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Texas Divorce
What is a Contested Divorce
Frequently, divorcing spouses require Court intervention in order to finalize the divorce. If parties do not agree and assistance is necessary, you need a law firm that understands litigation and is comfortable in the courtroom. Furthermore, you need a team that has 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 a large portion of their day either in Court or preparing for Court. We work diligently to present creative solutions for clients so that litigation expenses can be limited. Specifically, we use every opportunity to attempt to resolve the case, or at least narrow the issues prior to trial. This results in cost savings to the client and increased control of the eventual outcome of the client’s case. These benefits are expected by our clients and we pride ourselves on providing these options to our clients.
If you are looking for an attorney that you can communicate with without the feeling of being 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 peoples’ lives: their family and their money. Both of these aspects are fraught with emotion. Additionally, because these two areas are so broad, the family law practitioner must have a working knowledge of a wide variety of different areas of the law in addition to understanding relationships and parenting issues. Moreover, judges have much broader discretion in family law cases than they do in most other areas of the law because the Court shall 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 are usually asking for the same thing: a fair division of the 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 because each judge brings his or her own set of values to the bench, the results in a divorce case are sometimes different in virtually identical cases.
At Anderson Legal Group, we are here to assist you in navigating your divorce litigation. We will offer suggestions to you and provide advice to assist 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. It is important for you to have a thorough understanding of your rights as a parent as well as the various topics the Court will want to be 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 children issues are contested, it is important to have an attorney on your side with a thorough understanding of the law and your rights. Please contact us at Anderson Legal Group so that we can work to meet your goals regarding your children.
Texas Divorce FAQs
You can minimize contact with the Texas divorce system by resolving as many issues as possible through informed agreement rather than asking lawyers or judges to make decisions for your family.
Divorce exists on a spectrum. At one end, spouses cooperate, exchange the necessary information, negotiate reasonable terms, and use attorneys primarily for advice and document preparation. At the other end, the spouses cannot agree and must rely on hearings, discovery, experts, and trial.
Every genuine agreement reduces the number of issues requiring legal intervention. Spouses may negotiate matters involving:
- Property and debt division
- Conservatorship and parental rights
- Possession schedules
- Child support
- Health and dental insurance
- Geographic residence restrictions
However, minimizing involvement does not mean proceeding without reliable legal advice. A poorly drafted agreement can create tax problems, omit assets, produce unenforceable obligations, or generate future litigation.
Texas public policy expressly encourages the peaceful resolution and early settlement of disputes. Properly executed settlement agreements can substantially limit what remains for the court to decide.
Key Takeaway
The more decisions your family can make intelligently and voluntarily, the fewer decisions must be surrendered to the divorce system.
Related Questions
Can we settle a Texas divorce without mediation?
Should each spouse have a separate divorce attorney?
Can a judge reject an agreed divorce?
When does divorce litigation become necessary?
Last Updated: July 2026
The divorce spectrum describes the range between complete voluntary agreement and fully contested litigation.
At one end, spouses remain married and have no contact with the divorce system. Moving along the spectrum, spouses may privately discuss settlement, negotiate through attorneys, attend mediation, present a limited dispute to the court, or ultimately try every contested issue.
The major stages generally include:
- Direct agreement between the spouses
- Attorney-assisted negotiation
- Mediation
- Temporary-order litigation
- Focused litigation over unresolved issues
- A contested trial
A divorce does not have to remain in one place on the spectrum. A case may begin cooperatively and become contested after hidden assets or parenting concerns emerge. A hostile case may also become manageable after discovery provides reliable information.
The objective is not necessarily to remain at the peaceful end at all costs. The objective is to use only the amount of legal intervention reasonably necessary to protect the children, property, and future of the client.
Texas law favors peaceful dispute resolution, but courts remain available when voluntary settlement cannot fairly resolve the dispute.
Key Takeaway
A strong divorce strategy seeks agreement where possible and uses litigation where necessary.
Related Questions
Does agreeing to settle show weakness?
Can part of a divorce be settled before trial?
What happens when one spouse refuses to negotiate?
How do I know whether my case will go to trial?
Last Updated: July 2026
No. Reaching an agreement may reduce the work required from a divorce lawyer, but competent legal advice remains important before that agreement becomes binding.
Spouses frequently understand what they want in broad terms. They may agree that one person keeps the house, that retirement will be divided, or that the children will follow a particular schedule. The danger is usually found in the details.
A divorce attorney should determine whether the agreement:
- Identifies all assets and liabilities
- Correctly transfers ownership
- Addresses refinancing and lien issues
- Properly divides retirement benefits
- Accounts for tax consequences
- Contains enforceable deadlines and remedies
- Protects the children’s interests
A mediated settlement agreement that satisfies Texas statutory requirements can become binding before the final decree is drafted. The Texas Supreme Court has repeatedly recognized that qualifying mediated settlement agreements generally entitle a party to judgment on their terms.
That makes legal advice particularly important before the agreement is signed—not merely afterward.
An attorney’s role in an agreed divorce should be proportional. The lawyer should protect the client, identify unseen risks, and draft reliable documents without manufacturing unnecessary conflict.
Key Takeaway
Agreement reduces the need for litigation. It does not eliminate the need to understand what you are signing.
Related Questions
Can one attorney represent both spouses?
Can I withdraw from a mediated settlement agreement?
What should be included in a Texas divorce agreement?
Can an agreed divorce still become contested?
Last Updated: July 2026
Family Law Areas of Specialty
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