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Contested Divorce Attorney in Texas — Property, Alimony, Custody and Trial

By the American Counsel legal team · Updated October 2026

A contested divorce is stressful, but preparation changes the outcome. This guide from a contested divorce attorney in Texas perspective explains how contested cases work, what drives the cost, and where fixed-fee help saves money.

Texas is an community property state, divided in a manner that is "just and right". In addition, Texas limits court-ordered spousal maintenance, generally to marriages of ten years or more, capped at the lesser of $5,000 a month or 20% of the payor's income. Consequently, strategy and evidence matter from the first day.

Our attorneys provide consultations, responses, discovery documents and settlement agreements for contested divorces across Texas, entirely online.

What makes a divorce contested in Texas?

A divorce is contested when spouses disagree on at least one issue, such as property, debts, support or custody. Disputes often center on the home, retirement accounts or the children.

Contested does not mean a trial is certain. In fact, most contested Texas cases settle after discovery and mediation. Consequently, the goal is usually a fair settlement built on solid evidence. A contested divorce consultation maps your realistic outcomes.

The stages of a contested divorce in Texas

First, one spouse files and serves the petition or complaint. Next, the other spouse files a response, often with counterclaims. Our response to divorce petition service makes sure that first filing is complete and on time.

Then both spouses exchange financial information. In Texas, that usually includes a sworn Inventory and Appraisement. After that come discovery, temporary orders, mediation and, if needed, trial before the District Court, such as the Harris County Family Law Center in Houston.

Deadlines matter

Each stage has deadlines. For example, ignoring discovery can lead to facts being deemed admitted. Therefore, track every date carefully.

Property division in a contested Texas divorce

Texas is an community property state, divided in a manner that is "just and right". Separate property, such as assets owned before marriage, gifts and inheritances, is generally treated differently. However, mixing separate and marital funds can blur the line.

Disputes often involve the home, retirement accounts and businesses. For example, a business may need a professional valuation. Similarly, retirement accounts usually require a QDRO. A property division consultation helps you decide which assets are worth fighting over.

Alimony and spousal support in Texas

Texas limits court-ordered spousal maintenance, generally to marriages of ten years or more, capped at the lesser of $5,000 a month or 20% of the payor's income. Consequently, tax returns and pay records matter a great deal.

Temporary support during the case can also shape the final result. Therefore, prepare carefully for any temporary hearing. For more detail, read our guide to child and spousal support.

Custody disputes in Texas

Custody is decided on the child's best interests. Texas courts commonly require mediation before a contested final trial. Evidence of day-to-day parenting carries real weight.

Bring a specific proposal. Our parenting plan service drafts detailed schedules. In addition, read our guide to child custody disputes to prepare for hearings.

Discovery: finding the real numbers in Texas

Discovery is how you see the full financial picture. The main tools are interrogatories, requests for production, requests for admission and depositions. Consequently, discovery often decides the outcome.

Our Interrogatories and Requests for Production services prepare targeted discovery at fixed prices. If you suspect hidden assets, an asset search checks public records too.

Mediation and settlement in Texas

Texas courts commonly require mediation before a contested final trial. A neutral mediator helps both sides find common ground. In fact, many contested cases settle in a single long session.

Preparation is everything. Know your numbers, your priorities and your walk-away point. Once you agree, the terms must be written precisely. Our Marital Settlement Agreement service turns mediated terms into an enforceable agreement.

Preparing for trial in Texas

If settlement fails, the case goes to trial before the District Court, such as the Harris County Family Law Center in Houston. Family trials are usually decided by a judge. Each side presents witnesses, documents and, sometimes, experts.

Pretrial motions often shape the trial. Our motion preparation service drafts them at a fixed price. Similarly, our trial exhibit list service organizes your evidence. Even so, settlement talks often continue right up to trial.

What a contested divorce costs in Texas

Contested divorces are usually billed hourly, so costs depend on how many issues are disputed and how far the case goes. Discovery and trial preparation drive most of the cost.

Fixed-fee documents reduce that cost. For example, discovery requests, motions and settlement agreements can be ordered at set prices. As a result, your trial attorney's hours go where they matter most. For a national overview, read our contested divorce litigation guide.

