Divorce with the district court in the county where either spouse has lived for at least 90 days. Texas requires at least one spouse to have been a Texas resident for six months before filing. ^[2] The petition identifies the parties, lists any children, and states the grounds for divorce. Most cases cite insupportability (no-fault) under Texas Family Code § 6.001, ^[3] though fault grounds may also be included when the evidence supports them. How you frame those grounds from the first filing forward shapes the entire case — our team makes that call deliberately, not by default.

Step 2: Service of Process and Response

Once filed, the other spouse (the respondent) must be formally served with the petition. The respondent then has a deadline — 10:00 a.m. on the first Monday after 20 calendar days from the date of service, per Texas Rule of Civil Procedure 99(b) — to file an Answer. Filing your Answer the right way — with the correct denials and affirmative defenses — preserves rights that cannot be raised later. If the respondent does not answer, the petitioner may seek a default judgment. Do not let a deadline slip.

Step 3: Temporary Orders Hearing

In most contested divorces, the court issues temporary orders early in the process. We know this is one of the most anxious moments in the entire case — these orders govern where the children live, who stays in the home, and who pays which bills while the divorce is pending. Getting temporary orders right matters enormously. Violations of temporary orders carry real legal consequences, and a weak position at this stage can shadow the rest of your case.

Step 4: Discovery

Discovery is where the financial picture of your marriage gets put under a microscope. Each side can demand bank statements, tax returns, business records, text messages, retirement account histories, and more — through written interrogatories, document requests, and sworn depositions. We use discovery aggressively when we need to and efficiently when that serves you better. Thorough discovery is how hidden assets get uncovered and how strong property division arguments get built.

Step 5: Mediation

Texas courts typically require divorcing spouses to attempt mediation before going to trial. A neutral mediator works with both sides to negotiate a settlement. Mediation is confidential and often resolves contested divorces without a trial — but only when both parties negotiate in good faith. We prepare every case as if it is going to trial precisely because that preparation is what creates leverage at the mediation table.

Step 6: Trial

If mediation fails, the case proceeds to a bench trial before a district judge. Texas contested divorces are decided by a judge, not a jury (though some limited issues may be submitted to a jury by either party’s request). Each side presents evidence, calls witnesses, and argues their position before the judge. We prepare every contested divorce for trial from day one — because an attorney who has never prepared to go the distance with your case cannot be fully effective at the table either. The judge then issues a final divorce decree resolving all contested issues.

Step 7: Final Decree of Divorce

The final divorce decree is the binding court order that ends the marriage and resolves all issues — property division, conservatorship, possession, child support, and maintenance. Texas requires a minimum 60-day waiting period from the original filing date before a divorce can be granted. ^[4] Note: the 60-day waiting period may be waived by the court where there is a finding of family violence — specifically, where the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a household member, or where the petitioner holds an active protective order or magistrate’s emergency protection order based on family violence committed during the marriage. See Texas Family Code § 6.702(c). The decree becomes enforceable immediately. Violations — including custody violations or failure to transfer property — can result in contempt of court.

Property Division: “Just and Right” Does Not Mean Equal

Texas is a community property state. Most assets and debts acquired during the marriage are community property, subject to division under a “just and right” standard. ^[5] That does not mean 50/50. Fault grounds like adultery or cruelty can shift the balance. Disparity in earning capacity matters. Business interests, retirement accounts, and real estate often require formal valuation. Without a clear strategy, you risk walking away with far less than Texas law would allow.

Conservatorship: Who Decides and Who Has Possession

Texas does not use the term “custody” — it uses conservatorship and possession. Joint Managing Conservatorship is the default presumption, meaning both parents share decision-making rights. But where the children primarily live, who has the standard possession schedule, and what rights each parent holds are all contested points. The court applies the “best interest of the child” standard, weighing a detailed set of factors under Texas Family Code § 153.002. Note: effective September 1, 2025, Texas updated this statute to add a presumption that a parent acts in the best interest of their child — a protection designed primarily for cases involving nonparents such as grandparents or CPS. In a contested divorce between two parents, the best interest standard that governs your conservatorship case is unchanged. ^[6]

For more on how conservatorship disputes are handled, visit our child custody page.

