Post-Divorce Litigation in League City

While most people hope their divorce decree is the final chapter in their marital story, statistics tell a different tale. In Texas, studies show that over 20% of divorces end up in post-divorce litigation, meaning disputes over child custody, alimony, property division, and more. 

If you live in League City, Galveston, or anywhere else in Texas, this blog post can equip you with valuable information on navigating this complex legal landscape. We will delve into the common reasons post-divorce litigation occurs in Texas, and emphasize the crucial role a skilled divorce attorney can play in achieving a successful outcome.

Common Causes of Post-Divorce Litigation in League City and Galveston

While divorce settlements aim for a fair and lasting resolution, situations can change, and disagreements can emerge. Here are some frequent causes of post-divorce litigation in Texas:

• Child Custody and Support: This is a leading cause, with statistics indicating nearly 60% of post-divorce disputes in Texas revolve around child custody and support. Changes in a child’s needs, relocation of a parent, or disagreements over visitation schedules can necessitate modifications to the original arrangements.

• Spousal Support Modifications: Financial circumstances can change significantly after a divorce. A spouse’s income increase or decrease, health issues, or changes in the cost of living can necessitate adjustments to spousal support payments.

• Property Division Issues: Discovery of hidden assets after the divorce, disagreements over property valuation, or inheritance received by either party can lead to disputes about property division. The Texas statute of limitations on property division is generally two years after the discovery of the asset, so time is of the essence in these cases.

• Breach of Contract: If either party fails to uphold the obligations outlined in the divorce agreement, such as child support payments or property division timelines, legal action might be necessary to enforce the terms of the decree.

The Three Phases of Civil Litigation in Texas

In Texas, civil litigation is broken down into three main phases: pre-trial, trial, and post-trial.  Understanding these phases is crucial, when facing a legal dispute, whether it’s a contract disagreement, property issue, or a matter related to family law.

Phase 1: Pre-Trial – Laying the Foundation

The pre-trial phase involves crucial groundwork before the case ever reaches a courtroom. This phase typically includes:

Research: Understanding the relevant laws and legal precedents related to your case is essential. While legal resources are available online, consulting a League City or Galveston divorce lawyer familiar with Texas civil litigation procedures can provide invaluable guidance.

Filing and Serving Documents: Initiating a lawsuit involves filing a petition with the court, outlining your claims and the desired outcome. The other party will then receive a copy of the petition (service) to formally respond.

Discovery: This stage involves gathering information from the opposing party. This might include exchanging documents, depositions (formal questioning outside of court), and interrogatories (written questions requiring sworn answers).

Phase 2: Trial – Presenting Your Case

The trial phase is where the dispute is formally presented before a judge or jury. Both parties have the opportunity to:

Present Evidence: Supporting documents, witness testimonies, and expert opinions can be used to build your case.

Argue Your Position: Your divorce attorney will present your arguments and explain why the judge or jury should rule in your favor.

Respond to the Opposing Party: You’ll have the opportunity to counter the other party’s arguments and evidence.

Phase 3: Post-Trial – Resolution or Next Steps

The judge or jury’s decision doesn’t necessarily signify the end of the matter. The post-trial phase can involve:

Judgments and Orders: The court will issue a judgment outlining the outcome of the case. This might include awarding damages or enforcing specific actions.

Appeals: If you disagree with the court’s decision, you may have the right to appeal to a higher court. Navigating the appeals process requires the expertise of a qualified divorce lawyer.

Enforcing the Order: If the other party fails to comply with the court’s order, legal action might be necessary to enforce it.

Protect Your Rights with Expert Legal Representation

While trials can be complex and involve specific rules of procedure, having a skilled divorce attorney by your side can ensure your rights are protected and your case is presented effectively.

Whether you are facing a contract dispute, a property issue, or a family law matter, the Law Offices of Tad Nelson & Associates can provide the legal expertise and support you need throughout the entire civil litigation process. Contact us at 281-280-0100 to schedule a consultation and discuss your specific situation.