Protecting What Matters Most

A contested divorce in Austin is a complex legal battle where spouses disagree on important divorce details. The stakes can be high, and the issues that cause the dispute vary – from contesting the grounds for divorce to disagreements over settlement terms. Maybe you’re struggling with a challenging situation involving abuse, adultery, or even abandonment, and you’re unsure where to turn.The timeline for contested divorces in Austin can vary widely, influenced by the intricacy of the case, the extent of disagreement between spouses, and even court caseloads. Maintaining transparency and fairness throughout is crucial because failing to do so could lead to repercussions such as financial sanctions or an unequal division of assets. Learn More about Divorce Law in Texas.
There are two primary scenarios in contested divorces:
Whatever the case may be, contested divorces can take many months to resolve, and even years in some cases. It is not advised to attempt these proceedings on your own. Our lawyers are extremely knowledgeable on contested divorces, and they have years of experience in representing parties on both sides of the table. Our attorneys strive to reach a result that is satisfactory to our clients while attempting to reduce the stress and burden that come along with the process.

The discovery phase in a contested divorce is when both parties gather and share important information like financial records and parenting plans. It’s like putting together a puzzle, where every detail helps to complete the overall picture of each person’s situation.Managing this phase effectively requires the help of an experienced contested divorce attorney. They ensure thorough preparation and protection of your rights, sifting through documents and testimonies to present a compelling case. Their role is to present the puzzle pieces in the best way possible, ensuring a clear and comprehensive picture emerges.
The negotiation process in a contested divorce can be very intense, with both sides passionately advocating for their interests. Yet, an experienced Austin contested divorce attorney can turn these tense negotiations into opportunities for peaceful agreement. They skillfully handle the delicate issues of dividing assets, deciding on child custody, and arranging parenting time.Engaging in alternative dispute resolution methods, such as mediation and negotiation, can lead to a divorce settlement without the need for a trial, saving time, money, and emotional energy for all parties involved. At Evans Family La, our attorney’s negotiation style is tailored to the situation, ranging from cooperative to assertive, always striving to protect client interests while aiming for a fair resolution.
While mediation can often lead to amicable resolutions, it’s not always successful. When this alternative path reaches an impasse, the contested divorce will go to trial. This phase can be overwhelming, but with the right legal representation, you can step into the courtroom with confidence. The Evans Family Law Group brings to the table the invaluable experience of thousands of trials, ensuring that your rights and interests are not just represented, but fiercely advocated for. Our seasoned trial experience makes a significant difference in effectively presenting and defending your case.
Child custody arrangements in contested divorces can be very emotional. The court focuses on the best interests of the child, taking into account factors such as the child’s emotional and physical well-being. The court assesses each parent’s ability to provide a stable environment and closely examines the child’s needs to establish appropriate custody arrangements. But how do you ensure your parental rights are protected during this process?At Evans Family Law Group, our experienced Austin contested divorce lawyers are committed to advocating for your parental rights while focusing on the child’s best interests. We understand the intricacies of child custody negotiations and bring a wealth of experience to the table in cases of joint custody, sole custody, or situations involving mental health or domestic violence concerns. Our firm has a proven track record of handling a wide array of child custody cases with the utmost professionalism and care.

