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Prosper, TX High-Conflict Divorce Attorney

Lawyer for Litigated and Contested Divorces in Prosper, TX and Surrounding Areas

Most divorces are the result of some kind of unresolvable conflict between spouses, but in some cases, conflict is an especially prominent factor in the divorce process. If you or your spouse blame each other for the failure of the marriage, or if you are unwilling or unable to come to an agreement on the important issues that must be resolved in your divorce, the dissolution of your marriage can be an incredibly difficult process, and you stand to suffer substantial losses if you do not know how to protect yourself.

With this in mind, hiring an attorney to represent your interests can be especially beneficial in a high-conflict divorce. At Pfister Family Law, we have multiple decades of litigation experience, and we are prepared to fight aggressively on your behalf when necessary. Withour attorneys on your side, you can better protect your interests regarding marital property, child custody, and other crucial elements of your divorce.

Fault Grounds for Divorce in Texas

In Texas, many divorces are filed on the grounds of insupportability, meaning that the spouses have irreconcilable differences, and neither spouse is considered to be at fault. However, Texas also allows a spouse to file for divorce on fault-based grounds for one of the following reasons:

  • Cruelty - Often, this means a spouse has engaged in emotional abuse or committed an act of family violence toward their partner.
  • Adultery - A person may file for a fault-based divorce if their spouse has engaged in a romantic or sexual affair outside of the marriage.
  • Abandonment - A divorce on the grounds of abandonment is possible if one spouse intentionally left the other and stayed away for at least a year.
  • Conviction of a felony - When a person has been convicted of a felony offense and imprisoned for at least a year, their spouse can file for divorce on fault-based grounds.

If the court finds that a fault-based divorce is warranted, a spouse's fault can be reflected in court orders for property division and spousal maintenance. Additionally, while fraud on the marital estate is not recognized as grounds for a fault-based divorce in itself, a spouse who has hidden or wasted community assets may be ordered to make amends.

Preparing for Divorce Litigation

In a high-conflict or contested divorce, there is a good chance that at least some of the issues at hand will need to be resolved through litigation in court. This means that you and your spouse will likely need to attend one or more hearings with a family court judge, who will have ultimate authority regarding the terms of the divorce decree, including the division of assets and any child custody, child support, and spousal support orders.

Hiring an attorney for divorce litigation ensures that you have an experienced professional on your side as you prepare for your hearings and make your case before the judge. Your attorney can help you prepare for litigation by:

  • Gathering important financial documents regarding your separate and community property, as well as your income and expenses.
  • Working with you to complete a proposed parenting plan that protects your children's best interests and your parental rights.
  • Identifying witnesses who can speak to your property rights, your parenting abilities, and the circumstances that led to the failure of your marriage.
  • Guiding you through the discovery phase, during which you can obtain important information from your spouse through interrogatories, depositions, subpoenas, and other tools.

In court, your attorney will help you present your case and advocate for your interests, with the goal of achieving the best possible outcome and leaving you in a position that allows for a positive post-divorce life.

Contact a Prosper, TX Divorce Attorney

We know how stressful a high-conflict divorce can be, and we strive to make the process more manageable for our clients by providing aggressive, experienced legal representation. If you need a trusted ally to stand up for you in your divorce case, contact us at 972-954-6455 and schedule an initial consultation. We serve clients in Denton, Dallas, Frisco, Plano, McKinney, Prosper, The Colony, Little Elm, and throughout Denton County, Collin County, Tarrant County, Dallas County, Sherman County, Hunt County, Rockwall County, and the surrounding areas.

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