What Are the Steps of a Contested Texas Divorce? A Complete Legal Guide

The night you and your spouse finally admit that things aren’t going to work, the house feels different. The same kitchen table. The same driveway. The same family photos on the wall. But everything feels uncertain. In that quiet moment, after the conversation ends and the reality settles in, one practical question rises above the emotion: What are the Steps of a Contested Texas Divorce? Understanding the answer early can mean the difference between reacting in fear and moving forward with clarity.

A contested divorce in Texas follows a structured legal path set out in the Texas Family Code, beginning with filing an Original Petition for Divorce and potentially leading to temporary orders, discovery, mediation, and trial. When spouses cannot agree on custody, property division, or support, courts step in under legal standards like the “best interest of the child” found in Texas Family Code §153.002. The process is deliberate, and while it can feel overwhelming at first, it is designed to create order during what may feel like chaos.

At The Law Office of Bryan Fagan, PLLC, we have guided Houston families through this process for more than a decade. Bryan Joseph Fagan, a South Texas College of Law graduate and recognized authority on Texas divorce and custody law, founded the firm with one clear mission: to empower people to reclaim freedom and peace of mind during life’s hardest transitions. We believe knowledge reduces fear. When you understand what happens next, you begin to regain control.

This article will walk you step by step through the contested divorce process in Texas, explain how judges approach custody and property decisions, and help you anticipate both the legal and practical realities ahead. Most importantly, it will show you that even when agreement feels impossible, there is a structured path forward—and you do not have to navigate it alone.

Key Takeaways

• Contested Texas divorces follow eight distinct legal steps from filing to final decree, typically lasting 6-18 months depending on case complexity and court availability
• Texas Family Code requires a mandatory 60-day waiting period before any divorce can be finalized, and establishes specific procedures for service, temporary orders, and discovery
• Temporary orders hearings often set the tone for final outcomes, particularly in contested cases involving child custody and community property disputes
• Court-ordered mediation is mandatory in most Texas counties before proceeding to trial, offering parties one final opportunity to reach agreements
• Strategic preparation and experienced representation significantly impact contested divorce outcomes, especially when complex issues like hidden assets or custody battles are involved

What Are the Steps of a Contested Texas Divorce? The Complete Overview

Under Texas law, a contested divorce occurs when spouses cannot resolve disputes involving conservatorship, possession schedules, child support, spousal maintenance, or division of community property without court intervention. When agreement is not possible, a judge must apply the Texas Family Code to decide those issues. Custody decisions are guided by the “best interest of the child” standard in Texas Family Code §153.002, while property division is governed by §7.001, which requires the court to divide community property in a manner that is “just and right.” This differs significantly from an uncontested divorce, where both parties reach agreement and seek court approval without litigation.

If you are wondering, What are the Steps of a Contested Texas Divorce, the process follows a structured path designed to bring order to complex and emotionally charged situations. The case begins with filing the Original Petition for Divorce under Chapter 6 of the Texas Family Code, which establishes jurisdiction and activates the mandatory 60-day waiting period set out in §6.702. After proper service of process ensures due process protections, the court may hold a Temporary Orders hearing under §6.502 to stabilize custody arrangements, financial responsibilities, and property use while the case is pending. These early rulings often influence how the remainder of the case unfolds.

The next major stage is discovery, where transparency becomes essential. Both parties are required under the Texas Rules of Civil Procedure to exchange financial information, answer written interrogatories, produce documents, and in some cases participate in depositions. Discovery allows each side to understand the full financial picture and evaluate evidence before mediation or trial. For a deeper explanation of how this phase works and why it matters, our team has outlined the process in detail in our guide to the Texas divorce discovery process. Careful preparation during discovery strengthens negotiation leverage and ensures the court has accurate information if trial becomes necessary.

Most Texas courts require mediation before setting a case for trial. Mediation provides an opportunity to resolve disputes privately and often reduces both cost and emotional strain. If mediation does not resolve all contested issues, the case proceeds through pre-trial hearings and ultimately to trial. At that stage, the judge applies updated provisions of the Texas Family Code, including current child support guidelines under §154.125, which reflect the increased net resource cap of $11,700. Once the court renders its decision, the Final Decree of Divorce is entered and becomes legally enforceable.

At The Law Office of Bryan Fagan, PLLC, our attorneys understand that each of these steps represents more than legal procedure—it represents a family navigating one of life’s most difficult transitions. By grounding our strategy in the most current Texas Family Code provisions and providing clear, compassionate guidance at every stage, the firm helps clients move from uncertainty to stability. Knowing what to expect empowers you to make informed decisions, protect your rights, and approach the process with greater confidence and peace of mind.

