When facing the difficult decision to end your marriage, knowing the different types of divorce available can help reduce stress and uncertainty. In Texas, divorces fall into two main categories: uncontested divorce and contested divorce.
The path you choose will significantly impact your timeline, costs, and emotional well-being. At the Law Offices of Richard C. McConathy, we’ve guided all kinds of families through both contested and uncontested divorce proceedings across Dallas County and surrounding areas.
With over 35 years of combined experience in divorce law and family law, our team understands that every divorce situation is unique, and we’re here to help you go through this challenging time with clarity and confidence.
Every divorce is different. Whether you’re seeking a quick resolution or need strategic representation in court, our Texas divorce attorney is here to protect your future and your family.
Key Differences Between Contested and Uncontested Divorce
Knowing the differences between contested and uncontested divorce types is essential for making informed decisions about your future.
Definitions of Each Divorce Case
Under Texas divorce law, an uncontested divorce occurs when both spouses agree on all major issues, including property division, child custody, child support, and spousal support. The court’s role is primarily to review and approve the agreed-upon terms during a brief hearing.
A contested divorce involves disputes on one or more significant issues between spouses. Even if you and your spouse agree on most matters, disagreement on a single major issue—such as child custody arrangements or marital property valuation—classifies the divorce case as contested.
For a comprehensive overview of the legal statutes governing divorce and child custody in Texas, refer to Title 1, Subtitle C of the Texas Family Code, which outlines the official procedures, requirements, and rights applicable to both contested and uncontested divorce cases.
Agreement vs. Dispute
The determining factor isn’t the complexity of your assets or family situation, but rather your ability to reach mutual agreements. Whether your divorce is contested or uncontested depends entirely on your ability to resolve key issues. Consider these hypothetical scenarios:
- Uncontested Divorce Example: Sarah and Mike own a home, two cars, and have one child. They’ve agreed Mike will keep the house and assume the mortgage, Sarah will take both vehicles, and they’ll share joint custody with Sarah receiving child support. Since all major issues are resolved, this remains an uncontested divorce despite having significant marital assets.
- Contested Divorce Example: Jennifer and David have minimal assets but disagree about their child’s primary residence. David wants to relocate to Houston for work, while Jennifer insists their daughter should remain in Dallas near her grandparents. This single dispute makes their divorce a contested one.
💡 It only takes one unresolved issue—like child custody or property division—for your uncontested divorce to become contested. Mutual agreement is the foundation of a smoother process.
Uncontested Divorce in Texas
An uncontested divorce is one where both parties agree on all significant matters, making it the most straightforward path to dissolving a marriage.
What It Means
To get an uncontested divorce, you need complete agreement between spouses on all key issues:
- Property division: How to split marital assets, debts, and real estate
- Child custody: Legal and physical custody arrangements
- Child support: Amount and payment schedule
- Spousal support: Whether maintenance is needed and for how long
- Other key issues: Insurance coverage, name changes, and specific arrangements
Filing for Divorce: Initial Steps
The uncontested divorce process follows specific legal procedures in Texas:
- Filing for divorce in Texas: One spouse files the divorce petition with the appropriate district court
- Service: The other spouse must be served with divorce papers
- Waiting period: Texas law requires a mandatory 60-day waiting period from filing
- Final decree preparation: Both spouses review and sign the Final Decree of Divorce
- Court hearing: A brief proceeding where the judge reviews and approves the agreement
- Finalization: The divorce can be finalized once the judge signs the decree
Uncontested divorces are usually completed within 60-90 days, assuming all paperwork is properly prepared and filed.
Getting a Divorce Without Excessive Court Involvement
Choosing an uncontested divorce offers several advantages, giving couples greater control over the outcome:
- Lower costs: Legal fees typically range from $1,500-$3,500 compared to $15,000-$30,000 for contested divorce cases
- Faster resolution: Most finalize within 2-3 months versus 12-18 months for contested divorce proceedings
- Reduced stress: Collaborative approach preserves relationships, especially important when children are involved
- Privacy: Less court involvement means fewer public records and court hearings
- Control: Spouses maintain control over outcomes rather than leaving decisions to a judge
Uncontested divorces tend to be less emotionally taxing and allow families to move forward more peacefully.
