Denton Contested Divorce Lawyer | Schedule a Consultation

A contested divorce in Denton County means you and your spouse cannot agree on major issues, and a judge will may have to decide those issues for you. That outcome will shape your finances, your custody arrangement, and your daily life for years. You need an attorney who knows how to fight for the right result in Denton County’s courtrooms before a judge makes that decision for you.

Experienced Denton Contested Divorce Lawyers

Varghese Summersett’s Family Law Division is led by Partner Turner Thornton, a licensed mediator and formidable litigator recognized by Best Lawyers in America for Family Law. He has guided hundreds of individuals and families through divorce, custody battles, and complex property matters in North Texas courts.

Also on the team are Partners Craig Jackson and Dena L. Wilson, the most seasoned family law attorneys in the firm. With more than 20 years of experience handling high-net-worth divorces, contentious custody disputes, and intricate property divisions, they are skilled in cases that require sharp legal thinking and creative problem-solving.

The firm as a whole employs more than 70 people across four Texas offices, with Denton County clients served from the firm’s Southlake location. Together, the team brings deep trial experience, strategic insight, and a commitment to guiding clients through some of life’s most challenging legal disputes.

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What Makes a Divorce “Contested”?

A divorce becomes contested when spouses cannot agree on at least one significant issue. The disagreement doesn’t have to be about everything. A couple might agree on custody but fight bitterly over who keeps the family home. Or they may agree on property but disagree over whether fault grounds exist that should affect the outcome.

Common contested issues in Denton County divorces include:

• Division of the marital home, retirement accounts, and investment portfolios
• Who has the right to make decisions for the children (conservatorship)
• The primary possession schedule and where the children will primarily live
• Spousal maintenance (what Texas calls alimony)
• Division of a business or professional practice
• Allegations of fault, including adultery or cruelty
• Hidden or dissipated assets

If you and your spouse cannot resolve these issues through negotiation or mediation, your case will go to trial in front of a Denton County district court judge. Learn more about how contested and uncontested divorces compare in Texas before deciding how to proceed.

The Legal Framework for a Contested Divorce in Texas

Texas divorce law is primarily governed by the Texas Family Code. Understanding the legal foundation of your case helps you make better decisions from day one.

Grounds for Divorce

Under Texas Family Code § 6.001, either spouse may seek divorce based on insupportability, meaning the marriage has become insupportable because of discord or conflict of personalities. This is Texas’s no-fault ground. No one has to prove wrongdoing, and there is no burden of proof for the petitioning spouse beyond showing that the conflict has destroyed the legitimate purposes of the marriage.

Texas also allows fault-based grounds, including:

• Cruelty (FC § 6.002): One spouse treated the other in a way that made living together insupportable.
• Adultery (FC § 6.003): One spouse voluntarily had sexual intercourse with another person during the marriage.
• Felony conviction (FC § 6.004): One spouse was convicted of a felony and imprisoned for at least one year.
• Abandonment (FC § 6.005): One spouse left with the intention of abandonment and remained away for at least one year.

When a spouse pursues fault-based grounds, they bear the burden of proving those grounds by a preponderance of the evidence, meaning more likely true than not. Proving fault can directly affect how the court divides marital property.

Property Division: The “Just and Right” Standard

Under Texas Family Code § 7.001, a court must divide the marital estate in a manner that is “just and right” after considering all relevant circumstances. This does not mean 50/50. A court can award a larger share to one spouse based on fault in the breakup of the marriage, the relative earning capacity of each spouse, the needs of the children, and other factors.

Separate property, meaning assets owned before marriage or received as gifts or inheritance during the marriage, is not subject to division. Proving that something is separate property requires clear and convincing evidence. Without strong documentation, the court presumes that all property acquired during the marriage is community property.

Child Custody: The Best Interest Standard

When children are involved, the court’s primary concern is their best interest under Texas Family Code § 153.002. The statute creates a rebuttable presumption under FC § 153.131 that appointing both parents as joint managing conservators is in the child’s best interest. A parent seeking sole managing conservatorship must overcome that presumption by a preponderance of the evidence.

The petitioning spouse bears the burden of establishing what arrangement serves the child’s best interest. The responding spouse may present evidence showing their own fitness and the value of maintaining maximum involvement of both parents. The court weighs factors including each parent’s emotional stability, history of involvement, ability to prioritize the child’s needs, and the child’s own preferences if the child is of sufficient age and maturity.