Step 1: Filing the Original Petition for Divorce

For families asking, What are the Steps of a Contested Texas Divorce, everything begins with the filing of the Original Petition for Divorce. The spouse who initiates the case—known as the petitioner—must file in the appropriate Texas district court and satisfy the residency requirements outlined in Texas Family Code §6.301. At least one spouse must have lived in Texas for six months and in the county of filing for at least 90 days before the petition is submitted. These jurisdictional requirements ensure the court has the legal authority to decide issues involving conservatorship, support, and property division.

The petition itself is more than a formality. It sets the tone for the case and defines the relief being requested. Texas law permits both no-fault divorces based on insupportability under §6.001 and fault-based grounds such as cruelty (§6.002), adultery (§6.003), or abandonment (§6.005). Alleging fault can impact how a court divides community property under §7.001, which requires a division that is “just and right.” The petition will also outline requests related to child custody, possession schedules, child support calculated under §154.125 (which now reflects the $11,700 net resource cap), and potential spousal maintenance under Chapter 8 of the Texas Family Code.

Filing the petition automatically triggers the mandatory 60-day waiting period under Texas Family Code §6.702, meaning a court cannot grant a final decree until at least 61 days have passed. This waiting period applies even if the parties later reach a settlement agreement. During this time, courts may issue standing orders in many counties to preserve property and protect children, and either party may request temporary orders under §6.502 to stabilize finances and conservatorship arrangements while the case proceeds.

The filing date becomes the anchor for your case timeline and can influence issues ranging from property characterization to procedural deadlines. From this point forward, strategic planning becomes critical. In contested matters, early preparation often includes organizing financial documentation in anticipation of discovery. If you want to better understand how document production can reveal critical financial details, our article on document discovery in Texas divorce offers valuable insight into how records can uncover hidden assets or clarify disputed claims.

At The Law Office of Bryan Fagan, PLLC, our legal team guides clients through the filing stage with clarity and purpose. We understand that taking this first legal step can feel overwhelming, but it is also empowering. By grounding each case in the most current provisions of the Texas Family Code and approaching every matter with compassion and precision, our firm helps families move forward with confidence. For additional guidance on how the divorce process unfolds after filing, you may find our Texas divorce process articles helpful as you prepare for what comes next.

Step 2: Service of Process and Response

After filing, the petitioner must legally notify the other spouse about the divorce by serving the divorce papers. Texas law requires proper service to protect both parties’ due process rights.

Service can occur through several methods:

• A process server or constable delivering papers directly
• Sheriff’s delivery
• Certified mail with return receipt
• The respondent signing a Waiver of Service (avoiding formal delivery)

Once served, the respondent has a specific deadline to respond. Under Texas court rules, the answer deadline is 20 days after service, plus the following Monday. If served outside the county, this extends to approximately 28 days.

The respondent may file an Answer disagreeing with the petitioner’s requests, or file a counter petition proposing alternative terms for custody, support, or property division. Filing a counter petition formally establishes the case as contested when positions conflict.

Important warning: If the respondent fails to file a timely answer, the court may grant a default judgment in the petitioner’s favor, potentially awarding everything the petitioner requested without the respondent’s input.

Step 3: Temporary Orders Hearing

For many families asking, What are the Steps of a Contested Texas Divorce, the temporary orders hearing is the first truly pivotal moment in the case. This hearing often takes place within a few weeks of filing and can shape the direction of the entire divorce. Under Texas Family Code §6.502, either party may request temporary orders to establish binding arrangements that remain in place while the case is pending. These interim rulings are not merely placeholders—they frequently influence the court’s ultimate decisions at trial.

During a temporary orders hearing, the court may determine conservatorship and possession schedules under Chapter 153 of the Texas Family Code, applying the “best interest of the child” standard in §153.002. The judge may also order child support in accordance with §154.125, which reflects the current $11,700 net resource cap for guideline calculations, as well as temporary spousal support under Chapter 8 if statutory criteria are met. Additional rulings may include exclusive use of the marital residence and injunctions preventing either spouse from dissipating community assets in violation of §7.001’s “just and right” division requirement.

These hearings typically involve the presentation of preliminary evidence, including financial affidavits, supporting documents, and witness testimony. Although temporary in name, these orders often establish the status quo that courts are reluctant to disturb later. Judges closely evaluate how each parent complies with temporary conservatorship and support obligations, and consistent adherence to court orders can strengthen a party’s credibility and position at trial.

