The dissolution of a marriage is never easy, and, unfortunately, soon to be divorcees hardly ever see eye to eye when it comes to issues and assets surrounding their divorce. In these instances, you are likely to undergo a contested divorce and will need to present valid evidence to reach your goals of property division, child support, and other important issues.
Of course, understanding what type of evidence you need to secure, how to properly leverage it, and all the other various details surrounding your divorce can be difficult to sort on your own. That’s why it’s critical to have an experienced and dependable Houston divorce lawyer on your side who can help you best understand your situation and secure the results you are seeking.
What is a Contested Divorce in Texas?
A contested divorce means that spouses do not agree on the terms of the divorce, and thus must go through the entire divorce process to have a judge deliver a final decision. Issues may arise in the terms of child custody, child support, property division, business asset division, and other highly contested areas.
If you are undergoing a contested divorce, you’ll need to speak with a Texas divorce lawyer immediately to improve your chances of securing the outcome you want.
What is Considered Evidence in a Contested Divorce in Texas?
There are two forms of evidence that can prove to be essential in a contested divorce in Texas, which include:
- Written evidence: This form of evidence includes any type of documentation, including hand written, typed, or electronic. Written evidence is generally provided to a divorce attorney before the divorce begins but may also emerge during the discovery process, including interrogatories and requests.
- Oral evidence: This form of evidence includes oral evidence such as testimony from experts, witnesses, either spouse, or other parties who are required to deliver a statement. Statements made in deposition are also considered to be oral evidence, even though they are transcripted onto paper.
Why Do I Need Evidence in a Contest Divorce?
Divorcees need evidence to leverage their demands during negotiations. Evidence can help to sway a judge into making a decision that better reflects your needs or can be used to help you and your spouse reach a mutual agreement on a highly-debated issue.
When your contested divorce has to go through the entire divorce process including hearing or final trial, the evidence will be viewed in respect to Texas laws and used to enter a ruling.
What Issues Can Evidence Help to Resolve?
Evidence can play an important role in a wide range of issues in your contested divorce including:
- Business asset division: For high-net-worth individuals, business assets can make up a substantial amount of their value. Of course, retaining the rights to these assets is understandably important for these individuals, and so evidence can prove to be a key determining factor in a court’s ruling. Because, oftentimes, business assets may have been established prior to the marriage, wealthy business owners should deserve to retain a greater portion of the assets they helped to build.
- Property division: Property is generally considered community property (owned by both spouses) if the assets were acquired during the marriage. In these instances, the assets should be divided in fairness. Property acquired prior to the marriage, such as inheritances, should generally belong to the respective spouse.
- Child custody and support: The various components that go into determining child custody and support can be greatly affected by evidence, especially financial evidence that can affect the monetary support a spouse is required to provide.
- Spousal support: Similar to child support, evidence will be used to determine how much financial support a spouse may be entitled to.
Houston Divorce Attorneys Ready to Guide You
Understanding what evidence you need, how to secure it, as well as how to properly leverage it are all essential for securing a positive outcome in your high-conflict divorce.
The Houston divorce attorneys for high-net-worth individuals at the Law Offices of Douglas Ray York, P.C., are ready to help you get through this challenging time in your life and protect your rights to your assets.