Mansfield | Contested Divorce

The Law Office of Wendy L. Hart

Contested Divorce In Mansfield

Divorces are never easy, even when amicable and uncontested. When spouses cannot agree on major issues, the process becomes even more complicated.

The Law Firm of Wendy L. Hart can help you navigate legal battles with skill and compassion while ensuring that your rights are protected. Our firm has 30+ years of experience in family law courts throughout Tarrant and Johnson Counties, guiding clients through cases where disagreements over property, custody, or financial matters have led to litigation.

We understand that contested divorces are often emotionally charged and legally challenging. Having a knowledgeable attorney on your side is the first step toward ensuring you are well-prepared for the process ahead. Call us or schedule a consultation to get started.

What is a Contested Divorce?

In Texas, a divorce is considered contested when the spouses cannot agree on one or more key issues. Unlike an uncontested divorce, where both parties approve a settlement, a contested divorce requires court involvement and sometimes a trial. Disputes often arise over:

Child custody and visitation (known as “conservatorship” and “possession” in Texas family law)
Division of marital property and debts
Child support and medical support
Spousal support (alimony or maintenance)
Who will remain in the marital home post-divorce
Allocation of retirement accounts or business interests

Because each of these points directly impacts your financial future, parenting rights, and stability, it is critical to have representation from a contested divorce attorney in Mansfield, TX who understands how to develop strong legal strategies.

Common Issues in Contested Divorce Cases

Ending a marital relationship involves handling a variety of issues, especially when children are involved. The conflicts in a contested divorce can make these issues harder to resolve. While every case is different, these are the issues we see most frequently:

Child Custody and Visitation

Custody battles are often the most emotionally difficult element of contested divorce. Texas courts use the term “conservatorship” to describe custody and prioritize “the best interests of the child.” Disputes may involve:

Sole managing conservatorship vs. joint managing conservatorship
Possession schedules, including standard visitation or customized plans
Relocation concerns if one parent moves out of state
Decision-making power regarding education, health, and religion

Your attorney will present evidence showing why your proposed custody arrangement best supports your child’s well-being.

Division of Property and Debts

Texas is a community property state, meaning most assets acquired during the marriage belong to both spouses. Disputes often arise over:

Valuation of homes, businesses, or retirement accounts
Division of marital debts, such as mortgages and credit cards
Tracing and proving separate property (inheritances, gifts, premarital assets)
Hidden or mismanaged assets

A skilled contested divorce lawyer collaborates with financial experts and forensic accountants as necessary to ensure an equitable division.

Spousal Maintenance, also called “Alimony”

Maintenance is not automatically granted in a Texas divorce. Courts consider the length of the marriage, the earning capacity of each spouse, and specific eligibility criteria.

Disputes may involve whether support is needed, how much should be paid, and for how long. Spousal maintenance is not normally awarded for the remainder of the other spouse’s life, and usually for a set period. The purpose is to help a non-working or underemployed spouse train for better employment or to recover a dormant career.

Child Support

Texas sets child support using statutory guidelines based on income and the number of children. But disagreements can arise if one spouse’s income is disputed, hidden, or nontraditional, such as self-employment or business income.

Get In Touch

Phone

(817) 842-2336

Address

200 W. Oak Street Mansfield, TX 76063

Business Hours

Mon - Fri: 8:30 am - 4:00 pm

Wendy has worked on two separate family issues I have had. She always provides sound advice and recommendations regarding family law. She will always be the first person I go to when I have a question or a problem.

– Darcy

How the Contested Divorce Process Works in Texas

Divorce litigation in Texas involves several steps, many of which are mandated by law and court procedure. While every case is unique, most contested divorces follow a similar path:

Filing the Petition for Divorce. One spouse files the divorce petition, which is then served on the other spouse.
Response and Counterpetitions. The other party has the right to respond and file counterclaims.
Temporary Orders. Courts may issue temporary orders regarding custody, support, or exclusive use of the marital home while the case is pending.
Discovery Phase. Each party exchanges documents and information about finances, income, and parenting issues. Discovery may include written questions, document requests, and depositions.
Mediation or Settlement Talks. Courts often encourage mediation to resolve disputes before trial. An experienced divorce attorney helps negotiate favorable terms.
Pre-Trial Hearings. These hearings address unresolved issues and prepare the case for trial.
Trial. If no agreement is reached, the judge, and possibly a jury, will make a final decision for the parties.
Final Decree of Divorce. The court issues a legally binding order resolving all outstanding issues.

Texas law prioritizes settlement where possible, but some contested divorces ultimately require Texas family law litigation to secure a fair outcome.