When Each Spouse Should Consider an Attorney
Even in an uncontested divorce, legal advice protects your interests. Consider attorney consultation when:
- Significant marital assets or debts are involved
- One spouse owns a business
- Retirement accounts need division
- Tax implications aren’t clear
- Child support calculations seem complex
- You want to ensure all legal requirements are met
Important consideration: Many couples overlook that retirement accounts like 401(k)s require a Qualified Domestic Relations Order (QDRO) for proper division. Without proper legal advice, one spouse could lose substantial retirement benefits.
Contested Divorce in Texas
A contested divorce is often more complex and emotionally challenging than an uncontested case.
Common Reasons for Disputes
Contested vs uncontested divorce comes down to whether spouses can agree on these critical areas:
Property and Financial Issues:
- Hidden marital assets or income
- Business valuation disputes
- Debt responsibility
- Retirement account division
- Real estate values
Child-Related Matters:
- Primary custody designation
- Custody and visitation schedules
- Child support amounts
- Medical decision-making authority
- Educational choices
Spousal Support Issues:
- Eligibility for maintenance
- Amount and duration
- Modification terms
⚖️ Contested divorces require full court involvement—from temporary orders to final decrees. Expect document discovery, mediation, and a possible trial. Representation is not optional—it’s essential.
Court Involvement and Procedure
A contested divorce requires extensive court involvement throughout the divorce process:
- Initial filing and response: Both spouses file their positions with the court
- Temporary orders: The court may establish interim arrangements for custody, support, and property use
- Discovery process: Exchange of financial documents, depositions, and evidence gathering
- Mediation: Many Texas courts require mediation before trial
- Pre-trial hearings: Address procedural matters and evidence disputes
- Trial: The judge makes final decisions on unresolved issues
- Final decree: The court issues binding orders
Cost and Time Considerations
A contested divorce requires significant investment:
Financial Costs:
- Attorney fees: $300-$500+ hourly rate
- Court costs and filing fees
- Expert witness fees (appraisers, therapists, accountants)
- Mediation costs with a professional mediator
- Discovery expenses
Time Investment:
- Multiple court appearances
- Document preparation and review
- Mediation sessions
- Trial preparation
- Appeals (if necessary)
Emotional Toll:
- Extended uncertainty
- Increased stress on children
- Damaged co-parenting relationships
- Public court proceedings
Is It Worth It to Contest?
When considering a contested divorce, you must weigh the potential benefits against the costs:
When a contested divorce makes sense:
- Spouse is hiding assets or income
- Proposed custody arrangement endangers children’s best interests
- Significant financial disparity exists
- Domestic violence concerns
- One spouse is being financially coerced
When pursuing a divorce without contest is preferable:
- Disagreements are primarily emotional rather than substantive
- Children’s well-being is paramount
- Costs of litigation exceed disputed amounts
- Both spouses want to preserve their relationships
Comparing Contested vs Uncontested Divorce Costs and Timelines
| Category | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement Needed | Full agreement on all issues | Disputes on one or more major issues |
| Average Cost | $1,500-$3,500 | $15,000-$50,000+ |
| Typical Duration | 60-90 days | 6 months to 2+ years |
| Court Involvement | Single hearing for approval | Multiple hearings, possible trial |
| Attorney Required | Recommended but not mandatory | Essential for protection |
| Emotional Stress | Low to moderate | High |
| Privacy Level | High | Limited due to public proceedings |
| Control Over Outcome | Full control through agreement | The judge makes final decisions |
Can You Switch Divorce Types Midway?
Divorce proceedings are not always linear. As circumstances evolve, a case can shift from one type of divorce to another. Knowing when and how this transition can occur is essential for protecting your legal and financial interests. Below are the two primary scenarios where a change in divorce type may happen:
- From Contested to an Uncontested Divorce: This transition is common and beneficial. When spouses resolve their disputes through negotiation or mediation, the case can convert to an uncontested divorce, saving significant time and money.
- From Uncontested to Contested: This occurs when new issues arise or when one spouse discovers hidden information. While less ideal, it’s sometimes necessary to protect your rights when your divorce is contested by new circumstances.
Mediation and Settlement Options in Texas
Mediation plays a critical role in Texas divorce proceedings. This process involves a neutral third party helping spouses reach agreements outside of court.
