Texas law, explained
The short answer
A contested divorce in Texas is one where the spouses cannot agree on property, debts, custody or support, so a Dallas County judge, or a jury on some custody issues, decides what is left. Your spouse cannot stop the divorce or delay it forever, but conflict adds time and cost. John B. Polk prepares every contested case as if it will go to trial, uses temporary orders and discovery to protect you, and still looks for a settlement worth signing.
What happens when spouses cannot agree on anything
When spouses cannot agree, the case moves forward on the court's timeline and a judge decides the open issues. Nothing in Texas law requires your spouse's consent to a divorce. Under Texas Family Code § 6.001 a court can grant a divorce because the marriage has become insupportable, without proving fault.
A contested case usually runs through the same stages: a filed petition and service, temporary orders, discovery, mediation, and then a final trial if issues remain. The law sets a minimum: a judge cannot grant the divorce until at least 60 days after the petition was filed (Texas Family Code § 6.702), with narrow exceptions tied to family violence. There is no maximum.
A spouse who refuses to negotiate cannot freeze the case. If they do not respond after being served, the court can proceed without them. If they respond but stonewall, your lawyer can push the case toward hearings, discovery deadlines and a trial setting, so the refusal costs them leverage rather than costing you your future. The general steps of a Texas divorce are on the divorce page.
Tools Texas courts give you in a high-conflict case
Texas courts have strong tools to protect a spouse while a divorce is pending. Texas Family Code § 6.502 lets a judge make temporary orders that can, among other things, require a sworn inventory of property and debts, order the production of documents, set temporary support, award one spouse exclusive use of the home, limit spending to reasonable living expenses, appoint a receiver to protect property and order payment of attorney's fees.
- Temporary restraining orders. Section 6.501 allows emergency orders, which a judge can sign quickly and without waiting for a full hearing, that stop either spouse from hiding or destroying property, harassing the other, or emptying accounts.
- Temporary orders hearing. Custody, the home, bills and support are set for the months before trial.
- Protective orders. Where there is family violence or a threat of it, a separate protective order can be sought.
- Enforcement. A spouse who ignores a court order can be held in contempt, which can mean fines or jail, and can be ordered to pay the other side's fees.
If your spouse is making the divorce as difficult as possible, these orders are how the court puts rules around that behavior. For parenting issues, see the child custody page.
What decides a contested divorce
Evidence decides a contested divorce. Judges rule on what can be proven: financial records, the character of property as community or separate, testimony about the children, and expert opinions on value. A party who has organized records and credible witnesses is in a far stronger position than one with a strong grievance and no proof.
What a trial in Dallas County looks like
A final trial in a Dallas County family district court follows a set order: opening statements, witnesses and exhibits from each side, cross-examination, closing arguments and then the ruling. Either spouse can ask for a jury (Texas Family Code § 6.703). On children, Texas Family Code § 105.002 lets a jury decide who is a managing conservator and which parent designates the child's primary residence, while child support and the details of the possession schedule are for the judge. The judge signs the final decree.
Trial or settlement
Going to trial is better than an unfair settlement only when the likely ruling is clearly better than the offer, after counting the cost, the time and the risk. A trial puts the decision in a stranger's hands. A good settlement gives you certainty. John's job is to tell you plainly how he sees the evidence so you can make that call.
A contested divorce costs more than an agreed one, because it needs more lawyer time, hearings, discovery and often experts; how much more has no honest single number. Cost and length depend on what is disputed, how many hearings are needed, how much discovery and how many experts the case requires, and how the other side behaves. Nothing in the law caps how long a high-conflict case can run. John gives a real estimate after a consultation.
How John B. Polk handles contested divorces
A contested or complicated divorce calls for a family lawyer who is ready to try the case, not only negotiate it. John B. Polk has practiced family law in Dallas for more than 25 years and prepares every litigated case as if it will go to trial, while exploring settlement through negotiation, mediation, arbitration or trial.
- Trial preparation from the start: evidence gathered and organized before it is needed.
- Financial depth: valuation experts, forensic accountants, CPAs and tax advisors where property or a business is at stake.
