Valid Reason for Contesting Your Divorce


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Valid Reason for Contesting Your Divorce

Your divorce will be considered contested if you must turn to the court to intervene on your behalf regarding one or more elements of your divorce. While an uncontested divorce in which you and your soon-to-be-ex can find common ground on all of the significant aspects is usually preferable, there are times when a contested divorce can better serve you and your children’s interests.

The Primary Elements of Divorce

While every divorce is unique, every divorce also addresses the same essential elements (as applicable):

  • Division of marital property (called community property in Texas)

  • Child custody arrangements (called conservatorship in Texas)

  • Child Support

  • Spousal maintenance (commonly called alimony)

Each of these can play an essential role in you and your children’s future.

Reason 1: You Believe Your Spouse Is Hiding Assets

That property that you and your spouse acquired together as a married couple – regardless of whose name is on it or who made the purchase – is considered marital property, which is to be divided in a just and right manner upon divorce. To manage such a division, however, you need to know the full extent of your marital property, and specific circumstances can complicate this matter, including:

  • If your divorce involves high assets

  • If you own a business or have complicated financial holdings

  • If your spouse took care of all the finances and you know little about them

  • If your spouse takes it upon himself or herself to hide assets or to divest your marriage of assets to keep them from you

If you believe your spouse is hiding assets or is engaging in other underhanded financial practices, taking the matter before the court is likely your best option.

Reason 2: If You Strongly Disagree with Your Divorcing Spouse’s Child Custody Demands

The court makes all decisions related to child custody with the children's best interest in mind, and except under extreme situations, courts tend to find that this means spending time with both parents. If you strongly believe that your children will be better off living primarily with you and having a visitation schedule with their other parent due to issues related to their emotional or physical well-being, you and your children may be better served by taking the matter before the judge.

Reason 3: You Are Entitled to Alimony

In many divorces, alimony does not play a role. If your soon-to-be-ex refuses to address the issue of alimony and you believe you are entitled as a result of the sacrifices you made during your marriage – in support of your spouse’s financial success – it is likely a matter you should address with the court.

Discuss Your Concerns with an Experienced Killeen Divorce Attorney Today

Divorce is difficult, and if you have one or more issues to contest, it is that much more so. However, obtaining terms that support your rights is too important not to give it your best effort. Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a dedicated divorce attorney who has the experience and integrity to help you obtain divorce terms that work for you and your children. For more information, please do not hesitate to contact us online or call us at 254-501-4040 today.

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