Because temporary orders can significantly impact custody and financial outcomes, early preparation and strategic advocacy are essential. The attorneys at The Law Office of Bryan Fagan, PLLC approach this stage with both precision and compassion, understanding that families need stability while navigating uncertainty. If you would like a broader overview of how temporary orders fit within the larger divorce timeline, our comprehensive guide to the Texas divorce process provides helpful context. You may also find additional insights in our Texas custody resources as you prepare for this critical phase.

Temporary orders are not simply procedural steps; they are foundational decisions that can influence every stage that follows. With knowledgeable representation grounded in the most current provisions of the Texas Family Code, families can move forward with clarity, confidence, and a strategy designed to protect what matters most.

Step 4: Discovery Phase

After temporary orders are entered, the case transitions into discovery—one of the most important stages in a contested divorce. For families asking, What are the Steps of a Contested Texas Divorce, discovery is where facts replace assumptions and preparation replaces uncertainty. Under the Texas Rules of Civil Procedure and Texas Family Code §6.502, both parties are required to exchange relevant financial and case-related information so the court can make informed decisions about conservatorship, support, and property division.

Discovery typically begins with sworn inventories and appraisements outlining assets, debts, and income. From there, attorneys may serve interrogatories (written questions answered under oath), requests for production seeking documents such as tax returns or business records, and requests for admissions designed to narrow disputed facts. Depositions may follow, allowing testimony to be taken before trial. In custody disputes, this evidence directly impacts how courts apply the “best interest of the child” standard under Texas Family Code §153.002. In property matters, the court must divide the community estate in a manner that is “just and right” under §7.001—something that cannot happen without full financial transparency.

Complex cases often require expert involvement. Forensic accountants may trace separate property claims or analyze business valuations, while custody evaluators assess parenting capacity and the child’s emotional and developmental needs. These expert findings can significantly influence negotiations and trial outcomes. If you would like a deeper explanation of how evidence gathering works in divorce litigation, our firm provides a comprehensive breakdown in our article on what is discovery in a Texas divorce. That resource explains how information is requested, produced, and strategically used throughout the case.

Discovery usually lasts two to six months, though cases involving substantial assets or high-conflict custody disputes may take longer. This phase lays the groundwork for mediation and trial and ensures the court has the information necessary to apply current law accurately. For example, updated child support guidelines under Texas Family Code §154.125 now reflect the increased net resource cap of $11,700, making precise financial documentation especially important.

At The Law Office of Bryan Fagan, PLLC, our legal team approaches discovery with both strategy and compassion. We understand that being asked to disclose financial records or answer detailed questions can feel overwhelming. Our role is to simplify the process, protect your rights, and ensure you are fully prepared for the next stage of litigation. For additional guidance on related financial considerations, you may also find our Texas child support articles helpful. When handled thoughtfully, discovery is not just paperwork—it is the foundation for informed decisions and a more stable path forward.

Step 5: Mediation

Texas courts commonly order mediation before allowing contested cases to proceed to trial. This requirement reflects the reality that most family law cases settle before trial—and mediation offers a structured environment to reach agreements.

During mediation, a neutral third-party mediator facilitates negotiations between you and your spouse (usually in separate rooms). The mediator cannot impose decisions but helps both sides find common ground on unresolved issues.

If mediation succeeds, you’ll sign a Mediated Settlement Agreement (MSA) under Texas Family Code §6.602. Once signed voluntarily, an MSA is binding and irrevocable—it cannot be set aside simply because one party later changes their mind.

If mediation fails, your case proceeds toward trial. However, even partial agreements reached in mediation can narrow the contested issues a judge must decide, potentially shortening trial time and reducing legal fees.

In cases involving family violence, courts may modify mediation requirements or bypass them entirely to protect victim safety.

Step 6: Pre-Trial Motions and Hearings

If mediation doesn’t resolve all issues, your case enters pre-trial preparation. This phase involves various procedural motions and conferences to prepare for trial.

Common pre-trial activities include:

• Motions to compel discovery (forcing a non-compliant party to provide requested documents or answers)
• Motions for continuance (requesting to delay hearings or trial)
• Motions in limine (excluding certain evidence from trial)
• Pre-trial conferences where attorneys meet with the judge to finalize witness lists, narrow contested issues, and confirm trial readiness

Evidence preparation intensifies during this phase. You’ll organize exhibits, prepare witnesses for testimony, and develop trial strategy with your family law attorney.

In busy jurisdictions like Dallas County, court dockets can be congested, meaning several months may pass between completing discovery and your actual trial date. Use this time wisely—strategic preparation during pre-trial often determines trial outcomes.

Step 7: Trial

When contested issues remain unresolved, your case proceeds to trial. In most Texas family law cases, this means a bench trial before a judge—juries are available for property division issues but uncommon in custody matters.

