Inside a Contested Divorce: What to Expect When You Can’t Agree

A contested divorce can feel like a constant fight over custody, money, property, or all three. You may feel angry, overwhelmed, or unsure about what comes next. These are all valid emotions.

This is where understanding the complexities of a contested divorce becomes essential. It’s not just about disagreements — it’s about protecting your future, your children, and your financial security.

This guide explains what a contested divorce really means, how it compares to an uncontested one, and what you should expect during the legal process.

What Is a Contested Divorce?

A contested divorce happens when spouses cannot agree on one or more major issues. These often include:

Child custody and visitation
Property division
Child support or spousal support
Debt allocation

When couples cannot reach a compromise, the court steps in to decide. This often involves formal hearings, evidence, and legal arguments.

Contested vs. Uncontested Divorce Cases

An uncontested divorce case is faster and less expensive. Uncontested divorce means both parties agree on every aspect of the divorce—custody, finances, and property.

However, in a contested divorce, things get more complicated. There is no agreement, and both sides may have different goals or expectations.

The court process is longer. It may require:

Mediation
Temporary orders
Hearings
Trial
Final judgment

If you’re in Houston and facing one of these situations, you’ll want experienced contested divorce attorneys on your side.

Common Areas of Disagreement

Disputes in a contested divorce usually fall into three main categories:

1. Child Custody and Visitation

This is often the most emotional issue. Parents may disagree on who should have primary custody or how much time the other parent should have.

A child support attorney can help you understand your rights and obligations. Courts in Texas focus on the best interest of the child—but what that looks like can be highly contested.

2. Property Division

Texas is a community property state. That means any income, assets, or debts acquired during the marriage are generally split 50/50. However, fair does not always mean equal.

A fair property division lawyer can help you protect your share and make sure hidden assets, retirement accounts, or business interests are properly valued.

3. Child and Spousal Support

Support payments are based on income, needs, and custody arrangements. Disputes can arise if one spouse believes the amount is too high or too low.

In many contested divorce cases, support becomes a point of pressure. Accurate financial records and legal guidance can make a major difference.

What to Expect During the Process?

Here’s a breakdown of what usually happens during a contested divorce in Houston:

Step 1: Filing

One spouse files the divorce petition. The other responds within a set time.

Step 2: Temporary Orders

Either party can request temporary orders for custody, support, or exclusive use of the home.

Step 3: Discovery

Both sides gather evidence. This includes financial records, text messages, emails, and witness statements.

Step 4: Mediation

The court may require mediation to see if a settlement is possible. This gives both parties a chance to resolve things outside of court.

Step 5: Trial

If mediation fails, the case goes to trial. Each side presents arguments and evidence. A judge makes the final decision.

Step 6: Final Decree

The court issues a final decree of divorce. This outlines all rulings on custody, support, and property division.

How a Contested Divorce Attorney Can Help

You don’t have to face this process alone. An experienced contested divorce attorney helps you understand your rights, prepare your case, and present your strongest arguments.

They can help with:

Filing and responding to petitions
Negotiating fair terms
Preparing evidence
Representing you at hearings or trial

In high-conflict situations, having the right attorney makes a big difference. It’s about more than legal forms. It’s about protecting what matters most to you—your children, your assets, and your peace of mind.

Need a Strong Advocate in Your Divorce?

At Daniel Ogbeide Law, our skilled contested divorce attorneys understand the challenges of a contested divorce. We help Houston families face these situations with confidence and clarity. Whether it’s child custody, support, or property division, we’re here to protect what matters most to you.