When your divorce becomes a fight, the decisions you make early can affect your children, your property, your finances, and your ability to move forward.
Petitt Family Law represents clients in contested divorces throughout Collin County. Based in Allen, Texas, we handle cases involving disputed custody, complex property, businesses, significant financial assets, temporary orders, and spouses who simply will not deal reasonably.
Our approach is straightforward: understand the facts, identify what matters, build the evidence, and prepare the case so you are not negotiating from weakness.
We will tell you when settlement makes sense. We will also be ready to go to court when it does not.
Schedule a Consultation
Talk with attorney Melody Petitt about what is happening in your divorce and what you should do next.
What Makes a Divorce Contested?
A divorce is contested when you and your spouse cannot agree on one or more issues that must be resolved before the divorce can be finalized.
The disagreement may involve:
- Who the children will primarily live with.
- The possession schedule.
- Educational, medical, or other decisions concerning the children.
- Child support.
- The marital residence.
- Division of retirement, investments, real estate, or other property.
- Ownership or value of a business.
- Separate property claims.
- Debts.
- Spousal maintenance.
Sometimes there is one major dispute. Sometimes almost everything is contested.
And sometimes the real problem is not the issue itself. It is that one spouse refuses to provide information, changes positions repeatedly, controls the finances, hides assets, delays the case, or will not negotiate reasonably.
That is when preparation becomes especially important.
A Contested Divorce Does Not Automatically Mean Trial
Most contested divorces eventually settle.
That is not a contradiction.
A case can begin with significant disagreements, proceed through discovery and temporary hearings, and ultimately resolve at mediation or through negotiation.
The goal is not to have a trial merely for the sake of having one. Trial is expensive and uncertain.
But there is a major difference between choosing a settlement because it is a reasonable result and accepting one because you are not prepared to do anything else.
Petitt Family Law prepares contested cases with trial in mind from the beginning. That preparation helps us evaluate settlement realistically and gives us the ability to proceed to court when an acceptable resolution cannot be reached.
When You Need a Lawyer Prepared for Litigation
Some divorces can be resolved with relatively little conflict. Others cannot.
You should consider hiring an attorney experienced in contested divorce litigation when:
- Both parents want to determine the children’s primary residence.
- You disagree about possession, decision making, or another significant custody issue.
- Your spouse controls the finances or you do not know the full extent of the marital estate.
- You believe money, assets, income, or business interests are being concealed or moved.
- The divorce involves a closely held business, professional practice, investment assets, executive compensation, or substantial retirement benefits.
- Your spouse refuses to provide documents or meaningful financial information.
- Your spouse takes extreme positions or repeatedly changes agreements.
- There is a history of intimidation, manipulation, controlling behavior, or high conflict.
- You need temporary orders concerning children, property, support, or the marital residence.
- You believe the case may ultimately have to be decided by a judge.
You do not need a lawyer who creates unnecessary conflict.
You need one who knows what to do when conflict already exists.
Preparation Starts Early
One of the biggest mistakes in a contested divorce is waiting until trial is approaching to begin treating the case like a trial case.
Evidence disappears. Memories fade. Financial transactions become harder to reconstruct. Discovery deadlines pass. Temporary arrangements become established. Decisions made early in the case can affect the options available later.
That is why we begin by identifying the questions the case will eventually require us to answer.
- What property exists?
- What is it worth?
- Is it community or separate property?
- What evidence supports a parent’s position regarding the children?
- What will the other side claim?
- What documents or witnesses will prove or disprove those claims?
- What does a judge actually have authority to order?
And, just as importantly, which disputes are worth the financial and emotional cost of litigating?
A good litigation strategy is not simply aggressive. It is deliberate.
Temporary Orders Can Matter a Great Deal
A contested divorce may require a temporary orders hearing early in the case.
Temporary orders establish rules while the divorce is pending and may address issues such as:
- Conservatorship and possession of the children.
- Child support.
- Temporary use of the marital residence.
- Payment of household expenses and debts.
- Temporary spousal support.
- Use and control of vehicles, accounts, businesses, and other property.
- Restrictions designed to preserve property or protect the parties and children.
These orders are temporary, but the case may remain pending for many months. That means temporary orders can significantly affect daily life while the divorce proceeds.
We take those hearings seriously.
Discovery Is More Than Exchanging Paperwork
In a contested divorce, what you suspect and what you can prove are two different things.