During trial:

• Both parties present evidence through testimony and exhibits
• Witnesses are examined and cross-examined
• Each side makes opening statements and closing arguments
• The judge applies relevant legal standards to decide contested issues

For child custody disputes, the judge applies the best interest standard under Texas Family Code §153.002, considering factors like each parent’s abilities, the children’s emotional and physical needs, and stability of proposed living arrangements.

For property division, the court divides community property under Texas Family Code Chapter 7. Texas law presumes equal division is equitable, but judges can award a disproportionate share based on factors like fault in the marriage’s breakup, differences in earning capacity, or waste of marital assets.

Trials can last anywhere from a few hours to several weeks depending on complexity. When trial concludes, the judge renders a decision—sometimes immediately from the bench, sometimes through a written ruling issued later.

Step 8: Final Decree of Divorce

For families asking, What are the Steps of a Contested Texas Divorce, the final decree represents the closing chapter of the legal process—and the beginning of a new structure for your life. After a settlement is reached or a judge renders a decision at trial, the Final Decree of Divorce is carefully drafted to reflect every ruling and agreement. This document outlines conservatorship rights and duties under Texas Family Code Chapter 153, child support obligations calculated pursuant to §154.125 (including the current $11,700 net resource cap), any spousal maintenance awarded under Chapter 8, and the division of community property as required by §7.001, which mandates a “just and right” distribution of the marital estate.

Both parties are typically given the opportunity to review the proposed decree before it is submitted to the court for entry. In contested cases that proceed to trial, it is not uncommon for the losing party to refuse to sign the final document. However, a judge may still enter the decree if it accurately reflects the court’s ruling. Once signed by the judge and filed with the district clerk, the decree becomes legally enforceable. The marriage is formally dissolved upon entry of the decree, provided the mandatory waiting period set forth in Texas Family Code §6.702 has elapsed.

The final decree is more than a formality; it is a binding court order that governs custody schedules, financial obligations, and property rights moving forward. If one party fails to comply, enforcement actions may be available under the Texas Family Code. The attorneys at our Houston-based family law firm take particular care in drafting and reviewing final decrees to ensure clarity, precision, and long-term enforceability. A well-drafted decree prevents future disputes and protects both parental rights and financial stability.

Even after the decree is entered, legal options may still exist. A motion for new trial must generally be filed within 30 days of the judgment if a party believes a legal error occurred. Appeals to the Texas Courts of Appeals must also be initiated within strict deadlines. Understanding what the decree says—and what it does not say—is critical. If you would like to better understand how evidence presented during the case influences final outcomes, our article on what discovery shows in a Texas divorce provides helpful insight into how financial and parenting evidence shapes court decisions. You may also find our broader Texas divorce process resource center valuable as you navigate the next phase of your life.

At The Law Office of Bryan Fagan, PLLC, we recognize that the final decree can feel both relieving and overwhelming. Our mission is to educate families and protect futures, ensuring that when the court process concludes, you leave with clarity rather than confusion. By grounding every step in the most current provisions of the Texas Family Code and approaching each case with compassion and precision, our legal team helps clients move forward with confidence, stability, and peace of mind.

Timeline Expectations for a Contested Texas Divorce

Under Texas Family Code §6.702, no divorce can be finalized until at least 60 days after filing—plus one day. This establishes the absolute minimum timeline.

Realistically, contested divorces take significantly longer:

• Simple contested cases: 6-9 months
• Moderate complexity (children, average assets): 9-12 months
• Complex cases (business valuation, high-conflict custody): 12-18 months or over a year
• Cases with appeals: 2+ years

Factors affecting duration include asset complexity, cooperation levels between parties, court availability and backlogs, and whether discovery disputes or motion practice slow progress.

Plan for a time consuming process and adjust your expectations accordingly. Rushing rarely serves your long-term interests.

Common Mistakes in Contested Texas Divorces

Avoid these pitfalls that can damage your case:

Emotional escalation: Badmouthing your spouse to children or on social media can harm custody claims. Judges notice when one party escalates conflict unnecessarily.

Hiding assets: Financial dishonesty invites court sanctions and can result in a disproportionate property division favoring your spouse.

Missing deadlines: Failing to file your answer within 20 days, missing discovery deadlines, or ignoring court orders creates serious consequences including default judgment.

Poor documentation: Inadequate financial records or failure to preserve evidence during evidence gathering weakens your position at trial.

Underpreparing for temporary orders: Many people underestimate this hearing’s importance, leading to unfavorable interim arrangements that persist.

