Deciding to end your marriage involves significantly more than simply asking the court for a divorce. Before a court will grant a divorce, it will require you and your spouse to decide on several different issues regarding the separation of your lives. Many of these matters can have a substantial effect on your future, including your financial situation, where you live, and your relationship with your children. For this reason, it is no surprise that spouses often have strong opinions on how they want to settle matters in their divorce.
Divorce is always a much easier and more cost-effective process if a couple can agree on the major issues. However, many cases involve spouses who cannot reach an agreement on their own. Divorcing spouses often have a difficult time getting along and they may refuse to agree out of spite or anger. In other situations, spouses may just have very different views of how post-divorce life should be. No matter the reason, a divorce can be complex if one or more issues are contested.
Contested divorce simply means that there are unresolved issues going into the case. There are many issues that may be contested and there are different ways to attempt to resolve these matters. At The Vendt Law Firm, P.L.L.C., we explore every possible way to obtain a favorable result in your contested divorce while saving you as much time, money, and stress as possible.
While every divorce case is different and may have unique complexities, the following are the most common contested issues in divorce cases in Texas:
A top priority for many divorcing parents is to maintain their relationship with their children. Before a divorce, parents must decide both physical custody rights (how much time the children physically spend with each parent) and legal custody rights (which parents have the right to make important life decisions for the children). In Texas, custody rights are referred to as “conservatorship” of the child and the presumption of the courts is that parents should serve as joint conservators and share the parental rights and responsibilities. If one parent wants to have primary or full custody rights, it can lead to a dispute.
Another very personal matter in a divorce is how you will divide all of the property and assets that you amassed during your marriage, which is considered to be community property under Texas law. Any property that you owned before marriage will be separate property and will not need to be divided. However, there is generally a large amount of community property that will need to be divided in a fair manner.
As you can imagine, property division can be complex and there are many opportunities for disagreement between spouses.
If there will be a disparity in the financial situation of the spouses after a divorce, spousal support will almost certainly be an issue. This is especially the case when one spouse worked and the other left the workforce to take care of the household. In such cases, the spouse in the lesser financial situation will likely request monthly support payments to help cover their basic expenses until they can obtain the education or training needed to start their own career and support themselves. It is rare that someone will voluntarily agree to make payments to a former spouse, so this is a commonly contested matter.
Simply because a matter is contested does not mean that you will need to battle it out in court. Litigating divorce issues can be expensive, can cause significant delays in the divorce process, and can result in very personal attacks in open court that become part of the public record. For this reason, our skilled contested divorce attorney will seek alternative ways to resolve your disputes before heading into court.
A qualified divorce lawyer should be skilled in negotiating matters with your spouse’s lawyer. We can present evidence that supports your goals in a persuasive manner and can advise you when compromise may be a wise choice. Many issues can be settled by sitting down in negotiations with your spouse and their attorney.
In mediation, you and your spouse (and your attorney) will sit down with a neutral mediator who will listen to your arguments and help to facilitate compromise. Mediation is faster and more cost-effective than taking a case to court and can often be successful in resolving contested matters.
Finally, if you cannot resolve a certain matter out of court, you want an attorney who understands how to effectively litigate contested matters in front of a judge. Our contested divorce lawyer has extensive experience representing clients in court and will fight for your rights and goals.
It is simply a reality that many divorces will have contested issues. At The Vendt Law Firm, P.L.L.C., we do not believe that a contested divorce has to cost you an extreme amount of time or money. We will seek the most efficient and effective ways to resolve any undecided matters so that you can move on post-divorce in the best situation possible.
Frank has done an amazing job with my divorce case, I would definitely recommend him to anyone!
“Frank has done an amazing job with my divorce case, I would definitely recommend him to anyone! He has always been available at all times of day, he is very sharp and knows exactly what he’s talking about and can explain things very well. I have relied on Frank to take care of this case and he has come through on top at every turn. Excellent lawyer.”
Frank guided me through a very challenging divorce and I couldn’t be more pleased.
“I cannot recommend Mr. Vendt and his associates more! Frank guided me through a very challenging divorce and I couldn’t be more pleased. Response times on phone and email were exceptional. On the rare occasion my questions were not answered immediately, I would wait only hours at the most, thankfully, I never waited into the next day. Frank also made a surprising effort to fully understand my situation, and negotiate a fair deal. Although it meant less money in his pocket, he managed to avoid a second trial, and negotiated a fair deal I was very pleased with. I always assumed lawyers were in it for all they could get, but Frank truly had my best interest at the forefront of his efforts. The best quality I can mention is that Frank is very honest and strait forward. He reads the situation, and advises in a very clear and accurate manor. I never felt like I was in limbo, and with Frank on my side, I knew what to do and what to expect to reach a satisfying conclusion to a difficult time in my life. I hope and pray I never need his service again, but if I do require a family attorney in the future, The Vendt Law firm will receive my first and only call.”
Frank really took care of me with a complex divorce. It was nice to know I had him in my corner with his experience and understanding during a difficult time.
“Frank really took care of me with a complex divorce. It was nice to know I had him in my corner with his experience and understanding during a difficult time. I highly recommend. ”
I simply want to Thank Frank for his upfront honesty and advise on my case! He saved me from spending my money and gave me the knowledge I needed to go about my situation.
“I simply want to Thank Frank for his upfront honesty and advise on my case! He saved me from spending my money and gave me the knowledge I needed to go about my situation.Thank you You Frank i really appreciate you taking your time to help me out and providing me with options..I hope to never have to go through going to court but if it was the case i would defiantly hire Mr Frank!”
He represented me in a manner that was professional and very efficient. Frank does what he does because he has a passion for justice.
“Frank was great to work with. He represented me in a manner that was professional and very efficient. Frank does what he does because he has a passion for justice. I am very appreciative of all that Frank has done for me and I will recommend him to anyone that needs legal representation conducted the ‘right’ way.”