Handling Contested Divorce Issues Through Litigation

 Posted on August 25, 2025 in Divorce

Many divorces are handled without the court’s intervention, either through informal negotiations or with the assistance of a mediator. However, in a minority of cases, litigation is necessary to resolve a contested divorce. Litigation can involve high-stakes concerns, so it is imperative that you work with a skilled Fort Worth, TX divorce lawyer to protect your interests.

At the The Law Office of J. Kevin Clark P.C., we have firsthand experience representing clients in intense divorce trials. Attorney J. Kevin Clark has been practicing law for over 40 years, and past clients have praised his willingness to go "above and beyond" in complicated cases. No matter what issues stand in the way of you and a final divorce decree, our firm is here to champion your rights.

How Is Property Divided in Divorce Litigation?

Texas is a community property state, which means that most any property acquired during your marriage is subject to division, with few exceptions. When your case escalates to litigation, the courts will divide up your property in a "just and right" manner. 

This does not mean that your community property will be divided in half. Instead, the court can consider relevant factors like the income of both parties, how long the marriage lasted, and the age and health of each spouse. A shrewd divorce attorney can make a case for a favorable split of property, considering your financial needs after the end of your marriage. Moreover, an attorney can also help you get a fair valuation for complex properties like businesses and stock portfolios.

Litigating Child Custody Issues in Texas

Child custody is often one of the largest points of contention in a divorce, and for good reason. If you and your spouse have conflicting ideas about what is best for your child, a judge’s intervention may be necessary. Often, high-conflict custody cases escalate to litigation when neither party is willing to back down.

You should know that the courts of family law in Texas prioritize the child’s best interests above all else. If you are seeking sole managing conservatorship over your child, you should be prepared to show that the arrangement is necessary for your child’s well-being. While there is a presumption that joint custody is best for the child (Texas Family Code Sec. 153.131), a finding of abuse in the household could rebut this presumption.

Can I Challenge a Prenup in a Trial?

Although a prenuptial agreement is considered legally binding when both parties sign it voluntarily, the validity of the document can still be challenged in a hearing. If one party can prove that the terms of the agreement are unconscionable, or grossly unfair to one party, a judge can refuse to honor it. 

Similarly, a prenup could be challenged through litigation if one party was not given a "fair and reasonable disclosure" of the assets or financial obligations involved. To challenge a prenup on these grounds, you must show that you could not have reasonably known this information, and that you did not waive this right in writing.

Contact a Fort Worth, TX Divorce Trial Attorney

If you are considering handling your divorce through litigation, you should make thorough preparations and work with an attorney who knows how to handle even the most hostile divorces. To schedule a free consultation with a Fort Worth, TX divorce lawyer, contact The Law Office of J. Kevin Clark P.C. at 817-348-6723 today.