Contested vs. Uncontested Divorce in Texas: Key Differences, Costs, and What’s Best for You
Going through a divorce is never easy, but understanding your options can help you take control of the process. In Texas, there are two main types of divorce: uncontested and contested. The route you take will determine how long the process takes, how much it costs, and how much stress you’ll deal with along the way.
If you and your spouse agree on everything—property, finances, child custody, and support—then an uncontested divorce may be the quickest and most cost-effective option. But if there are disagreements, whether big or small, you’ll likely end up with a contested divorce, which requires legal intervention to resolve disputes.
So, how do you know which type of divorce is right for you? Let’s break it down.
What Is an Uncontested Divorce?
An uncontested divorce happens when both spouses are on the same page about everything:
- Who gets what assets and debts
- How child custody and support will work (if kids are involved)
- Whether one spouse will pay alimony
- The final terms of the divorce
Since there’s nothing to fight over, the process moves quickly. In Texas, divorces have a mandatory 60-day waiting period, so even an uncontested divorce takes at least two months, but that’s still much faster than a drawn-out court battle.
Why Choose an Uncontested Divorce?
- It’s cheaper – Fewer legal fees mean more money in your pocket.
- It’s faster – No court hearings or drawn-out disputes.
- It’s less stressful – Avoiding courtroom drama keeps emotions in check.
- It’s private – No need to air personal matters in public records.
Is Uncontested Divorce Right for You?
This type of divorce works best if you and your spouse:
- Trust each other to be honest about finances
- Agree on how to divide assets, debts, and custody
- Want to avoid unnecessary legal costs
- Are willing to work together to finalize the process
If that sounds like your situation, an uncontested divorce may be your best bet. But if even one issue is up for debate, you’ll likely need a contested divorce or at least legal guidance to make sure your rights are protected.
What Is a Contested Divorce?
A contested divorce happens when spouses can’t agree on one or more key issues. Maybe one person wants sole custody, or there’s a dispute over who gets the house. In some cases, one spouse refuses to cooperate at all, dragging the process into court hearings, mediation, and legal battles.
Common Reasons for a Contested Divorce
- Property & Asset Division – Texas is a community property state, meaning assets acquired during the marriage are divided fairly (not always 50/50). If one spouse fights for more than their fair share, disputes arise.
- Child Custody & Support – If both parents want primary custody or can’t agree on a parenting plan, a judge may have to decide.
- Alimony (Spousal Support) – One spouse may demand financial support, while the other fights against it.
- Hidden Assets or Dishonesty – If one spouse is suspected of hiding money, debts, or property, the divorce becomes more complex.
- Emotional Conflict – Sometimes, resentment and hurt feelings make cooperation impossible.
What to Expect in a Contested Divorce
If you’re facing a contested divorce, be prepared for a longer process. Here’s what typically happens:
- Filing the Divorce Petition – One spouse officially files for divorce.
- Response & Counterclaims – The other spouse either agrees or disputes the terms.
- Negotiations & Mediation – Many couples try to settle before going to trial (this saves time and money).
- Court Hearings & Evidence Gathering – If no agreement is reached, both sides present their case in court.
- Final Judgment – A judge makes the final decision on disputed issues.
Contested divorces can take months or even years, depending on how complex the case is.
Uncontested vs. Contested Divorce: Key Differences
Factor |
Uncontested Divorce |
Contested Divorce |
|---|---|---|
Timeframe |
At least 60 days |
Several months to years |
Cost |
Lower (fewer legal fees) |
Higher (attorney & court fees) |
Emotional Impact |
Less stressful |
More stressful, potential conflict |
Court Involvement |
Minimal to none |
Court hearings & trial may be required |
If you and your spouse can come to any agreement, even with mediation, you may be able to avoid a full contested divorce and save thousands of dollars in legal fees.
How to Decide Which Divorce Is Right for You
Be Honest About What You and Your Spouse Might Disagree On
Before deciding which route to take, ask yourself:
- Are we both being honest about our finances? If there’s suspicion of hidden assets, a contested divorce may be necessary.
- Do we agree on how to split assets and debts? If not, mediation or a court ruling may be needed.
- Can we figure out custody and child support? If there’s a disagreement, a judge will likely have to step in.
- Is one of us emotionally unwilling to compromise? Sometimes, the hardest part isn’t the legal battle—it’s overcoming anger or resentment.
Even if you and your spouse are mostly in agreement, it’s still smart to have a lawyer review your settlement before finalizing anything. A poorly written agreement could leave you vulnerable later.
How Mediation Can Help: Uncontested vs. Contested Divorce
Mediation is a valuable tool for couples who have disagreements but want to avoid a costly and emotionally draining court battle. Instead of letting a judge make the final decisions, mediation allows both spouses to work with a neutral third party to reach agreements on property division, child custody, support, and other issues.
Mediation in an Uncontested Divorce
For couples pursuing an uncontested divorce, mediation is often not necessary because both spouses already agree on the terms. However, if there are minor disagreements, mediation can be a way to finalize the details without turning the divorce into a contested case.
- Example: A couple agrees on how to divide most assets but needs help deciding how to handle a joint business or retirement accounts. Mediation can resolve this issue without going to court.
- Cost Savings: Mediation in an uncontested divorce is usually a single session, significantly reducing costs.
- Outcome: Once agreements are made, they can be written into the divorce settlement and submitted to the court for approval.
Mediation in a Contested Divorce
For contested divorces, mediation is often the first step before a case goes to trial. Many Texas judges require mediation before scheduling a court hearing.
- Why Judges Encourage Mediation: The court system is overwhelmed with divorce cases, and mediation can help spouses settle issues without needing a full trial.