Discovery is the process used to develop the evidence.
Depending on the case, that may include requests for financial records and documents, interrogatories, subpoenas to third parties, depositions, business records, electronic communications, employment information, and expert analysis.
In a complex property case, discovery may be used to determine:
- What assets actually exist.
- Whether property is community or separate.
- Whether money has been transferred or spent.
- The value of a business or other significant asset.
- Whether compensation includes bonuses, stock, restricted stock units, options, or other benefits that are not obvious from a paycheck.
- Whether a spouse’s claimed income accurately reflects the financial reality.
In a custody case, evidence may include communications between the parents, school and medical records, calendars, photographs, financial records, witnesses, evaluations, and other evidence relevant to the children’s best interest.
The purpose is not to collect documents simply because they exist. It is to develop the evidence needed to prove the issues that matter.
Contested Child Custody in a Texas Divorce
Parents usually call it custody. Texas law generally addresses these issues through conservatorship, possession and access, and parental rights and duties.
A contested custody case may involve disagreements about:
- Which parent determines the children’s primary residence.
- Geographic restrictions.
- Possession schedules.
- Educational decisions.
- Medical, dental, psychological, and psychiatric decisions.
- Extracurricular activities.
- Communication between the parents.
- A parent’s judgment, behavior, stability, or ability to meet the children’s needs.
- Allegations involving substance use, family violence, neglect, or other safety concerns.
- The ability of the parents to make decisions for the children after the divorce.
Custody cases are intensely fact specific.
The court does not decide the case based simply on which parent believes more strongly that he or she is right. The evidence matters.
So does credibility.
Our job is to identify what the court needs to know and build the evidence necessary to present that story clearly.
Complex Property Division in a Texas Divorce
Property division becomes more difficult when a marital estate involves more than a house, two vehicles, and ordinary bank accounts.
Texas courts divide the community estate in a manner the court determines to be just and right. That does not necessarily mean an equal division.
Complex divorce cases may involve:
- Closely held businesses.
- Professional practices.
- Multiple pieces of real estate.
- Retirement accounts and pensions.
- Brokerage and investment accounts.
- Restricted stock units and stock options.
- Executive compensation.
- Trust interests.
- Separate property claims.
- Reimbursement claims.
- Significant debt.
- Disputed transfers or withdrawals.
Before you can negotiate intelligently about property, you need to know what exists, what it is worth, and what claims can actually be proven.
That may require tracing, valuation, subpoenas, or work with financial experts.
Business Owners and Executive Compensation
A business owner’s tax return does not always tell the entire financial story.
A closely held company may involve retained earnings, distributions, personal expenses paid through the business, loans, equipment, real estate, goodwill, or other financial interests that have to be understood before the marital estate can be evaluated.
The same is true for executives whose compensation may include stock awards, restricted stock units, options, bonuses, deferred compensation, or other benefits in addition to salary.
These cases require more than simply dividing the balance shown on an account statement.
They require understanding what the asset is, when it was acquired, how it should be characterized, and what evidence is available to establish its value.
Negotiation and Mediation From a Prepared Position
Settlement is not a sign of weakness.
A good settlement can reduce expense, limit uncertainty, protect privacy, and give both parties more control over the final result.
But settlement works best when both sides understand that there is an alternative.
We prepare before we negotiate.
That means knowing the important facts, understanding the evidence, evaluating the law, identifying the risks, and determining which issues truly matter.
- We will tell you when we believe an offer is reasonable.
- We will tell you when we think you are taking a risk.
- We will also tell you when we believe accepting a proposal would give away something worth fighting for.
You hire us for advice, not agreement.
When the Case Has to Go to Trial
Sometimes no reasonable agreement can be reached.
When that happens, someone has to present the evidence, examine the witnesses, address the weaknesses in the other side’s case, and explain to the judge why the requested result is supported by the facts and Texas law.
That is where preparation throughout the case matters.
Trial should not be the first time your lawyer has thought seriously about how the evidence fits together.
Petitt Family Law handles contested family law cases with the expectation that, if settlement fails, the case must be ready to be presented in court.
What You Can Expect From Petitt Family Law
Founding attorney Melody Petitt has practiced law for more than two decades and focuses her practice on Texas family law.
She represents clients in contested divorce, custody, and complex property matters throughout Collin County.
Clients can expect candid advice.
