Complex Divorce or "contested Divorce"

What is a Contested Divorce

Often, divorcing spouses need court intervention to finalize the divorce. If the parties do not agree and need assistance, you need a law firm that understands litigation and is comfortable in the courtroom. You also need a team with working relationships with expert witnesses to help prepare your divorce case for trial.

Anderson Legal Group is very familiar with complex litigation and is prepared to protect your rights. Board Certified Family Law Attorneys Andrew J. Anderson and Paul G. Daly spend much of their day in Court or preparing for Court. We work diligently to present creative solutions so clients can limit litigation expenses. Specifically, we use every opportunity to resolve the case, or at least narrow the issues, before trial. This results in cost savings for the client and greater control over the eventual outcome of the case. Our clients expect these benefits, and we pride ourselves on providing them.

If you are looking for an attorney you can talk to without feeling judged, let Anderson Legal Group listen to and address your specific goals. Please contact us today to get started.

About Divorce Cases

Complex divorces are unlike any other court case. While other types of litigation may involve business dealings or accidents, divorces involve the two most important aspects of people’s lives: their family and their money. Both are fraught with emotion. Because these areas are so broad, the family law practitioner must have a working knowledge of many areas of law, in addition to understanding relationships and parenting issues. Moreover, judges have much broader discretion in family law cases than in most other areas of the law because the Court must consider the best interests of the specific children involved in the divorce action.

Another major distinction between divorce cases and most other areas of litigation is that there is virtually never a clear-cut “winner” or “loser” in a divorce case. Truth be known, all parties in a divorce case lose. Both divorcing parties usually want the same thing: a fair division of assets and debts and a proper amount of time with the children. The problem is that each spouse has a completely different view of “fair” and “proper.” Because judges have broad discretion in family law cases and each judge brings his or her own set of values to the bench, divorce outcomes can differ in virtually identical cases.

At Anderson Legal Group, we help you navigate your divorce litigation. We will offer suggestions and provide advice to help you through the process. Contact our office to schedule your initial consultation so that we can begin working together to meet your goals and needs.

Children in a Divorce

Determining complex divorce issues related to children is often the most emotionally charged and contested topic of a divorce. You should have a thorough understanding of your rights as a parent, as well as the various topics the Court will want addressed. For an overview of related issues that will need to be addressed in your divorce if you have children, please review the tab titled “Child Custody Issues.”

When child issues are contested, it is important to have an attorney on your side who thoroughly understands the law and your rights. Please contact Anderson Legal Group so we can work to meet your goals regarding your children.

Property Issues in a Divorce

The starting point of property analysis in a divorce case is to assume that everything owned by the spouses is ‘Community Property’. This means the Court may divide it during a divorce. This is true unless a spouse can prove that a particular item is his/her ‘Separate Property’.

Generally, ‘Separate Property’ is: 1) property one spouse had prior to marriage, 2) property received during the marriage through a gift or inheritance, or 3) property received through certain types of personal injury recoveries. The importance of Separate Property is that once the proponent proves it is, in fact, Separate Property, it then cannot be awarded to the other spouse. It is “off the table” and not subject to division by the Court.

Characterizing property as Community or Separate can be very complex. Work with an attorney who thoroughly understands the statutes and case law governing Texas Marital Property. At Anderson Legal Group, we are here to assist you with this aspect of your complex divorce.

“Just and Right” Division

Community Property is the property that is divided in a divorce case. The division made by the Court must be one that is “just and right” (or “fair”) given the circumstances of the parties and their children. A Court has broad discretion in determining what is a “just and right” division of the community property.

Each Judge is different. When you go before the Court to ask that your community property be divided, it is important to have an attorney who has handled divorce cases in your specific Court so you can be properly advised. At Anderson Legal Group, we have extensive experience in the family law Courts in the Dallas-Fort Worth Metroplex, specifically Tarrant County, Denton County, and Dallas County, and we are ready to assist you.

Financial Information Sheet (FIS)

A Financial Information Sheet (FIS) is much like a monthly budget. The Court typically requires each party to prepare a FIS in a divorce case, especially when Temporary Spousal Support, Interim Attorney’s Fees, and/or Child Support are at issue. The FIS is an important tool throughout your case as it shows the Court the monthly expenses and monthly income of the parties so that the Court has more information about the assets of the parties.

Inventory & Appraisement and Spreadsheets

An Inventory and Appraisement is a detailed inventory of all of the property owned by the parties, including community and separate property. Each party prepares the Inventory and Appraisement and swears to it as if testifying to its accuracy in Court. Judges typically have parties exchange Inventory and Appraisements, along with supporting documents to verify the types of assets and debts and the values of each item. This allows the attorneys to have a full picture of the assets and liabilities of the parties.