What a Denton County Judge Will Consider

Judges in the Denton County family courts consider a wide range of factors when deciding contested issues. Property division factors include the length of the marriage, the education and earning capacity of each spouse, each party’s age and health, tax consequences, and any fault in the breakup of the marriage.

On the custody side, courts in Denton look at:

• Each parent’s demonstrated commitment to the child’s daily needs
• The stability of each parent’s home environment
• Each parent’s ability to cooperate with the other in co-parenting
• Any history of family violence, substance abuse, or neglect
• The child’s relationships with siblings and extended family
• The child’s adjustment to home, school, and community
• Each parent’s willingness to support the child’s relationship with the other parent

A judge will also consider spousal maintenance, which is available under limited circumstances in Texas, typically when a spouse lacks sufficient property to meet minimum reasonable needs and is disabled, caring for a disabled child, or was married for at least 10 years and lacks the ability to earn sufficient income.

Possible Outcomes in a Contested Denton Divorce

Most contested divorces in Texas do not actually go to trial. Many are resolved through negotiation between attorneys or mediation before the case reaches the courthouse steps. But not every case settles, and when it doesn’t, the outcome is decided entirely by a judge.

Denton County family courts require most cases to attempt mediation before trial. Mediation is a structured process where a neutral third party helps both sides find common ground. It is confidential, and any agreement reached becomes binding when signed. Attorneys Turner Thornton and Craig Jackson are both also trained mediators, which gives the firm a deep understanding of how that process works and how to use it strategically.

When mediation fails or is not appropriate, such as in cases involving family violence or extreme power imbalances, the case proceeds to trial. A bench trial (decided by a judge) is standard in Texas family cases. The judge hears testimony, reviews evidence, and issues a final decree of divorce that resolves all contested issues.

Outcomes in contested divorces vary significantly based on the strength of each party’s evidence, the credibility of witnesses, and the skill of each attorney at presenting their client’s case. Property divisions can range from nearly equal splits to awards of 60, 70, or even more percent to one spouse if fault or other compelling factors exist. Custody arrangements range from equal possession schedules to sole managing conservatorship with supervised visitation for the other parent.

The Legal Process: What to Expect

A contested divorce in Denton County typically unfolds in these stages:

1. Filing and service: One spouse files an Original Petition for Divorce in Denton County District Court. The other spouse must be formally served and has until their answer date to file a response. Either spouse must have lived in Texas for at least six months and in Denton County for at least 90 days before filing.
2. Temporary orders: In contested cases, the court often enters temporary orders early in the case to establish ground rules while the divorce is pending. These orders address who stays in the marital home, a temporary custody and possession schedule, who pays what bills, and whether either spouse receives temporary spousal support. Temporary orders hearings can be contentious and set the tone for the rest of the case. Learn more about temporary orders in Texas.
3. Discovery: Both parties exchange financial documents, interrogatories, requests for production, and depositions. This phase can last weeks or months, depending on the complexity of the marital estate. Thorough discovery is critical in cases involving business assets, hidden accounts, or disagreements over what is separate versus community property.
4. Mediation: Denton County courts require mediation before most contested trials. If mediation produces a full agreement, the case ends with a mediated settlement agreement that cannot be revoked by either party.
5. Trial: If mediation does not resolve the case, the court sets a trial date. The judge hears opening statements, witness testimony, and closing arguments. Evidence such as financial records, text messages, social media posts, and expert valuations may all be introduced. The judge then issues a ruling.
6. Final Decree of Divorce: Texas has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized, even in contested cases. After the judge rules, the final decree is drafted and signed. The divorce is effective immediately upon signing.

The total timeline for a contested Denton County divorce typically ranges from six months to two or more years, depending on how many issues are disputed and how quickly the court’s docket moves.

Protecting Your Interests from the Start

In a contested divorce, the decisions made in the first days and weeks of the case often shape the final outcome. Here is what matters most:

Preserve evidence early. Text messages, emails, financial records, and social media posts can all become evidence. Once a case begins, documents can disappear. Your attorney can advise you on what to preserve and how to do it legally.

