Understanding Contested vs. Uncontested Divorce in Texas

 Posted on May 23, 2025 in Divorce

The divorce process does not look the same for every couple. Some agree on the main elements of divorce. Others may need mediation and court interference to get to a final settlement. For the most part, divorces in Texas are either contested or uncontested, and the differences between the two are significant. Consider the elements of both and talk to an experienced Hurst, TX divorce attorney to learn more about the potential proceedings for your divorce.

What Is an Uncontested Divorce?

An uncontested divorce is generally the more amicable avenue to divorce. Spouses agree on how to address all the major elements, including asset division, child custody, spousal support, and debt responsibility. When couples reach an agreement on these matters, they can formalize it in writing and submit it for approval from the court. Advantages of an uncontested divorce include:

• Reduced cost: In general, uncontested divorces result in lower legal fees and fewer court costs.

• Faster resolution: Since both parties agree, the divorce process has fewer delays, resulting in a quicker path to closure. 

• Less conflict and stress: Avoiding the contention associated with courtroom battles reduces the emotional strain, creating a more amicable process for both spouses and any children involved.

• Greater privacy: Uncontested divorces are less public. They often involve mediation, which is a confidential process.

• More control: When you agree on the divorce terms, you maintain control over the final settlement rather than relying on court-imposed decisions.

Despite the many benefits of uncontested divorce, it is not a realistic solution for every couple. If you and your spouse cannot agree on one or more of the main components of divorce, or you have complex financial issues or a history of domestic violence, a contested divorce may be the best option.

What Is a Contested Divorce?

A contested divorce is a more complex process that arises when spouses cannot agree on the major components of divorce. The process usually requires each spouse to present their cases, typically through their attorneys, and allow the court to make the final call on the major components of divorce. The divorce process begins with one spouse filing a petition and serving the other, who then has a chance to respond.

If disputes cannot be resolved through mediation or negotiation, the case will move to trial, where a judge will make the final decision. For example, a common area of dispute is the division of marital property. Texas is a community property state, meaning that assets and debts acquired during the marriage are jointly owned and divided equally. The court will use that law to decide how to categorize property – as marital or separate – and how to divide it.

In general, a contested divorce takes longer and is more costly. It can also be more stressful. Conflict is never comfortable, and continued disagreements can prolong contested divorces. However, working with an experienced attorney is an invaluable asset to ensure your rights are protected. More importantly, your legal representative will negotiate for you.

Contact a Hurst, TX Divorce Attorney for a Free Consultation

Divorce can quickly become complicated for many reasons. What starts as uncontested can become contested during the proceedings. If you are considering filing for divorce, speak to a Tarrant County, TX divorce lawyer at Daniel R. Bacalis, P.C.. Based on the details of your situation, we can explore the most reasonable avenues for divorce available to you. Call 817-498-4105 to schedule your free initial consultation today.