- Children first: referrals to therapists, co-parenting counselors and child development professionals when the conflict reaches the kids.
- Interstate and international custody and support issues, a particular focus of his practice.
If a business or complex assets are involved, see business valuation and protection and property division. More about John is on the about page.
What happens when you hire John
- 1
Consultation
You explain what is happening and what you are afraid of losing. John tells you how Texas law applies and what the first moves should be.
- 2
Protect the status quo
Where needed, John seeks temporary restraining orders and temporary orders on the home, the children, support and spending. This sets the rules for the months ahead.
- 3
Build the evidence
Discovery, subpoenas, inventories and experts turn suspicion into proof. Your own records and communications are organized for trial.
- 4
Mediate from strength
With the facts in hand, the case is ready for a real settlement discussion. You decide whether an offer is good enough.
- 5
Trial if needed
If no fair agreement is possible, the case is presented to the judge or jury. The final decree then sets out the divorce.
Questions people ask
What if my spouse is making divorce as difficult as possible?
Ask the court to put rules around the behavior. Temporary orders, restraining orders, discovery deadlines and contempt for violations are designed for spouses who stall, hide or harass. Judges notice a pattern of obstruction, and it can affect attorney's fee awards and credibility at trial.
How do I divorce someone who refuses to negotiate?
You move the case forward without them. Texas does not require both spouses to agree to a divorce, so your lawyer can file, serve, request temporary orders and ask for a trial setting. If your spouse never engages, the judge decides the issues on the evidence presented.
Can my spouse delay our divorce forever?
No. A spouse can slow a case with motions, missed deadlines and refusals, but the court sets the schedule and can order a trial. If your spouse does not answer after being served, the case can proceed by default once the 60-day waiting period has passed.
Do I need a trial lawyer for a contested divorce?
You need a family lawyer who is prepared to go to trial. Contested cases can settle, but a settlement is only as good as the other side's belief that your lawyer can win in court. John B. Polk prepares every litigated case as if it will be tried.
How much more does a contested divorce cost in Dallas?
A contested divorce costs more than an agreed one because it needs more lawyer time, hearings, discovery and often experts. The difference depends on how many issues are disputed and how the other side litigates, so there is no honest single number. John can estimate your case after a consultation.
Is going to trial better than accepting an unfair settlement?
Sometimes. Trial makes sense when the evidence points to a clearly better result than the offer and the gain outweighs the extra cost, time and risk. If the offer is close to what a judge would likely order, settling usually protects you from an unpredictable outcome.
What happens during a divorce trial in Dallas County?
Each side presents witnesses and documents, the other side cross-examines, and the judge, or a jury on certain custody questions, decides. The judge hears the case alone unless a party has asked for a jury. After the ruling, the judge signs the final decree of divorce.
How long can a high-conflict divorce take?
There is no legal maximum, only the 60-day minimum after filing under Texas Family Code § 6.702. Length depends on the court's docket, how much discovery is needed, whether experts are involved and how often the other side forces hearings. Organized evidence and a trial-ready case tend to shorten the fight.
What kind of lawyer do I need for a really complicated divorce?
You need a family lawyer with trial experience who works with financial experts. Complicated divorces often involve businesses, retirement plans, hidden income, interstate custody or a spouse who will not cooperate. John B. Polk works with valuation experts, forensic accountants and CPAs and handles interstate and international custody issues.
What happens when we can't agree on anything in a divorce?
A judge decides whatever you cannot agree on. Before trial, courts usually expect the parties to try mediation, and partial agreements narrow what is left to fight about. Anything still disputed at the end is decided at a final trial.
Guides on this topic
DivorceHidden Assets, Drained Accounts and Temporary Orders in TexasYour spouse is hiding records or draining savings. Here is how Texas courts force disclosure, freeze spending and enforce temporary orders.
DivorceEvidence, Lies and Privacy in a High-Conflict DivorceTexts, posts, recordings and false accusations: what counts as evidence in a Texas divorce and how to protect yourself and your children in a messy case.