From the Inventory and Appraisement, we build a spreadsheet in order to evaluate potential divisions of the estate. The spreadsheet is an invaluable tool in your case and will be used for potential settlement negotiations and preparation for the final trial. The spreadsheet is also helpful for the Judge when he/she rules on the property division in your case.

The Inventory and Appraisement is a highly detailed, complex document essential to your case. You want an attorney who understands the intricacies of your estate to help you with your case and the Inventory and Appraisement. At Anderson Legal Group, we are ready to assist you with this portion of your contested complex divorce. Please call our office to schedule a consultation.

Business Entities

Business interests can include corporations, partnerships, sole proprietorships, LLCs, and even network/direct marketing companies. If you or your spouse have any ownership interest in any business, it is imperative that the business is included on the Inventory and Appraisement. It is important to characterize and value business interests so they do not diminish your rights. Further, aside from the actual ownership of a business, other items such as distributions, characterization, wages, contributions, and earnings are at issue when a business is involved in a divorce matter.

At Anderson Legal Group, we often work with business owners seeking a divorce. Business owners have a lot at stake when getting a divorce, and it is crucial that your interests are protected. We work to understand your business and minimize the effects of the divorce on it. Please call our office to schedule a consultation so we can begin addressing your specific needs and advocate to protect your interests.

Stock Options

Stock Options are sometimes provided to employees as part of their compensation package. As such, they need to be divided in the divorce. Often, Stock Options are particularly tricky because of how and when the Options are granted and vest. Sometimes, an expert (usually a forensic CPA) is needed to calculate the character and value of the Options.

If you or your spouse has Stock Options, work with an attorney who can correctly characterize the stock and fight to protect your interests. At Anderson Legal Group, we frequently handle divorce cases involving stock options. If you work for one of the several large companies in the DFW area, we have likely divided the Options awarded to your family.

Discovery

Discovery is a tool that is used to gather information from the other party in a divorce case. You may need this information for a potential settlement proposal, mediation, and/or trial preparation.
There are four types of discovery that you may see in your divorce case:

1. Requests for Production and Inspection of Documents allow a party to see another party’s bank statements, credit card statements, medical bills, etc.
2. Requests for Interrogatories are written questions from the other party. They require “essay” style responses from you. They usually focus on the important issues in the case and can sometimes cover sensitive topics you might feel uncomfortable discussing.
3. Rule 194 Initial Disclosures help you learn about the other party’s character witnesses, expert witnesses, legal theories, and evidence. In short, they help you gather intelligence about the other party’s “plan of attack” for trial.  Initial Disclosures are one of the first steps in the discovery process, and the exchange of this information happens quickly after the lawsuit is filed.
4. Requests for Admissions are specific statements that will ask the party to admit or deny a particular fact or a particular opinion of yours. Thus, they are much like “true” or “false” questions from school. For example: “Admit you took the child to Whataburger at 7 p.m. on March 15, 2025.”

When you receive a request for discovery, you must act quickly because you have very limited time to respond. If you do not yet have an attorney and have received discovery requests, please contact our office as soon as possible to schedule a consultation so we may begin assisting you.

Experts

Depending on the facts of your case, it may be necessary to hire an expert witness to prepare to testify as to your interests at Court. If your case involves a complex property issue, you may need an expert. For certain types of property, you may need to make multiple arguments to the Court about how the property should be characterized and divided. Therefore, a financial expert can help determine and calculate the best method to protect your interest and assist in preparing to argue against the methods your spouse is likely to use.

If you have a complex property case that needs a financial expert, it helps to have an attorney with a working relationship with various local financial experts. At Anderson Legal Group, we have worked with countless local financial experts and can help you choose the best fit for your case.

Depositions

Each party to a lawsuit has the right to take the opposing party's deposition. Thus, when you become a party in a Family Law matter, your spouse may require you to appear at a specified time and place and give your oral testimony under oath. Your deposition testimony is critical to your case, as it may be used against you at future hearings and/or trial.

In its simplest form, a deposition is a witness's oral testimony taken under oath outside the Courtroom. The opposing attorney will ask you several questions in order to gather information for his/her case. It is incredibly important to remember that your answers are under oath and may be used against you if you contradict them when testifying in future hearings and/or trial.

The deposition is the opposing attorney’s chance to gather the information that will help him/her build their case. It is also a great opportunity for the opposing attorney to see what type of witness you will be at trial. Do not be surprised if the opposing attorney tries to get you upset. This is an intentional strategy to see how you react under pressure.

Much like attending Court, attending a Deposition can feel overwhelming and frightening. Having an attorney on your side helps you prepare for the types of questions you may face at a deposition. At Anderson Legal Group, we are here to assist you with this stressful process. Please call our office to schedule a consultation so that we may begin assisting you.