Skipping mediation preparation: Arriving at mediation without clear settlement goals wastes an opportunity to resolve issues favorably before incurring trial costs.

How a Texas Divorce Attorney Guides a Contested Case

A skilled family law attorney provides strategic guidance through each step:

• Case planning: Developing a strategic approach from filing through potential trial
• Evidence development: Coordinating discovery to build the strongest possible case
• Negotiation positioning: Knowing when to push for favorable terms and when settlement serves your interests
• Trial advocacy: Presenting evidence effectively and applying Texas law to your facts
• Long-term protection: Ensuring custody arrangements and property division serve your future, not just immediate needs

Self-representation in contested divorces is legally permitted but practically challenging. The complexity of court rules, evidence requirements, and substantive Texas law creates significant risks of procedural errors that experienced representation avoids.

Why Choose The Law Office of Bryan Fagan, PLLC

For families searching What are the Steps of a Contested Texas Divorce, experience and preparation make all the difference. At The Law Office of Bryan Fagan, PLLC, our legal team has represented clients across Texas in complex contested divorces involving custody disputes, high-value property division, and intricate financial discovery. We approach every case with a commitment to educating families and protecting futures, ensuring that each step is guided by both compassion and a firm command of the Texas Family Code.

Our attorneys bring strong courtroom advocacy developed through years of litigation in Texas district courts. When conservatorship and possession are contested, we focus on the “best interest of the child” standard under Texas Family Code §153.002 and carefully analyze the rights and duties outlined in §153.134. In property disputes, we apply §7.001’s requirement that community property be divided in a “just and right” manner, while thoroughly evaluating separate property claims and reimbursement issues. Child support is calculated in accordance with §154.125, including the current net resource cap of $11,700, ensuring financial determinations reflect the latest statutory updates.

Strategic preparation is especially critical during discovery, where transparency and evidence shape the outcome of negotiations and trial. Our firm carefully analyzes financial records, business interests, and digital assets to ensure nothing is overlooked. If you would like to better understand what information may be requested during this stage, our in-depth guide on what is included in discovery in a Texas divorce provides helpful insight into the documents and disclosures commonly required. Thorough discovery strengthens settlement leverage and protects your rights in court.

Beyond technical knowledge, our Houston-based family law team understands the emotional weight of a contested divorce. Litigation can be draining, particularly when children, long-term financial security, and deeply personal issues are involved. Our role is to simplify complex legal procedures, provide clear guidance grounded in current law, and advocate decisively when court intervention is necessary. For additional guidance on navigating contested proceedings, you may also find our Texas divorce process resource center helpful as you evaluate your next steps.

Throughout Texas, families turn to our firm not only for legal skill but for steady leadership during uncertain times. By combining strategic litigation experience with compassionate counsel, we help clients move through contested divorce with clarity, confidence, and a plan designed to protect what matters most.

Checklist: What Are the Steps of a Contested Texas Divorce

Use this preparation checklist as your case progresses:

• [ ] Gather financial documents: tax returns, bank statements, retirement accounts, property deeds, and debt records
• [ ] Document your current custody arrangement and children’s schedules
• [ ] Prepare for your temporary orders hearing with specific requests and supporting evidence
• [ ] Respond to all discovery requests completely and by deadline
• [ ] Identify witnesses who can support your custody or property positions
• [ ] Develop clear settlement goals before mediation
• [ ] Organize trial exhibits and prepare testimony with your attorney
• [ ] Review the proposed final decree carefully before signing

Conclusion

Divorce may begin with uncertainty, but it does not have to end in confusion. When you understand the steps of a contested Texas divorce, the process becomes less intimidating and far more manageable. Knowledge replaces guesswork. Strategy replaces fear. And most importantly, you begin making decisions from a place of clarity rather than emotion.

At The Law Office of Bryan Fagan, PLLC, we believe families deserve more than just legal representation—they deserve guidance, education, and steady leadership during one of life’s most difficult transitions. Bryan Joseph Fagan built this firm on the principle that protecting your future starts with empowering you to understand your options. Whether your case involves custody disputes, complex property division, or simply high conflict, having an experienced Texas Family Law Attorney by your side can help you move forward with confidence instead of anxiety.

If you are facing a contested divorce, take the next step with intention. Ask questions. Gather information. Schedule a consultation. Even one focused conversation about your rights and strategy can bring an enormous sense of relief. You may not have chosen this chapter, but you can choose how you walk through it.

And here’s something worth remembering: the end of a marriage is not the end of your story. It is the beginning of a new structure for your life—one that, with the right guidance, can offer stability, peace of mind, and a future that still holds possibility. When you’re ready to talk, we’re here to listen.