LEGAL RESOURCES
Uncontested vs. Contested Divorce in Texas
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What Is the Difference?
One of the first decisions that affects nearly every Texas divorce is whether the case will proceed as an uncontested divorce or a contested divorce.
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The distinction is important because it affects the length of the case, the cost of litigation, the amount of court involvement, and the overall strategy.
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Many people assume that an uncontested divorce simply means that both spouses get along. That is not necessarily true.
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The difference is whether the parties are able to reach an agreement on every issue that must be resolved before the divorce can be finalized.
What Is an Uncontested Divorce?
An uncontested divorce is one in which both spouses reach a complete agreement regarding all issues in the case.
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That agreement typically includes the division of property, allocation of debts, conservatorship of the children, possession schedules, child support, medical support, retirement accounts, and any other matters that must be included in the Final Decree of Divorce.
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If the parties agree on every issue, there is generally no need for the judge to decide disputed facts at trial. Instead, one party presents the agreed decree to the court for approval after the statutory waiting period has expired.
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Texas law generally requires a minimum sixty-day waiting period after the Original Petition for Divorce is filed before a divorce may be finalized. See Tex. Fam. Code § 6.702, although limited statutory exceptions exist.
Uncontested Does Not Mean Simple
Even when spouses agree, the legal documents must still be prepared correctly.
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A Final Decree of Divorce should address every asset, every debt, retirement accounts, real estate, vehicles, tax issues, possession schedules, child support, medical support, and numerous other matters.
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An agreement that is incomplete or poorly drafted can create disputes years after the divorce has been finalized.
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For that reason, many couples who agree on the outcome still retain attorneys to prepare or review the final paperwork.
What Is a Contested Divorce?
A contested divorce is any divorce in which the parties disagree on one or more issues.
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The disagreement may involve child custody, child support, spousal maintenance, business ownership, retirement accounts, valuation of the marital residence, separate property claims, reimbursement claims, attorney’s fees, or virtually any other issue arising during the divorce.
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A contested divorce does not necessarily mean the case will proceed to trial. It simply means that one or more issues remain unresolved after the case has been filed.
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In fact, many contested divorces eventually settle through negotiation or mediation before reaching the courtroom.
Contested Divorces Usually Require Discovery
When important facts are disputed, the parties often engage in discovery.
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Discovery allows each side to obtain information and documents relevant to the case. It may include requests for financial records, tax returns, bank statements, retirement account statements, business records, employment information, medical records, written questions known as interrogatories, requests for admissions, subpoenas, and depositions.
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The purpose of discovery is to ensure that both parties have access to the information necessary to evaluate the case and prepare for settlement or trial.
Temporary Orders Are Common in Contested Cases
Because contested divorces often remain pending for several months, courts frequently enter temporary orders to govern the parties while the case is ongoing.
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Temporary orders may determine who remains in the marital residence, establish temporary custody and possession schedules, set temporary child support or spousal support, allocate responsibility for bills, prohibit the sale or concealment of property, and establish other rules while the divorce is pending.
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These orders remain in effect until modified by the court or replaced by the Final Decree of Divorce.
Mediation Resolves Most Contested Divorces
Although many divorces begin as contested cases, relatively few ultimately proceed to a final trial.
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Most Texas courts require mediation before scheduling a final trial.
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During mediation, the parties work with a neutral mediator to negotiate a resolution of the disputed issues. If an agreement is reached, the parties typically sign a Mediated Settlement Agreement (MSA), which is generally binding under Texas Family Code § 6.602. The Final Decree of Divorce is then drafted to reflect the terms of that agreement.
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Mediation often allows the parties to retain greater control over the outcome while avoiding the expense and uncertainty of trial.
Some Cases Require Trial
Not every dispute can be resolved through negotiation.
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When the parties cannot agree, the judge—or in limited circumstances, a jury—will hear evidence and decide the contested issues.
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Trial may involve testimony from the parties, expert witnesses, business valuation experts, real estate appraisers, accountants, child custody evaluators, Guardian ad Litems, teachers, counselors, physicians, and other witnesses depending upon the issues before the court.
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The trial judge then enters a Final Decree of Divorce resolving the disputed matters.
How Long Does Each Type of Divorce Take?
Every case is different, but uncontested divorces generally conclude much sooner than contested litigation.
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Many uncontested divorces are finalized shortly after the sixty-day statutory waiting period expires, assuming all paperwork has been completed and the parties remain in agreement.
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Contested divorces often require several months of discovery, mediation, temporary hearings, expert analysis, and trial preparation before reaching a final resolution. Depending upon the complexity of the case and the court’s docket, a contested divorce may take substantially longer.
Which Type of Divorce Is Better?
Neither type of divorce is inherently better.
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If both spouses genuinely agree on every issue after fully understanding their legal rights, an uncontested divorce is often the least expensive and most efficient way to end the marriage.
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If significant disagreements exist regarding children, property, business interests, retirement accounts, or other important issues, contesting those matters may be necessary to protect your legal and financial interests.
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The appropriate approach depends on the facts of each individual case rather than a desire to avoid conflict at all costs.
Fergus & Tomanka Represents Clients in Both Uncontested and Contested Divorces
Every divorce requires thoughtful planning, whether the parties have already reached an agreement or anticipate contested litigation. Understanding the differences between uncontested and contested divorces helps clients make informed decisions about strategy, timing, and cost while protecting their long-term interests.
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At Fergus & Tomanka, we represent clients throughout Central Texas in uncontested divorces, contested property division, child custody disputes, business valuation cases, retirement division, mediation, and trial. Whether your case can be resolved through agreement or requires litigation, we work to protect your rights and achieve a practical resolution under Texas law.
Call (512) 291-6952 to setup a consultation with one of our attorneys OR simply Make An Appointment on your own!
These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.