- How It Works: A trained mediator meets with both spouses to facilitate discussions and negotiations. Mediation is not legally binding, but agreements reached can be formalized into a legal contract.
- Potential Challenges: If emotions are high or one spouse refuses to compromise, mediation may fail. In those cases, litigation becomes necessary.
Why Mediation Works for Some Couples
- Less expensive than a full trial.
- Faster resolution of disagreements.
- More control over the outcome (rather than a judge deciding).
- Less stress compared to a courtroom battle.
While mediation is not required in every divorce, it is highly encouraged—especially for contested cases where spouses may be able to reach an agreement with professional guidance.
How Divorce Affects Children: Uncontested vs. Contested Divorce
Divorce affects children differently depending on how much conflict exists between the parents. While no divorce is easy for kids, an uncontested divorce tends to be less damaging, whereas a contested divorce with prolonged legal battles can create lasting emotional harm.
Uncontested Divorce: Easier on Children
When parents agree on custody, child support, and visitation, children are less likely to experience stress and anxiety.
- Less fighting means less emotional harm. Children do not have to witness constant arguments or feel torn between their parents.
- Parents can create a co-parenting plan together. Without the pressure of court battles, parents are more likely to work together and maintain a healthy co-parenting relationship.
- No court battles over custody. Children are not put in the middle of custody disputes where they might be forced to choose sides.
Contested Divorce: Harder on Children
When parents fight over custody or financial support, children often suffer the most.
- Kids may feel caught in the middle of disputes. If parents speak negatively about each other or fight over time with the kids, children may feel pressured to take sides.
- Custody battles can cause emotional strain. The uncertainty of who they will live with and how often they will see each parent can be extremely stressful.
- A judge, not the parents, decides custody and support. If parents cannot agree, a judge will make decisions based on what they believe is best for the child—which may not align with what either parent wants.
How to Protect Children During Divorce
- Keep conflict away from them. Avoid discussing legal disputes in front of children.
- Encourage open communication. Let them express their feelings and concerns.
- Reassure them that both parents love them. Divorce is between parents, not the kids—remind them of that.
- Consider child therapy. A counselor or therapist can help children cope with the transition in a healthy way.
If possible, parents should try to reach an agreement on custody and support outside of court. This will minimize stress for everyone, especially the children.
Common Mistakes to Avoid in a Texas Divorce
No matter how amicable or difficult a divorce is, mistakes can be costly. Here’s what to avoid in both uncontested and contested divorces.
Uncontested Divorce Mistakes
Even when spouses agree, there are still pitfalls that can cause problems down the line.
- Rushing into an agreement without legal advice. Even a friendly divorce should be reviewed by an attorney to avoid future legal or financial issues.
- Forgetting to account for future financial needs. Spouses may overlook issues like taxes, insurance, or retirement funds when dividing assets.
- Assuming everything will remain peaceful without a written plan. Even if things are friendly now, a clear legal agreement protects both parties in the future.
Contested Divorce Mistakes
Contested divorces are more complicated, and missteps can make the process even worse.
- Letting emotions take over and refusing to negotiate. Divorce is emotional, but allowing anger to drive decisions can lead to unfair settlements or unnecessary court battles.
- Hiding assets, which can lead to serious legal consequences. If one spouse tries to conceal money or property, it can result in harsh penalties and a less favorable ruling.
- Ignoring how the divorce will affect children in the long run. Fighting over custody without considering the emotional impact on kids can harm relationships in the future.
Even in an uncontested divorce, it’s a good idea to have a lawyer review your agreement to ensure fairness and compliance with Texas law.
Texas-Specific Divorce Laws: Uncontested vs. Contested
Texas has specific divorce laws that apply whether your divorce is uncontested or contested.
Residency Requirement
- Both uncontested and contested divorces require that at least one spouse has lived in Texas for six months before filing.
Waiting Period
- Texas requires a 60-day waiting period before a divorce can be finalized.
- Uncontested divorces can be completed as soon as the waiting period ends (if all paperwork is in order).
- Contested divorces usually take longer because of court proceedings.
No-Fault Divorce
- Texas allows no-fault divorces, meaning spouses don’t have to prove wrongdoing.
- In contested cases, fault-based grounds (such as adultery or cruelty) may be used to influence property division or alimony.
Community Property Laws
- Texas follows community property laws, meaning assets acquired during marriage are considered jointly owned.
- In an uncontested divorce, spouses agree on how to divide property.
- In a contested divorce, a judge decides based on what is “just and right.”
Understanding Texas divorce laws can help you avoid surprises and prepare for the process ahead.
FAQs on Uncontested vs. Contested Divorce
What if we agree on everything except one issue?
You may still be able to file for an uncontested divorce if you can resolve that issue through mediation. Otherwise, it will be considered contested.
Can I file for divorce without my spouse’s consent?
Yes, but it will be a contested divorce if your spouse refuses to agree to the terms.
How long does a contested divorce take in Texas?
It depends on the complexity of the case. Some contested divorces are resolved in a few months, while others can take over a year.
What if my spouse is hiding assets?
A contested divorce allows for discovery, where financial documents can be reviewed, and a forensic accountant may be brought in to investigate hidden assets.
Do I need a lawyer for an uncontested divorce?
While you’re not required to have an attorney, having one review your agreement can help you avoid costly mistakes.
Let’s Make Your Houston Divorce as Smooth as Possible
If you’re considering divorce, let us help you find the best path forward.
📞 Call us today at (832) 759-5100 to schedule a consultation.
Whether you need help with an uncontested divorce or a contested case, Your Houston Divorce Lawyer guide you every step of the way.