Do not move assets. Dissipating or hiding community assets before or during a divorce can result in the court awarding the other spouse a disproportionately larger share of what remains. Courts in Texas take a dim view of financial misconduct during the divorce process.

Understand the difference between separate and community property. If you owned property before the marriage or received a gift or inheritance, it may be yours alone, but proving it requires documentation. Gather account statements, deeds, and records going back to the date of marriage and before. Our Denton County property division attorneys can help you trace and protect separate property claims.

Think carefully about temporary orders. Judges frequently maintain the status quo established in temporary orders when making final decisions. The parent who has primary possession of the children during the divorce often continues to have it after. The same is true for the family home. Getting the right result at the temporary orders stage is not a formality.

Consider the effect on children. Contested custody battles are hard on children. Courts are acutely aware of this. Parents who demonstrate that they put the child first, cooperate with the other parent where possible, and avoid using the child as a messenger or weapon tend to fare better in Denton County custody proceedings.

If you have been served with divorce papers and are not sure what to do next, read our guide on what to do after being served with divorce papers.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to handle your Denton contested divorce, you get a full team, not just one attorney. Our Family Law Division brings together partners with decades of courtroom experience, associates trained in complex litigation, and paralegals who know courts and processes inside and out.

We take the time to understand what matters most to you. For some clients, that is keeping the family home. For others, it is maximizing time with their children or protecting a business they have spent years building. We build strategy around your priorities, not a one-size-fits-all approach.

Our attorneys are also skilled negotiators. We pursue fair settlements when they are available because litigation is expensive and emotionally draining. But we do not pressure clients into bad agreements. When the other side will not negotiate reasonably, we go to court, and we are ready to do so.

You will hear from us. You will know where your case stands. And you will have attorneys who are genuinely invested in protecting your future. To speak with a member of our team, call (940) 252-2220 or reach out through our website.

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Watch: What to Do If Your Spouse Won’t Agree to Divorce

Our family law attorneys explain your options when the other side refuses to cooperate or won’t come to the table in good faith.

Frequently Asked Questions About Contested Divorce in Denton County

Can my spouse prevent me from getting a divorce in Texas?

No. Texas law does not require both spouses to agree to a divorce. If your spouse refuses to participate or does not respond after being served, the court can enter a default judgment granting the divorce. A contested divorce can proceed over your spouse’s objection, and the court will still divide property and address custody without the other party’s cooperation.

How long does a contested divorce take in Denton County?

Texas requires a 60-day waiting period after filing before a divorce can be finalized. Beyond that, the timeline depends on the number and complexity of contested issues, how quickly both parties exchange information, and the court’s docket. Contested divorces in Denton County commonly take six months to over two years. Cases involving businesses, hidden assets, or highly disputed custody tend to take longer.

Will fault affect how the judge divides our property?

Yes, it can. Under Texas Family Code § 7.001, the court may consider fault in the breakup of the marriage when dividing the marital estate. If you can prove adultery or cruelty by a preponderance of the evidence, a judge may award you a disproportionate share of community property. However, proving fault also adds time, cost, and emotional strain to the process. Your attorney can help you weigh whether pursuing fault grounds is worth it in your specific situation.

What happens to my retirement accounts in a contested divorce?

Retirement accounts accumulated during the marriage are generally community property subject to division. The portion earned before the marriage is typically separate property. Dividing retirement accounts often requires a Qualified Domestic Relations Order (QDRO), a specific court order that tells the plan administrator how to split the account. Our team handles QDROs as part of contested divorce representation.

Do I have to go to court if I have a contested divorce?

Not necessarily. Most contested divorces settle before trial, often through mediation. Even when significant disagreements exist at the start, a skilled attorney can frequently negotiate an agreement that avoids the uncertainty and expense of a trial. That said, some cases do not settle, and when yours requires trial, you want an attorney who is a proven courtroom advocate, not one who avoids the courthouse.

Talk to a Denton Contested Divorce Lawyer Today

A contested divorce puts your finances, your children, and your future in front of a judge. The outcome depends heavily on the quality of your legal representation. Varghese Summersett’s Family Law Division has the depth, experience, and trial-readiness to protect what matters most to you in Denton County’s courts.

Reach our Denton office at (940) 252-2220 to speak with a member of our team and get a clear picture of where you stand.