When Should You Contest a Divorce?

 Posted on February 26, 2024 in Divorce

Agreeing on the terms of the divorce itself can be just as difficult as the decision to split up. If you need a contested divorce, you do not have to go through the process alone. A Texas lawyer can be on your side through each step. There are several reasons you may consider a contested divorce.

You Have Complex Financial Assets or Debts

Maintaining finances can be one of divorce's messiest and most contentious parts. When you have complicated assets like businesses, significant investments, or debts, calculating the value and deciding who gets what is rarely straightforward. If you and your spouse cannot agree on major assets or liabilities, the matter may need to go before a judge.

Contested divorces tend to make the most sense financially when:

• One spouse owns a business or other complex asset whose value is unclear or disputed
• You and your spouse have large joint debts that are difficult to separate
• Significant retirement accounts, investments, or real estate holdings need to be dividing

In such scenarios, working through the courts may be the only way to fairly account for and distribute all marital property and debts.

You Have Disagreements Over Alimony

Spousal maintenance, also known as alimony, is another area that raises concerns for many couples. In Texas and other states, alimony is discretionary and based on one spouse's financial need and the other's ability to pay.

Suppose you and your ex have very different ideas of appropriate alimony, given your respective incomes and expenses. In that case, mediation may fail, and a judge may need to weigh in. Reasons you might head towards a contested divorce over alimony include:

• Your spouse refuses to pay any alimony despite a significant income gap
• You disagree throughout spousal support payments
• Your career sacrificed for having children and staying home with them versus your spouse's career advancement
• Concerns about a spouse hiding income or assets

Rather than leave your financial future in your ex's hands, fight for a court-ordered alimony arrangement you can count on.

Child Custody Arrangements Are in Dispute

Contested divorces often arise when ex-partners cannot agree on parenting plans. There are endless details for couples to fight over when it comes to creating a permanent parenting plan. This could be about who gets sole custody or trying to figure out a schedule that just seems chaotic with each other's schedules. Not to mention, there may be some decision-making struggles or arguments over holidays with the children.

Mediating acceptable solutions to these concerns is ideal. However, litigation may be needed to bring in a judge as a tiebreaker if you and your spouse remain at odds over custody and visitation. In cases involving abuse or special needs kids, letting a court decide may also be safest for your children's wellbeing.

Contact a Bexar County, TX Family Law Attorney

There is a lot at stake between your finances, assets, and time with your children as you go through a divorce and part ways. Thankfully, working with a San Antonio, TX family lawyer can help you take each step so you know what to do through the process. Call Brandon Wong & Associates at 210-201-3832 to get started.