A contested divorce is any divorce in which the spouses cannot agree on one or more issues. For families in New Braunfels and across Comal County, the disagreement might be about who keeps the house near the river, how to divide a retirement account built over two decades, or where the children will live during the school year. Whatever the issue, a contested case follows a more formal path, and having a divorce attorney who knows that path helps you make good decisions at each step.
“Contested” does not have to mean a courtroom battle. It means the court has work to do, and the process gives both sides the tools to reach a fair result.
Common Issues That Lead to a Contested Divorce
Disputes usually fall into a few categories:
- Children. Which parent has the exclusive right to designate the children’s primary residence, the possession schedule, geographic restrictions, and child support.
- Characterization of property. Whether something is community property or one spouse’s separate property. Texas presumes property owned at divorce is community, so a spouse claiming separate property must prove it by clear and convincing evidence.
- Division of the community estate. Texas courts divide community property in a “just and right” manner, which can be unequal when factors like fault, earning capacity, health or waste of community funds are present.
- Spousal maintenance or alimony. Whether a spouse qualifies for court-ordered maintenance and, if so, how much and for how long.
- Valuation. What a business, home or pension is actually worth.
Our pages on community property and spousal maintenance go deeper on the financial questions.
How a Contested Divorce Moves Through a Comal County Court
Every case is different, but most contested divorces filed with the Comal County district clerk, or in neighboring Guadalupe, Hays or Kendall counties, pass through similar stages.
1. Filing and service
One spouse files an Original Petition for Divorce. The other spouse must be formally served unless they voluntarily sign a waiver. The responding spouse then files an answer and may file a counterpetition asking for their own relief.
2. Temporary orders
A divorce can take months, and families need rules in the meantime. Temporary orders can decide who stays in the house, who pays which bills, a schedule for the children, and temporary child support. Some counties also have standing orders that automatically apply basic rules of conduct once a case is filed. Ask the district clerk whether one applies to your case.
3. Discovery
Discovery is the formal exchange of information. It can include:
- Sworn inventories listing all property and debts with values
- Requests for production of bank statements, tax returns, business records and retirement statements
- Interrogatories, which are written questions answered under oath
- Depositions, where a witness answers questions under oath in front of a court reporter
- Subpoenas to banks, employers or other third parties
Discovery can feel slow, but it protects you. You cannot negotiate a fair division of property you do not know about.
4. Experts and evaluations, when needed
Some cases call for help from outside professionals: a business valuator, a real estate appraiser, a forensic accountant to trace separate property, or a custody evaluator who makes recommendations about the children. Not every case needs these, and they add cost, so we discuss when they are worth it.
5. Mediation
Many Texas courts require or strongly encourage mediation before trial. A neutral mediator works with both sides, often in separate rooms, to find agreement. If the parties reach a deal, they sign a mediated settlement agreement. One that meets the requirements of Texas Family Code § 6.602 is binding and generally cannot be revoked later. Learn more on our page about divorce mediation.
6. Trial
If issues remain after mediation, the case is set for trial. Both sides present testimony, documents and witnesses. The judge decides most issues, though Texas allows a jury on certain questions. After trial, the court signs a final decree, and either side may have options to ask for a new trial or appeal within strict deadlines.
How Long and How Much?
A contested divorce takes longer and costs more than an agreed one, but the range is wide. A case with one disputed issue that settles in mediation looks very different from a case with a family business, out-of-state accounts and a custody evaluation.
Factors that drive time and cost include:
- How many issues are disputed
- How cooperative each side is in discovery
- Whether experts are needed
- How many hearings are required
- Whether the case settles or goes to trial
Our pages on the divorce timeline and the cost of divorce explain these factors in more detail.
Protecting Yourself During a Contested Divorce in New Braunfels
A few habits make a real difference:
- Keep your financial records organized. Download statements before you lose online access.
- Do not hide or move money. Courts take waste and concealment seriously, and it can affect the property division.
- Keep communication with your spouse civil and in writing. Texts and emails often become exhibits.
- Stay off social media about the case. Posts can be used in court.
- Put the children first. Do not discuss the case with them or ask them to carry messages. Judges notice which parent protects the children from the conflict.
- Follow every temporary order exactly. Violating an order can hurt your credibility and lead to enforcement.
When One Spouse Is Hiding Assets or Being Unreasonable
Sometimes a case is contested because one side is not being straightforward. Texas law gives the court tools to deal with this, including orders compelling discovery, sanctions, and a disproportionate division of property when a spouse has committed fraud on the community. Documenting what you know and raising it early gives the court the best chance to address it.
Contested Doesn’t Mean Hopeless
Many couples begin with strong disagreements and still resolve their divorce by agreement. Once both sides have the facts and understand how a judge is likely to view the issues, settlement often becomes realistic. Our approach is to prepare thoroughly, negotiate in good faith and be ready for trial if that is what it takes.
Talk With a New Braunfels Divorce Attorney
If your divorce is contested or likely to become contested, getting advice early can shape the outcome. New Braunfels Family Law represents clients in Comal County, Guadalupe County and nearby Hays and Kendall counties. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
What makes a divorce contested in Texas?
A divorce is contested whenever the spouses disagree on at least one issue the court must decide, such as property division, spousal maintenance, conservatorship, the possession schedule or child support. Even one unresolved issue keeps the case contested until it settles or a judge decides it.
Do most contested divorces go to trial?
No. Most contested cases settle, often in mediation, after both sides have exchanged information and understand the risks of trial. Preparing as though the case could go to trial is still important, because that preparation drives a fair settlement.
Can I get a jury trial in a Texas divorce?
Texas allows jury trials on certain issues in family cases, which is unusual compared with many states. Some questions, such as how property is ultimately divided, remain for the judge. Whether a jury makes sense depends on the issues and the cost involved.
How long does a contested divorce take in Comal County?
There is no fixed answer. Many contested cases take several months to a year, and complex cases with businesses, experts or custody evaluations can take longer. The court’s docket, the amount of discovery and the parties’ willingness to compromise all play a role.
Is a mediated settlement agreement binding?
Generally yes. A mediated settlement agreement that meets the requirements of Texas Family Code § 6.602, including the required signatures and a prominent statement that it is not subject to revocation, is binding, and a party is usually entitled to judgment on it.
Last reviewed November 13, 2026. General information only, not legal advice.