Contested vs. Uncontested Divorce in Texas

Contested vs. Uncontested Divorce in Texas

What You Need To Know in Texas

Texas sees thousands of divorces every year, with couples choosing different legal paths depending on their circumstances. Whether a divorce unfolds through mutual agreement or ends up in court often depends on how much the spouses agree—or disagree—on key issues like property, custody, and support. That’s where the difference between contested vs. uncontested divorce becomes significant.

A contested divorce involves unresolved disagreements that require court intervention. An uncontested divorce, by contrast, means both spouses have worked out all the issues without the judge having to decide.

Knowing how these two approaches differ helps you choose the path that best fits your situation. To get clarity on the options specific to your situation and goals, reach out to a divorce attorney near you for a confidential consultation.

 

Understanding Uncontested Divorce in Texas

An uncontested divorce offers a streamlined approach to ending a marriage in Texas. For couples who agree on all major issues, this route can save time, reduce legal expenses, and minimize tension throughout the process. While every divorce comes with its share of complications, uncontested divorces present an option for spouses who prefer to move forward with cooperation rather than confrontation.

What Makes a Divorce Uncontested?

An uncontested divorce occurs when both spouses agree on all matters related to the separation. That includes the division of property and debts, child custody (referred to as conservatorship in Texas), child support, spousal maintenance (alimony), and any other relevant concerns. There’s no need for a judge to resolve disputes because nothing remains disputed. Both parties present a unified front in terms of what they want in the final decree.

In many cases, one spouse initiates the filing while the other signs a waiver of service and/or files a response that confirms mutual agreement. If both individuals are on the same page, the legal process tends to be far less involved than in a contested case.

Legal Requirements for Uncontested Divorce in Texas

To file for divorce in Texas, one spouse must have lived in the state for at least six months and in the county of filing for at least 90 days. These residency rules apply regardless of whether the divorce is contested or uncontested.

Once a petition is filed, Texas law imposes a mandatory 60-day waiting period before a court can finalize a divorce. This waiting period applies to nearly all divorces in the state. While a case may be prepared and ready for finalization, the judge cannot sign the final decree until that period ends unless certain exceptions apply, such as domestic violence situations.

In addition to residency and waiting period requirements, both parties must sign and submit a Final Decree of Divorce that reflects the terms they’ve agreed to. If children are involved, the decree must include detailed parenting plans and support arrangements.

Timeline Expectations

The shortest possible timeline for an uncontested divorce in Texas is just over two months due to the mandatory waiting period. However, several factors can affect how long the process actually takes:

• Court schedules and dockets
• How quickly spouses complete and file paperwork
• Whether the agreement includes complex issues like real estate or retirement accounts

Realistically, most uncontested divorces take 60 to 90 days from the date of filing to finalization, assuming everything moves forward without delay.

When Uncontested Divorce Works Best

Uncontested divorces often make sense in the following situations:

• The couple has no minor children.
• Both parties are financially independent.
• The marriage was relatively short.
• There’s mutual agreement on property and debt division.
• Both spouses communicate effectively and respectfully.

Even in marriages with children or significant assets, uncontested divorce may still be possible if both parties maintain open dialogue and work toward shared goals.

Common Misunderstandings About Uncontested Divorce

Myth 1: Uncontested means no lawyer is needed

While the court doesn’t require both parties to have lawyers, relying solely on online forms or templates may result in missing key provisions. A poorly written agreement might lead to problems years later—especially with property ownership or child custody.

Myth 2: Only couples with no kids qualify.

Uncontested divorces can involve children, but the agreement must include a comprehensive parenting plan that the judge finds in the child’s best interest.

Myth 3: It's always fast and easy.

Even when there’s full agreement, paperwork must still be thorough and accurate. Any errors or omissions can delay the process.

Myth 4: One spouse controls the process.

An uncontested divorce requires agreement, not silence. If one party submits a decree the other hasn’t reviewed or agreed to, the court will not finalize the case as uncontested.

An uncontested divorce can provide a more peaceful and cost-effective way to end a marriage, but it still requires careful attention to legal details. Every decision in the agreement affects your financial stability, family relationships, and future responsibilities. 

Before moving forward, consult with a Texas family law attorney who can review your documents, confirm your rights are protected, and help you avoid costly mistakes.

Understanding Contested Divorce in Texas

Disagreements between spouses—whether about finances, parenting, or property—can lead to contested divorce proceedings.

What Sets It Apart?

Contested divorces happen when spouses don’t see eye-to-eye on one or more issues. They might agree on some aspects, like child custody, but argue over spousal maintenance or dividing a business.

What Causes Disputes?

Conflicts often arise over:

• Custody and visitation
• Who keeps the house or other property
• Spousal maintenance
• Hidden assets or debts
• Infidelity or abuse allegations

Sometimes, the divorce starts uncontested and turns contested once financial disclosures reveal surprises.