It allows for the division of a retirement plan or pension plan by recognizing joint marital ownership interests in the plan, specifically the non-employee spouse’s right to a portion of the assets. For instance, if one spouse has a 401(k) account, a QDRO may be used to grant the other spouse the right to a part of the account’s funds without the penalties that typically accompany early withdrawal. This legal mechanism ensures that both parties receive their fair share of retirement assets accumulated during the marriage.In regards to division of assets and debts, a knowledgeable attorney can help with:
Especially in high-asset and high-net-worth divorce cases, the role of a seasoned attorney is critical in managing complex property divisions and providing meticulous documentation during the discovery process.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions
Contested divorces often bring significant emotional stress due to financial strain and uncertainty about the future. Legal representation can help manage these conflicts effectively, providing a safety net of emotional support. An experienced attorney can alleviate these stresses, guiding you through the process with empathy and understanding.In addition to emotional support, legal representation can also provide financial advantages. The process can be expedited, potentially reducing the average cost range for contested divorces in Texas, and saving clients time and money. We understand the financial concerns that come with legal proceedings, particularly in contested divorces. That’s why we’re committed to providing our clients with exceptional legal services without unnecessary expenses. Our dedication to honesty and clear communication ensures that clients receive a comprehensive understanding of costs upfront, fostering an environment where amicable solutions are more easily attained.
During a contested divorce,Our attorneys stand as a pillar of strength and clarity. Our approach is characterized by:
Our clients have consistently praised the attorneys at Evans Family Law Group as adept and proficient advocates. Established in 2009, our team has earned the trust of countless Texas families, steering them through the difficulties of contested divorces with a commitment to achieving harmonious resolutions and upholding our record of success.Secure your future with the guidance of the Evans Family Law Group. Our seasoned attorneys have the support, dedication, and aggressive advocacy to fight for your rights and achieve the best possible outcome for your case. Whether you require a firm hand in litigation or a compassionate approach to amicable resolution, we are as aggressive as you need us to be and as amiable as you need us to be. Take the first step towards gaining control of your situation and call us today at 5126282550. Let us advocate for you, ensuring that your voice is heard and your interests are protected every step of the way.“All divorces are tough, but mine was one for the record books. It was a 9-year battle with an estranged spouse that was dishonest, manipulative, and unethical. In the early years of the conflict, I had two attorneys who made some big mistakes. Thankfully, when my case became most dire, I found Jimmy Evans. Jimmy brings a level of integrity, strategy, and honesty that is extremely rare in the legal profession. He fought for me fiercely over the course of two years to protect my assets as well as my children. Ultimately, we prevailed on both fronts, especially in a precedent-setting custody battle even in the face of some pretty bad odds. I hope you never find yourself in a bitter divorce dogfight, but if you do, your first call should be to Jimmy Evans.” – Cheri Bergeron (see review on Google Maps)
Client Reviews
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
In Texas, an uncontested divorce is a more straightforward process where both parties agree on all significant aspects of the divorce, such as asset division, child custody, and support arrangements, thereby avoiding a trial. Conversely, a contested divorce occurs when spouses cannot find common ground on one or more key issues, necessitating court intervention to resolve the disputes. The contested divorce process can be lengthy and emotionally taxing as it often involves negotiations, mediation, and potentially a trial.
The process of a contested divorce in Texas begins when one spouse files a divorce petition with the court, which is then legally served to the other spouse. The receiving spouse has 20 days to file an official response, which sets the stage for the legal proceedings that follow. Throughout the process, both parties may engage in discovery, temporary order hearings, settlement negotiations, and if necessary, a trial to resolve their differences.
In contested divorces, child custody arrangements are determined by the court with a focus on the best interests of the child, which is the paramount consideration. The court examines various factors, including each parent’s living situation, the child’s relationship with each parent, and the child’s emotional and physical needs. Ultimately, the goal is to establish a custody arrangement that supports the child’s well-being and stability, which may result in joint or sole custody depending on the circumstances.
Yes, a contested divorce can be resolved without going to trial through methods such as mediation or collaborative law. These alternative dispute resolution methods allow both parties to negotiate terms with the help of their Austin contested divorce attorneys and, potentially, a neutral third-party mediator. The goal is to reach an agreement on all contested issues, which can then be formalized into a divorce decree without the need for a court trial.
If you suspect that your spouse is hiding assets during a contested divorce, it’s important to inform your attorney immediately. Your lawyer can employ various legal tools and procedures, such as the discovery process, to uncover hidden assets. This may involve subpoenas for financial records, depositions, and interrogatories. In some cases, a forensic accountant may be brought in to trace and evaluate complex financial dealings.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.