When Mediation is Required
Texas Family Code mandates mediation in cases involving:
- Child custody disputes
- Modification of existing custody orders
- Certain property division disagreements
Benefits of Mediation
- Cost-effective: Typically costs $200-$500 per session versus thousands in trial preparation
- Confidential: Discussions can’t be used against either spouse in court
- Flexible: Creative solutions not available through litigation
- Faster: Most mediation sessions conclude within 1-2 sessions
📌 Mandated in many Texas cases, mediation fosters confidential, creative resolutions outside the courtroom. One or two sessions can resolve issues that might otherwise take months to litigate.
Which Divorce Type is Right for You?
Consider these factors when determining whether contested or uncontested divorce is right for your situation:
Uncontested Divorce May Work If:
- You communicate effectively with your spouse
- Both spouses are financially transparent
- No history of domestic violence
- Assets and debts are straightforward
- You agree on child-related decisions
- Both want to minimize conflict
Contested or Uncontested Divorce May Be Necessary If:
- Your spouse is hiding assets or income
- Safety concerns exist
- Significant power imbalance between spouses
- Complex business or financial interests
- Disagreement about children’s best interests
- One spouse is being unreasonable or vindictive
Issues involving custody and property disputes often require skilled divorce representation to protect your interests.
Unsure whether your case is contested or uncontested? Let our experienced family law team help you go through the next steps with confidence. Contact us today to schedule a confidential consultation.
Family Law Legal Information: FAQs About Contested and Uncontested Divorce in Texas
What is the fastest type of divorce in Texas?
An uncontested divorce is the fastest option, typically finalizing in 60-90 days. However, Texas law requires a mandatory 60-day waiting period from the date of filing the divorce petition, regardless of divorce type. Emergencies involving domestic violence may allow for expedited divorce proceedings.
Can we use the same attorney in an uncontested divorce?
No, one attorney cannot represent both spouses due to conflict of interest rules in family law. However, in an uncontested divorce, one spouse can hire our attorney to prepare divorce papers while the other spouse reviews them independently or with consulting counsel.
What if my spouse doesn't respond to the divorce filing?
If your spouse does not respond within the required timeframe (typically 20 days plus the next Monday), you may proceed with a default divorce. This allows the court to grant the divorce based on your petition, even without your spouse’s participation in the proceeding.
What's the cost difference between contested and uncontested divorce in Texas?
Uncontested divorce cases typically cost $1,500-$3,500 in legal fees plus court costs. Contested divorce cases can range from $15,000-$50,000 or more, depending on complexity and trial length. Additional costs may include:
- Expert witnesses: $2,000-$10,000+
- Mediation: $500-$2,000
- Court reporters: $500-$1,500
- Property appraisals: $400-$1,000 each
Do I have to appear in court for a Texas uncontested divorce?
Most uncontested divorce cases require at least one brief court appearance for the final hearing. However, some Texas courts allow waiver of appearance if all divorce papers are properly completed and both spouses agree. Our divorce attorney will advise whether a court appearance is required in your specific county.
What are the grounds for divorce in Texas?
Texas recognizes both fault-based divorce and no-fault divorce. Most spouses choose no-fault divorce grounds citing “insupportability” (irreconcilable differences). Fault-based divorce grounds include adultery, cruelty, felony conviction, abandonment, living apart, or confinement in a mental hospital. Texas law requires couples to be residents for at least six months and residents of the filing county for at least 90 days before filing for divorce.
Talk to our Divorce Attorney Today
Whether your divorce seems straightforward or complex, experienced legal representation protects your future. At the Law Offices of Richard C. McConathy, we’ve successfully handled over 1,000 family law cases, helping clients achieve favorable outcomes while minimizing stress and costs.
Our law offices focus on:
- Clear communication about your options and realistic timelines
- Strategic negotiation to resolve disputes efficiently
- Thorough preparation to protect your rights and interests
- Compassionate support during this difficult transition
Knowing that each part of the divorce process matters, we provide comprehensive legal information to help you make informed decisions about your future.
Call 197-230-38867 today or contact us online for a consultation with our experienced family law attorney. We serve clients throughout Dallas County and surrounding areas, offering both contested and uncontested divorce representation tailored to your unique situation.