Child Support: Statutory Guidelines and Deviations

Texas uses a percentage-based child support formula applied to the paying parent’s net resources, with statutory caps tied to income levels. The court can deviate from the guidelines when circumstances warrant. Disputes frequently arise over what counts as income — especially for self-employed parents or those with variable compensation — and over which parent’s income is the correct baseline for the calculation.

Spousal Maintenance: Eligibility and Amount

Spousal maintenance (alimony) in Texas is governed by strict eligibility rules. The requesting spouse must demonstrate an inability to meet minimum reasonable needs and meet one of several qualifying thresholds: a marriage of at least 10 years, a spouse with a qualifying disability, a child with a qualifying disability, or a history of family violence. ^[7] Amount and duration are capped under the Texas Family Code. These disputes require solid financial documentation on both sides.

Fault Grounds and Their Strategic Role

Texas allows fault-based divorce on grounds including cruelty, adultery, abandonment, and felony conviction, among others. ^[8] Fault grounds matter because Texas courts can consider proven misconduct when dividing property. A spouse proven to have committed adultery may receive a smaller share of community assets. Whether to plead fault grounds is a strategic decision that affects the length and cost of the case. Our team evaluates that decision based on what the evidence will support.

Texas imposes a mandatory 60-day waiting period from the date the Original Petition is filed before a divorce can be finalized. ^[4] That is the floor. Contested divorce cases in Texas rarely close at 61 days. (An exception exists under § 6.702(c) when the court finds family violence: the waiting period may be waived where the respondent has been convicted of or received deferred adjudication for a family violence offense, or where the petitioner holds an active protective order or magistrate’s emergency protection order based on family violence committed during the marriage.)

• Simple contested cases (one or two disputed issues, cooperative parties): 3 to 6 months after filing.
• Moderately complex cases (custody disputes, business interests, significant assets): 6 months to 1 year.
• Highly contested or high-asset cases (extensive discovery, expert witnesses, trial required): 1 to 3 years or longer.

What drives duration: court scheduling in your county, how cooperative both parties are during discovery and mediation, whether custody requires a formal evaluation, and how complex the financial picture is. Brazoria County, Fort Bend County, Galveston County, and Harris County each have their own docket schedules and procedural norms. Our attorneys know each of them and manage cases in all four.

What drives cost: attorney time during discovery, depositions, expert witnesses, financial forensics for complex asset cases, and trial preparation. The best way to manage costs is to pursue resolution strategically — preparing to fight while remaining open to a settlement that fully protects your interests.

Whether your case settles or goes to trial, the quality of your financial documentation drives the outcome of property division and support disputes. Start collecting these documents as early as possible — ideally before you file.

• Tax returns (last 3 years, personal and business if applicable)
• Pay stubs and income records for both spouses (last 6 to 12 months)
• Bank and investment account statements (last 12 to 24 months)
• Retirement account statements (401(k), IRA, pension plan documents)
• Real estate documents (mortgage statements, deed, current market value estimate)
• Business records (if either spouse owns a business: operating agreements, financial statements, K-1s)
• Debt documentation (credit card statements, loan agreements, outstanding balances)
• Prenuptial or postnuptial agreement (if one exists)
• Prior court orders (any existing custody or support orders from prior proceedings)
• Evidence supporting fault grounds (if applicable)

Our team walks you through the specific document demands relevant to your case during your initial consultation. If you want to get ahead of the process, our free Texas Divorce Book covers what to expect at every stage of a Texas divorce — including what to gather, what to watch for, and how the law works. Download your copy or request a hard copy at no charge.

Even cases that start contested on limited issues can run into complications that extend the timeline, drive up costs, or put your position at risk. Knowing what to watch for gives you and your attorney an advantage.

Hidden or Underreported Assets

If your spouse controls the finances, hidden or underreported assets are a real and common risk. Forensic accounting, targeted document requests, and deposition testimony are how we expose those tactics. Accepting a settlement before thorough discovery is complete can mean walking away from assets Texas law entitles you to keep.