Temporary orders while a Texas case is pending

A contested case can take months. Meanwhile, someone has to pay the mortgage, and the children need a schedule. Therefore, either spouse can ask the District Court, such as the Harris County Family Law Center in Houston for temporary orders.

Temporary orders can cover custody, child support, spousal support, use of the home and payment of debts. In addition, many courts issue standing orders that stop both spouses from hiding assets or cancelling insurance. Consequently, a strong temporary hearing can set the tone for the whole case.

Bring a clear budget, recent pay records and a proposed parenting schedule. Similarly, gather proof of who has handled the children's daily care. Our motion preparation service drafts requests for temporary relief at a fixed price.

How fixed-fee help works for a Texas contested divorce

You do not have to buy every hour of a lawyer's time to get strong documents. Instead, you can order the specific pieces you need. For example, many clients start with a contested divorce consultation to set a strategy.

After that, you can order discovery, motions or a settlement agreement as the case moves forward. Each one has a set price, so you know the cost before work begins. Furthermore, everything happens online, so you can work from anywhere in Texas.

Some clients use us alongside a local attorney who handles court appearances. Either way, browse our family law services to see what fits your case.

Protecting yourself during a Texas divorce

Several practical steps protect you. First, keep copies of financial records, such as tax returns, bank statements and retirement statements. Next, avoid moving or hiding money, which can backfire badly in court.

In addition, keep communication with your spouse calm and in writing. Avoid posting about the case on social media, because it often becomes evidence. Finally, put the children first. Judges notice parents who shield children from conflict.

Our Contested Divorce services in Texas

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Texas. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Contested divorce consultation in Texas

A confidential 45–60 minute phone or video consultation with a licensed US attorney about a contested divorce. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Contested divorce consultation — $399 See what's included →

Response to Divorce Petition in Texas

Your formal response to a divorce petition, filed before the deadline, setting out what you agree with and what you contest.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Response to Divorce Petition — $400 See what's included →

Property-division consultation in Texas

A confidential 45–60 minute phone or video consultation with a licensed US attorney about dividing property and debts in a divorce. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Property-division consultation — $399 See what's included →

Interrogatories in Texas

A set of written interrogatories to the other party, tailored to the claims and defenses in your case.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Interrogatories — $180 See what's included →

Requests for Production of Documents in Texas

Requests for production targeting the documents and electronic records you need from the other side.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Requests for Production of Documents — $180 See what's included →

Motion / Response Preparation (Self-Represented) in Texas

Draft motions and oppositions for pro se litigants in state court.

Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Motion / Response Preparation (Self-Represented) — from $149 See what's included →

Marital Settlement Agreement (MSA) in Texas

A marital settlement agreement recording how property, debts, support and parenting are resolved, ready to submit with your divorce.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Marital Settlement Agreement (MSA) — $700 See what's included →

Contested Divorce across Texas — cities we serve

We work with clients in every part of Texas, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Texas law and your county's local practice. Choose your city below to see local details and prices.

More Texas services

Response to Divorce Petition in Texas · Property-division consultation in Texas · Interrogatories in Texas · Requests for Production of Documents in Texas · Motion / Response Preparation (Self-Represented) in Texas · Marital Settlement Agreement (MSA) in Texas. See all legal services in Texas.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Contested divorce consultation in Oklahoma, Contested divorce consultation in Louisiana, Contested divorce consultation in New Mexico, Contested divorce consultation in Arkansas. See every location we cover.

Frequently asked questions

How long does a contested divorce take in Texas?

Many contested divorces take six months to two years, depending on the issues, discovery and the court's schedule. Early, complete financial disclosure speeds settlement.

How is property divided in a contested Texas divorce?

Texas is an community property state, divided in a manner that is "just and right". Separate property, such as premarital assets and inheritances, is generally treated differently.

How is alimony decided in Texas?

Texas limits court-ordered spousal maintenance, generally to marriages of ten years or more, capped at the lesser of $5,000 a month or 20% of the payor's income.

Is mediation required in Texas?

Texas courts commonly require mediation before a contested final trial.

Do you help with contested divorces in Texas?

Yes. We provide consultations, responses, discovery documents, motions and settlement agreements for contested divorces throughout Texas.

Contact American Counsel

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✉ Email: support@american-counsel.com
🌐 Service area: online across all 50 US states and Washington, D.C.
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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.

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