That means we will advocate for you, but we will not simply tell you what you want to hear.
We will explain where your case is strong, where it is vulnerable, what information is missing, what a proposed settlement actually means, and what risks come with asking a judge to decide the issue.
- We believe preparation matters.
- We believe clients should understand the strategy behind the work being done on their case.
- And we believe being ready for court is often one of the best ways to avoid being forced into a bad result outside of it.
Schedule a Consultation
If your divorce is contested, or you see signs that it is becoming one, talk with Petitt Family Law about the issues, the evidence, and what should happen next.
Frequently Asked Questions About Contested Divorce in Texas
How long does a contested divorce take in Texas?
Texas generally does not permit a court to grant a divorce until at least 60 days after the case is filed, although limited exceptions apply.
The 60 day period is only a minimum. A truly contested divorce usually takes longer.
The actual timeline depends on the disputed issues, the amount of discovery necessary, whether experts are needed, the court’s schedule, whether temporary hearings are required, and whether the parties eventually reach an agreement.
A case involving significant property or a serious custody dispute may take many months or longer than a year.
How much does a contested divorce cost?
The cost of a contested divorce depends primarily on how much legal work the case requires.
A case becomes more expensive when it involves extensive discovery, multiple court hearings, depositions, experts, complicated financial issues, significant custody disputes, or a final trial.
The conduct of the parties also matters. A spouse who refuses to provide information, takes unreasonable positions, or repeatedly creates new disputes can increase the amount of work necessary.
We discuss litigation costs candidly because legal strategy should include an understanding of whether the likely benefit of pursuing an issue justifies the expense.
Can we settle even if my divorce starts out contested?
Yes.
Many contested divorces eventually resolve through negotiation or mediation.
Reaching an agreement does not mean the case was never contested. It means the parties ultimately found terms they could accept without requiring the judge to decide every remaining issue.
Do most contested divorces go to trial?
No.
Most cases resolve before a final contested trial.
But you cannot know at the beginning of the case whether yours will be one of them.
That is why we believe a contested case should be prepared in a way that preserves both options: a reasonable settlement if one becomes available and a trial if it does not.
What happens at a temporary orders hearing?
At a temporary orders hearing, the judge may decide what rules will apply while the divorce is pending.
Those orders may address conservatorship and possession of the children, child support, the marital residence, payment of expenses, temporary support, use of property, and restrictions on the parties.
Temporary orders do not determine the final outcome of the divorce, but they can have an important practical effect while the case is pending.
What if my spouse will not provide financial information?
The discovery process provides legal tools for obtaining relevant information.
Depending on the circumstances, those tools may include formal requests for documents and information, subpoenas to financial institutions or other third parties, depositions, and requests for court intervention when a party fails to comply with discovery obligations.
What if I think my spouse is hiding money?
Tell your attorney why you believe something is missing.
Specific facts matter.
Unexplained transfers, unusual withdrawals, undisclosed accounts, inconsistent income information, business transactions, or sudden changes in financial behavior may warrant further investigation.
The goal is to move from suspicion to evidence.
Should I file for divorce first?
Sometimes filing first matters strategically. Sometimes it makes very little difference.
The answer depends on the circumstances, including whether temporary relief is needed, whether there is a risk involving children or property, where the case can properly be filed, and whether immediate orders should be requested.
If you believe litigation is likely, it is worth discussing strategy before filing rather than assuming being first is always better.
Should I move out of the house before filing for divorce?
Do not assume that moving out is either required or harmless.
The answer can depend on safety concerns, children, finances, temporary possession of the residence, and the particular facts of the case.
Before making a major change to the status quo, get legal advice about how that decision could affect the case.
What should I do if I think my divorce is going to become highly contested?
Start gathering information and get legal advice early.
Do not destroy or alter communications or financial records. Do not move money, empty accounts, hide property, or make major decisions involving the children simply to gain an advantage.
Instead, identify your concerns, preserve relevant evidence, understand your financial situation, and develop a strategy before reacting.
Talk With a Collin County Contested Divorce Lawyer
You do not need to know today whether your divorce will settle or go to trial.
You do need to understand what is at stake and what should be done now to protect your ability to reach a good result later.
Petitt Family Law represents clients in contested divorce matters throughout Collin County from our office in Allen, Texas.
Schedule a consultation with attorney Melody Petitt to discuss your case and develop a plan for moving forward.