Contested Divorce 2017-08-17T02:45:02+00:00

Contested Divorce

A contested divorce in Houston occurs when the spouses cannot reach an agreement on one or more issues related to the divorce.

At the Law Office of Aaron Weinmann, PLLC you can be sure that your divorce proceedings are handled with care and quality service. We are located in Houston Texas and offers a no cost consultation that will put you at ease by answering your questions and formulating a plan for your divorce proceedings. Aaron Weinmann, Attorney at Law can help you in a variety of areas relating to your divorce, including child custody, child support, property division, division of debt, spousal support and more.

There are two types of divorces: contested or uncontested divorce. Let’s focus on the contested divorce for now.

A contested divorce occurs when a couple can’t agree on one or more issues related to the divorce. The process is often lengthy, but remains mostly on the parties involved and the circumstances of the case.


The process for divorce begins with scheduling your free consultation with the Law Office of Aaron Weinmann, PLLC by contacting us.  The time frame for a contested divorce is dependent upon the circumstances of the case. For an uncontested Houston divorce, the total time from filing to finalization could be as short as 61 days, the state mandated waiting period for a divorce.

During your consultation, you will receive detailed and personalized information regarding the process which is outlined below:


    Like an uncontested divorce, the process starts with the filing of a Petition with the County Clerk.  One party must have lived in Texas for at least six months and in the county of filing for at least ninety days.  Unlike an uncontested divorce, your spouse will not be given a waiver to sign in a contested divorce.  Instead they will be served with the documents and they will not need to sign. The other party will receive what is called a service of citation, which informs them that they have been served and of any impending hearings or trial dates. At this point, it is possible one party or the other will request certain restraining orders and ask that a temporary hearing be set to resolve issues while the divorce is pending.


    Temporary restraining orders are a standard in Texas divorce law because it keeps on party from making major decisions that aren’t agreed upon by a spouse regarding the children, property, or other aspects of the Temporary restraining order is not to be confused with a protective order and does not mean that a party has done wrong. Temporary restraining orders are often mutual and for the protecting of both parties, the children, and property of the parties.


    At the temporary orders hearing, the judge will address issues including possession and access to the children, child support, use of property, and payment of debts during the course of the divorce proceedings. The temporary orders are temporary and will ensure that each party will receive proper visitation, access to property, child support, and other items during the pendency of the divorce. It is common to have to attend mediation prior to temporary orders if custody is at issue.


    During this phase, parities typically learn the position of the other side concerning the division of property, child custody, establishing child support, value of the marital estate and more.


    Each party will attend a mediation with their attorney to negotiate an agreement in good faith. Settling in mediation will reduce stress and fees. Settling in mediation, instead of taking a contested divorce to trial, gives both parties an opportunity to have input on how child custody, property division, and all other issues are addressed. The parties will not have this type of control or the same ability to come to agreements during a trial.


    If the two cannot come to an agreement after the mediation process, their case will go to a judge who will decide child custody and property division. The Texas Family Cody says that a party is entitled to a trail before a jury when cases involve child custody, and characterization and valuation of property.

At the Law Office of Aaron Weinmann, PLLC the proceedings for your contested divorce don’t have to be expensive or stressful. Be sure to speak with an attorney at the practice to make sure your interests are protected throughout the process.


The Law Office of Aaron Weinmann, PLLC’s practice areas of law are geared toward supporting you and your family in a time of need. The practice focuses mainly on divorce, child support and estate planning. Based in Houston, Texas, our practice’s office is located at 917 Franklin Street in Houston and is open from 8:30 a.m. to 5:30 p.m. Monday to Friday. For more information, or to schedule a free consultation, you can contact us here or call 832-875-7309.