Smith County Contested Divorce, Tyler TX Contested Divorce Attorney

Serving Smith, Gregg, & Rusk Counties

If you are going through a contested divorce it is strongly recommended that you speak with a local divorce attorney in Tyler. Contested divorces tend to take longer to go through the court system however, you should speak with a qualified lawyer at the start of your divorce. In Texas a divorce must be on file with the court for at least 60 days. A highly contested divorce can average six months or more from start to finish. As a divorce lawyer in Tyler, I am familiar with the local courts’ procedures and deadlines. I handle both uncontested divorces and contested matters. 

What is a Contested Divorce?

A contested divorce is when the two parties getting a divorce are not in agreement with at least one aspect of their divorce. This can be the division of property, child custody, visitation rights or schedule, spousal support, and a number of other things. Not all family law matters can be resolved with the use of settlement tactics like mediation. The fact is that some divorces must be heard in front of a judge, who will make a final decision on the outcome of the divorce. If you are involved in a contested divorce it is important to make sure that the family law attorney you choose to use has the experience and willingness to take your case to trial. 

 

Using an Aggressive Family Law Attorney for Contested Divorces

Sometimes an aggressive approach is needed for a contested divorce. Your attorney should explain to you what legal actions can be taken in your case in order to help you have the best outcome possible. When I mention “aggressive approach” I am not only referring to the attorney’s knowledge and ability to handle your case, but more importantly, the attorney’s willingness to take your case to trial. I have had a number of cases go to trial and can assure you if that is what needs to be done on your case I will do everything in my power to achieve your desired results. 

Meeting With A Tyler Family Law Attorney For Your Divorce

Before meeting with a divorce attorney you should prepare for the consultation. I tell all of my clients to write a list of any questions and concerns they have regarding their contested divorce. At the time of the consult, I will go over the divorce process in detail and give you useful resources for your case.

The Contested Divorce Process

  • Initial consultation
  • Employment contract signed and retainer fee paid
  • A divorce petition and request for service filed with the court, and any temporary orders request
  • Spouse served with citation, divorce petition, and any temporary orders
  • Temporary Order hearing, if needed
  • Discovery sent to the other party
  • Settlement negiotionas, either informal or with the use of mediation.

Questions & Answers Regarding Contested Divorces

What Makes A Divorce Contested?
When a divorce attorney refers to a case being contested it simply means that the two parties are in disagreement on at least one aspect of their divorce. This can be a number of things but usually consist of:

  • How the property is divided
  • How the debt is divided
  • Child custody or visitation issues
  • Alimony / Spousal Support amounts
  • Child support amount

How Common Is A Contested Divorce?
The majority of my clients are dealing with a contested divorce matter. In these types of cases I strongly recommend retaining a lawyer you can trust. There is potentially a lot at stake when going through a divorce. Your divorce attorney should share the same desire with you to achieve a positive result.
Do All Contested Divorces Go To Trial?
No, Many contested family law matters reach an agreement prior to the final hearing. Settlements can be reached by informal settlement negotiations between the attorneys or at mediation. Just because many cases will settle prior to the final hearing does not mean that your divorce lawyer should not be prepared and ready to fight for you at trial, if needed. Every case is different and should be treated as such.
What Are The Fees For An Contested Divorce?
I handle contested divorces on an hourly rate. My hourly rate is $250.00. The minimum retainer I accept on a contested divorce is $3,000.00

Will My Spouse Be Ordered To Pay My Legal Fees?
I cannot personally order your spouse to pay your attorney fees. If you meet the criteria I can petition the court to order your spouse to pay your attorney fees. There is no guarantee that the judge will order your spouse to pay for your legal fees.

What Type Of Payments Are Accepted?
I accept cash, checks, and major credit cards
How Long Does A Contested Divorce Take
In Smith County a contested divorce can take about 6 months or more . This timeframe depends on many different factors.

How Is Property Divided
If the divorce is granted on no-fault grounds the property and debt will be divided as evenly as possible. If the divorce is granted on fault grounds then the judge can divide the property in a disproportionate amount.
What If One Spouse Does Not Want The Divorce?
If one spouse wants a divorce then the divorce will eventually be granted. There are some ways that a divorce can be prolonged but a spouse cannot force you to stay married to them.

Can The Judge Order Marriage Counseling?
If a spouse feels that their marriage can be saved with the help of marriage or family counseling, then they can petition the court to order marriage counseling. The judge has the discretion to order the counseling or not.

If you more questions please feel free to view my FAQ page or contact me. 

 

Need A Consultation For A Contested Divorce?

I make it easy for clients to get to contact me. An often overlooked quality of a good divorce lawyer is their communication skills. Potential clients can:

Email Me

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Complete an Online Consultation Request Form

All current clients have the capability to view documents, case status, send and receive messages through the online client portal.