Board Certified in Family Law
Contested Divorce in Texas: What Actually Happens
Contested just means something is unresolved. Most contested cases still settle, but they get there through a series of stages worth understanding early.
Temporary Orders Set the Pattern
While the case is pending, a court can issue orders under Texas Family Code § 6.502, after notice and a hearing. They can include sworn inventories, support, production of records, attorney's fees, exclusive occupancy of the home and limits on spending. Children's schedules are commonly addressed at this stage too.
These orders are temporary in name only for some families, because arrangements that last months can shape what seems normal later. Treat that hearing as a main event.
Discovery Is About Finding the Full Picture
Once the case is underway, each side can demand documents and information. A sworn inventory lists what exists and what each spouse says about it. Subpoenas and depositions fill the gaps when one spouse handled the finances or the records do not add up. It is often the largest controllable cost in the case, so organized records save real money.
If you claim something is separate property, the burden is on you. Texas presumes property on hand at divorce is community property, and the presumption takes clear and convincing evidence to overcome (§ 3.003).
Mediation
A court can refer a divorce to mediation on its own motion or by agreement (§ 6.602). A mediated settlement agreement that has the required statement and signatures is binding, and a party is entitled to judgment on it. That certainty is why mediation resolves so many cases, and why you should not sign one until you understand every line.
If It Goes to Trial
A final hearing puts the open questions in front of the judge, or in some matters a jury. You give up control of the outcome in return for a decision. The court divides the community estate in a manner it finds just and right (§ 7.001), a standard that allows for considerable judgment. Weigh any settlement offer against what you could realistically expect at trial, plus what it costs to get there.
Lisa G. Garza is Board Certified in Family Law by the Texas Board of Legal Specialization and has more than 30 years in Texas family law.
Common Questions
What are temporary orders?
Orders in place while the case is pending, covering matters such as support, use of the home, spending limits and inventories. Texas Family Code section 6.502 covers many of them.
Is a mediated agreement final?
If it meets the requirements of Family Code section 6.602, it is binding and a party is entitled to judgment on it.
Who has to prove something is separate property?
The spouse claiming it. Section 3.003 presumes community property, and it takes clear and convincing evidence to overcome that.