High-Conflict Custody Disputes

When custody is contested and both parents cannot agree, the court may appoint an amicus attorney or guardian ad litem to represent the children’s interests, or order a formal custody evaluation. These processes add time and cost, but they also create an evidentiary record. How you conduct yourself during a high-conflict custody dispute matters — in court and outside of it.

Non-Cooperation During Discovery

If the other side is dragging their feet on document production, missing depositions, or giving evasive answers, your timeline and your costs go up. The remedy is motion practice — compelling production and putting the conduct in front of the judge. We know how to apply that pressure and when. When the other side is not playing straight, we do not wait for them to come around.

Business Valuation Disputes

If your spouse owns a business — or if you do — valuation becomes a battle of experts. Different methods produce dramatically different numbers, and the spread between them can mean hundreds of thousands of dollars in the final division. We know how to retain the right experts, challenge the other side’s methodology, and present the court with a valuation it can rely on.

Violations of Temporary Orders

If your spouse violates the temporary orders — removing children from Texas, draining joint accounts, or refusing to pay support — that is a contempt issue and it needs to be addressed immediately. Violations of temporary orders do not just affect the moment. They become part of the evidentiary record that follows the case all the way to trial. We move fast when temporary orders are being ignored.

If you are not sure which type of divorce applies to your situation, this comparison can help. The key difference is not how contentious the relationship is — it is whether both spouses can reach a written agreement on all issues before a judge needs to rule.

If you believe your divorce could be uncontested but you have not yet reached agreement, mediation may help you get there. Our team is experienced in both routes. See our page on uncontested divorce in Texas for more on that process.

A contested divorce is not a case you want to hand to a general-practice attorney who handles family law on the side. You need someone who knows the law, knows the courts, and has the experience to fight for you when fighting is what the case requires. Scott M. Brown is Board Certified in Family Law by the Texas Board of Legal Specialization — a credential held by fewer than 1% of licensed Texas attorneys. Multiple attorneys at our firm hold the same board certification. When you hire a board-certified contested divorce attorney, you are hiring someone who has proven to the State of Texas that they know family law at a specialist level.

We understand that a contested divorce is one of the most difficult things you will go through. The stakes are real — your financial future, your parenting relationship, your home. You do not have to navigate this alone, and you should not have to. Our job is to carry the legal weight so you can focus on what comes next.

We prepare every contested divorce case as if it is going to trial. That is not posturing — it is the only preparation that creates real leverage at mediation. When the other side knows you are trial-ready, their calculus changes. When they know you are not, they hold firm. We ensure clients are fully prepared so they are not disadvantaged at the settlement table.

We handle contested divorce cases in Brazoria County, Fort Bend County, Galveston County, and Harris County — in the courts in Angleton, Pearland, League City, and Sugar Land. Our case results reflect what we have achieved for clients in contested family law matters, including property divisions involving significant assets and custody cases where protecting parenting time was the only outcome that mattered. See our case results page for specific outcomes. Results depend on the facts of each case, but our track record reflects how we prepare and how we fight.

If your divorce is contested — or you suspect it will be — the most important thing you can do right now is understand your position before your spouse gets ahead of you. The decisions made in the first weeks of a contested divorce case can shape everything that follows.

Start by reviewing our Texas Divorce page for a full overview of how Texas divorce law works and what your options are at every stage. You can also download our free Texas Divorce Book — a step-by-step guide to the Texas divorce process, available at no charge in English and in Spanish.

Sources

[1] Texas Family Code, Chapter 6 — Grounds for Divorce
[2]  Texas Family Code § 6.301 — Residency and Domicile
[3] Texas Family Code § 6.001 — Insupportability
[4] Texas Family Code § 6.702 — Mandatory Waiting Period
[5] Texas Family Code § 7.001 — Division of Marital Estate
[6] Texas Family Code § 153.002 — Best Interest of Child
[7] Texas Family Code § 8.051 — Eligibility for Spousal Maintenance
[8] Texas Family Code §§ 6.002–6.007 — Fault Grounds for Divorce