Are you prepared for the emotional toll and legal complexity of a contested divorce?
It’s a question many couples never expect to face—until things start falling apart. Contested divorces are the most time-consuming and emotionally exhausting, especially when there are children, shared property, or unresolved financial disagreements involved.

At Daniel Ogbeide Law, we understand how overwhelming this process can feel. As experienced contested divorce lawyers in Houston, TX, we represent clients with compassion and strength. Whether you’re facing a custody dispute, division of high-value assets, or challenges in proving a common-law marriage, our team is committed to guiding you with legal clarity and focused advocacy. We offer practical and affordable legal solutions to clients dealing with contested and uncontested divorce cases.

This article will explain each stage of a contested divorce, what you can expect during litigation, the role attorneys play, and how you can prepare mentally and legally for the process ahead.

Step 1: Filing the Divorce Petition

The contested divorce process begins when one spouse files a petition for divorce with the court. This document outlines the filer’s reasons for divorce and what they are seeking—child custody, support, property division, and so on.

• The petition is then served to the other spouse.
• The other spouse has a limited window (typically 20 days in Texas) to respond.
• If the other spouse disagrees with any terms, the case becomes contested.

At this point, the court recognizes that a resolution will require formal litigation or settlement through negotiation.

Step 2: Temporary Orders

Since contested divorces can take several months (and sometimes years), courts may issue temporary orders to address immediate issues such as:

• Child custody and visitation schedules
• Spousal and child support
• Who stays in the home
• Temporary restraining orders (if needed)

These are legally binding and remain in effect until the final divorce decree is issued.

Step 3: Discovery Phase

Discovery is the process where both parties gather and exchange information. This can include:

• Financial records (bank statements, debts, income)
• Property valuations
• Employment information
• Medical records (in cases involving child custody)
• Witness lists and expert testimony

This step is often lengthy and may involve depositions, subpoenas, and interrogatories. It’s critical because it uncovers all the facts each side will present in court.

Step 4: Mediation and Settlement Attempts

Before a court date is set, most Texas courts require couples to attend mediation to try and settle issues without trial. During mediation:

• A neutral third party helps negotiate a potential agreement.
• If both parties agree on key terms, the case may be finalized without going to trial.
• However, if no agreement is reached, the case moves forward in court.

Step 5: Trial

In a fully contested divorce, both parties present their arguments in front of a judge (and sometimes a jury). Each side will provide:

• Testimonies from each spouse
• Evidence supporting their claims
• Expert witness opinions (especially in custody or business valuation cases)
• The judge will evaluate the facts and make binding decisions on all outstanding issues.

This phase can be emotionally draining, especially if children are involved or the relationship between spouses is hostile. Having strong legal representation at this point is essential.

Step 6: Final Decree of Divorce

Once the judge has ruled, a final decree of divorce is issued. This document outlines:

• Custody arrangements and parenting plans
• Division of property and debts
• Child and spousal support obligations
• Any enforcement or modification orders

This final order is enforceable under Texas law, and both parties must comply with its terms.

How to Prepare for a Contested Divorce

Facing a contested divorce requires emotional resilience and legal readiness. Here’s how we recommend preparing:

• Gather all financial records – income, taxes, property documents, loans.
• Create a parenting journal – track your involvement and responsibilities if custody is an issue.
• Limit communication with your spouse – especially if it leads to conflict.
• Follow court orders – including temporary orders during the process.
• Lean on legal support – consult early with a contested divorce attorney to prepare your case.

Even in common-law divorce situations, where proof of marriage may be contested, your attorney will help establish the necessary evidence.

Wondering if Your Divorce Will Be Contested? Here’s What You Should Know

Many people assume their divorce will be simple—until disagreements arise over money, parenting, or even whether a marriage legally existed. A contested divorce is not just a legal process; it’s a personal battle that affects your time, money, and mental health. That’s why it’s vital to work with a team that knows what’s at stake and fights smart.

At Daniel Ogbeide Law, we help individuals handle contested and uncontested divorce cases with professionalism and care. Whether you’re seeking affordable divorce attorneys in Houston or need an experienced contested divorce attorney in Houston, our legal team is here to protect your interests every step of the way. We understand the unique challenges of common-law divorce claims and high-conflict disputes and bring years of family law experience to your side.

Contact Daniel Ogbeide Law to schedule a confidential consultation and find out how we can help you protect what matters most—your family, your future, and your peace of mind.