Timeline for Contested Divorce

Contested divorce cases often stretch over months, or even years. Hearings, motions, mediation, and trial prep take time. Courts also require spouses to try mediation before proceeding to trial, which can add weeks or months.

The Discovery Phase

Discovery lets both sides gather facts, including financial documents, witness statements, and expert opinions. It’s a critical part of the process, especially when trust has broken down between spouses.

Temporary Orders

Judges often issue temporary orders to manage immediate issues like child custody, support, or who stays in the family home. These orders remain in effect until the final decree is signed.

The Divorce Process in Texas: Step by Step

Whether contested or uncontested, every Texas divorce begins the same way, but the road soon forks.

Step 1: Filing the Petition

One spouse (the petitioner) files an Original Petition for Divorce in the district court.

Step 2: Serving the Other Spouse

The other spouse (the respondent) must receive legal notice that the Petition for Divorce has been filed, either by a process server or certified mail, or in the alternative, the respondent can execute a waiver of service.

Step 3: Responding to the Petition

The other spouse must file an Answer to the Petition for Divorce within the legal timeframe—usually 20 days from the date of service, plus the following Monday.

Where the Paths Split

If the spouses agree on everything, they have an uncontested divorce and can skip straight to finalizing paperwork and attending a brief hearing after the waiting period. If not, they have a contested divorce and must move toward mediation, discovery, and potentially trial.

Mediation in Texas

Most courts require mediation before a contested divorce is finalized. Many couples resolve disputes here, avoiding trial entirely.

Going to Trial

If mediation fails, contested cases proceed to trial, where a judge (and sometimes a jury) hears arguments and makes decisions.

Finalizing the Divorce

The judge signs the Final Decree of Divorce, making the separation legally binding. This document spells out all rights, obligations, and arrangements moving forward.

Key Issues in Texas Divorces

Even with emotions running high, the law remains focused on dividing responsibilities and protecting children.

Property Division

Texas follows community property rules. Assets and debts acquired during the marriage usually get split evenly unless the court finds a reason for unequal distribution.

Child Custody

Texas law refers to child custody as conservatorship. Judges favor joint managing conservatorship unless one parent presents a risk to the child’s well-being.

Child Support

Child support payments follow state guidelines based on the paying parent’s income and number of children. Courts can enforce or modify these payments later if circumstances change.

Spousal Maintenance (Alimony)

Not every divorce results in spousal support. Texas law sets specific eligibility standards, such as a marriage lasting 10+ years, or there having been instances of domestic violence within the past two years.

Dividing Debt

Just like assets, debts acquired during the marriage get divided. That includes credit cards, loans, and mortgages, regardless of whose name is on them.

Alternative Dispute Resolution Options

Court isn’t your only option. Texas supports several alternatives to trial.

Mediation

Neutral mediators help spouses reach agreement through guided discussion. Many courts require it before scheduling a trial.

Collaborative Divorce

Both parties sign a contract agreeing not to litigate. Instead, they meet in a series of sessions with attorneys and other specialists (e.g., financial advisors and family counselors) to resolve their issues.

Arbitration

A private arbitrator hears both sides and makes a binding decision. It’s faster than trial but still formal and more structured than mediation.

Benefits of ADR

ADR options usually save time and money while offering greater privacy and flexibility. They also give both spouses more control over the outcome.

Special Considerations for Texas Residents

Not all divorces follow the same blueprint. Unique factors change the game.

Protecting Your Rights While Minimizing Conflict

In divorce, no one wins when emotions take over. A steady hand makes a big difference.

Keep the Conversation Productive

When speaking to your spouse, stick to the facts. Avoid blame. Use written communication if in-person talks spark arguments.

Stay Organized

Track expenses, gather financial records, and keep a divorce journal. Clear documentation supports your case and keeps you focused.

Make the Most of Your Lawyer

Be honest and prepared. Your lawyer works more efficiently with full information.

Know When To Hold and When To Fold

Compromise makes sense when the issue isn’t worth the fight. But when your children or your financial future hang in the balance, stand firm.

Why Choose Bailey & Galyen To Handle Your Divorce

Bailey & Galyen has guided Texans through both contested and uncontested divorces for more than 40 years. Our team handles property division, custody disputes, spousal maintenance, and more. We don’t just file paperwork—we help clients make strategic, informed decisions based on their goals.

Client-focused service and honest legal advice drive everything we do. When you're ready to take that first step, we’re here to stand with you.

Contact Our Texas Divorce Lawyers Today

Whether your divorce involves courtroom hearings or a handshake over signed papers, you deserve legal guidance tailored to your situation. The differences between contested and uncontested divorce matter, but what matters most is choosing the approach that protects your future.

Divorce isn't just about the end of a marriage—it's about what comes next. At Bailey & Galyen, Bedford family lawyers help clients make choices that lead to long-term stability and peace of mind.

Contact us today to schedule a confidential consultation.