A contested divorce in Texas refers to a case that goes to trial because the spouses are unable to negotiate mutually agreeable terms. Contested divorce tends to be more time-consuming, more expensive, and more emotionally challenging. There are, however, certain situations when heading to court is the best means of protecting your financial rights, parental rights, or both. If you are facing a hotly contested divorce, you need an experienced Waco contested divorce attorney on your side. 

The Divorce Terms that Must Be Resolved 

Every divorce follows its own unique course, but each case revolves around determining specific terms, as applicable. Whether the divorce is contested or uncontested, the following terms apply:

• Child custody arrangements, which include both conservatorship and parenting time, or possession and access
• Child support
• The just and right division of marital property
• Spousal maintenance, or alimony

If you and your divorcing spouse are unable to hammer out even one of these terms, your case will go to trial, which makes your divorce contested. 

No-Fault Divorce in Waco

The vast majority of divorces in Waco are no-fault and uncontested. Texas does, however, grant fault-based divorces, which can support improved terms for the spouse who claims the other’s fault. To obtain a fault-based divorce, the spouse seeking it must prove the other’s wrongdoing, and common forms include adultery, cruelty, and abandonment. 

While every fault-based divorce is contested, not every no-fault divorce is uncontested. The deciding factor when it comes to no-fault cases is whether or not the divorcing couple can come to an agreement regarding each of the terms that apply. In the process, they can turn to their respective lawyers’ professional legal counsel and can also employ mediation.  

When Contested Divorce Is More Likely 

Most couples going through divorce prefer to retain decision-making authority, to save time and money, and to minimize the emotional impact their children experience. Sometimes, however, their best efforts at negotiating terms are simply not enough. These cases tend to go to court. Prime examples include all the following:

• When one spouse focuses on making the case as difficult as they can and is not interested in making any concessions 
• When there is a uniquely challenging term, such as alimony after a long marriage, tricky child custody concerns, or property division complexities like business ownership
• When one spouse engages in fraud on the community, which can include spending down, giving away, or hiding marital assets in the buildup to divorce

An Experienced Waco Contested Divorce Lawyer Is on Your Side 

Brett Pritchard at The Law Office of Brett H. Pritchard is a compassionate and persuasive Waco contested divorce attorney whose decades of experience speak to his fierce and effective advocacy in court. At Pritchard, we pursue terms that honor our clients’ rights and best interests. We welcome the chance to also serve you and encourage you to reach out for more information. You can complete our online form or call us at 254-781-4222 and schedule a free consultation today.