Why You Need a Contested Divorce Attorney in Mansfield, TX

Contested divorces require more than filling out paperwork for the court. They involve understanding Texas statutes, case precedents, and intricate family law procedures. Without experienced legal representation, you risk losing important rights and assets. Our attorneys provide:

Strategic Case Preparation: Gathering documentation, financial records, and testimony to build a strong position.
Courtroom Advocacy: Delivering persuasive arguments to protect your parental rights and financial interests.
Negotiation Skills: Working toward fair settlements whenever possible, while preparing for trial if necessary.
Guidance and Support: Explaining what to expect at each stage and keeping you informed throughout the process.

Litigation in family law is stressful, but having a team devoted to Texas family law litigation gives you the confidence to face it with clarity and resolve.

The Role of Mediation in Contested Divorce

Even in contested cases, mediation is a powerful tool. Texas courts frequently require mediation before trial to encourage settlement. Mediation allows spouses to:

Retain control over outcomes rather than leaving the decisions to a family court judge
Resolve disputes faster and often at lower cost
Reduce the hostility that might follow a trial

As your attorneys, we prepare thoroughly for mediation to help achieve favorable results. If mediation fails, we are prepared to proceed with litigation.

Preparing for Your Contested Divorce

Clients often ask how they can strengthen their position during a contested divorce. It’s important to know what you’re going into the divorce with before you proceed. Preparation is important, so begin with:

Gathering Financial Records: Tax returns, pay stubs, mortgage documents, and account statements.
Documenting Child-Related Involvement: School records, calendars of parenting time, and evidence of daily care.
Avoiding Social Media Pitfalls: Online posts can be used in court against you.
Following Court Orders: Compliance with temporary orders demonstrates responsibility and strengthens your case.

Being prepared not only helps us while we are handling your case, but it also shows the court you are organized, reliable, and acting in good faith.

Our Approach to Family Law Litigation

Our philosophy is client-centered advocacy. Every divorce is unique, so we tailor strategies to meet your goals and circumstances. Our team emphasizes:

Clear Communication: You will always know the status of your case and possible next steps.
Aggressive Advocacy When Needed: If negotiations fail, we are trial-ready and skilled in courtroom presentation.
Compassionate Representation: Divorce is not just a legal event—it is also an emotional transition for everyone involved. We balance strong advocacy with sensitive client care.

We have earned a reputation in Mansfield and surrounding courts for representing clients professionally and effectively in contested family law cases.

Why Choose The Law Firm Of Wendy L. Hart?

If you need a contested divorce attorney in Mansfield, TX, here are just some of the reasons to entrust your case to our firm:

Local Knowledge: Familiarity with judges and procedures in Tarrant, Johnson, and surrounding counties.
Experience in Complex Cases: From high-asset divorces to high-conflict custody battles, we know how to litigate difficult matters.
Proven Track Record: Our attorneys have successfully negotiated, mediated, and litigated a wide range of contested divorces.
Personalized Strategy: Your goals drive our legal approach, whether that’s protecting property, securing custody, or resolving disputes efficiently.

We focus on doing the best job we can for our clients and their children, while protecting their rights and interests throughout the process.

Frequently Asked Questions About Contested Divorce

The Law Firm of Wendy L. Hart has been helping families through divorce and other difficulties for over 30 years. These are some of the most common questions we are asked:

How long does a contested divorce take in Texas?
- Contested divorces can take anywhere from several months to more than a year, depending on the complexity of the disputes, delays by either party, and the court’s docket.

Will I have to go to court?
- Most contested divorces involve court appearances, especially if temporary orders or a trial are necessary. Many cases settle before trial, but an attorney prepares you for court if needed.

Can contested divorces be settled without trial?
- Many are resolved through negotiation or mediation, saving time and expense. However, a trial is available if mediation and settlement fail.

Do I need to prove fault for divorce in Texas?
- Texas allows both “no-fault” and “fault-based” grounds for divorce. Fault grounds, such as adultery or cruelty, may affect property division.

What if my spouse is hiding assets?
- Your lawyer can use discovery tools, subpoenas, and financial experts to uncover hidden property or income. Courts take asset concealment seriously.

We can answer all of your questions in your initial consultation, as well as throughout the process.

Take the First Step Toward Protecting Your Future

A contested divorce is one of the most challenging experiences you may ever face. With the support of an experienced contested divorce attorney in Mansfield, TX, you can move forward with confidence knowing your rights are fully represented. Our firm is ready to advocate for you in negotiations and in court, with deep knowledge of Texas family law litigation and a clear commitment to your best interests.

Contact The Law Firm of Wendy L. Hart today to schedule a consultation and start building a strategy for your future.

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