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Houston Contested Divorce Lawyer

Harris County divorce litigation attorney

What Is A Contested Divorce?

Not every divorce can be amicable. When you and your spouse are unable to cooperate to negotiate a divorce settlement, or when there are certain issues that you are unable to reach agreements on, you may need to go to court to resolve your divorce. In a contested divorce, divorce issues are settled through litigation rather than by agreement. There are a number of reasons that divorcing spouses go this route. It may be needed in a high-asset divorce, or if one spouse refuses to cooperate.

If you are preparing for a contested divorce, The Cusic Law Firm, P.C. can be there to have your back. You will find that we make excellent legal advocates in and out of the courtroom. If litigation is going to be necessary in your divorce case, we will stand up for your interests at every step in the process.

When Is Contested Divorce Necessary for Texas Residents?

Generally, divorces are considered contested if the following issues exist:

  • Abuse - If your spouse has been abusive - physically, financially, emotionally, or sexually - towards you or your children, they may not be reasonable in negotiations. It may be safer and more beneficial for you to allow a court to make decisions about things like child custody and visitation.
  • Mental illness or addictions - Being married to someone who is mentally ill or addicted to alcohol or drugs and who is unable to manage their condition well can become impossible. It can be difficult to get such a spouse to show up for mediation or to make reasonable compromises.
  • Refusal to cooperate - If your spouse has dug in their heels and refused to go along with the divorce, your only option might be to take them to court.

How Harris County Courts Make Decisions in Divorce Litigation

Letting a judge decide things like who will have primary custody of the children and who keeps the marital home and other community property may make you uneasy. However, we will be there advocating for your best interests. We will make sure your rights will be protected, and we will fight for an outcome that will allow you to move forward successfully once your marriage has been legally dissolved.

Texas is a community property state, so everything you acquired during the marriage (with a few exceptions) must be split in a "just and right" manner. The court can consider things like fault in the divorce, each spouse's earning capacity, and who has custody of the children. Spousal Support in addition to child support may be appropriate in some cases.

Issues concerning children are always decided based on the child's best interests. An amicus attorney might be appointed to investigate the case and talk to the children alone in an effort to gauge what type of custody arrangement would be best for them. We can provide guidance on how to respond to questions asked by an amicus attorney and how you can demonstrate that you will be able to provide for your children's best interests going forward.

Speak With a Houston Contested Divorce Lawyer

The Cusic Law Firm, P.C. is committed to putting our clients first during divorce litigation. Our family law courtroom experience helps us choose the right strategy so that we can be the best possible advocates for you and your children. Contact us online or call 713-650-1866 to start with a free consultation.

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