Contested vs. Uncontested Divorce in Texas

What is the difference between a contested and an uncontested divorce?

An uncontested divorce is one where both spouses agree on every issue: property and debts, and, with children, conservatorship, the possession schedule and child support. A contested divorce is one where at least one issue is still disputed and a judge may have to decide it.

The label describes where the case stands, not how it started. Many divorces begin contested and end agreed, and an agreed case can become contested if one spouse changes position before the decree is signed.

• Paperwork. Both start with a petition. An agreed case ends with an agreed decree signed by both spouses; a contested case may need discovery, hearings and a trial.
• Time. Both are subject to the 60-day waiting period in Texas Family Code § 6.702. Contested cases usually take longer because disputes take time to resolve.
• Cost. Agreed cases need far less lawyer time. Each disputed issue adds cost.
• Control. In an agreed divorce, you write the terms. In a contested one, the judge decides what you cannot agree on.

Can we get divorced without going to court?

Mostly, yes. In an agreed Texas divorce, the spouses never argue in front of a judge; the case ends with a short final step where the court reviews the agreed decree and signs it.

That final step is often a brief prove-up hearing, where one spouse answers a few questions under oath. How it is handled, in person, remotely or in some cases on written testimony, depends on the court. A lawyer handling an agreed divorce will know what your court requires. See uncontested divorce.

Can we settle everything before filing for divorce?

Yes. Spouses can work out every term before anyone files, and then file an agreed case. The 60-day waiting period still runs from the filing date, so settling first does not skip it, but it means the decree can be ready to sign once the period ends.

Put the agreement in writing with the help of a lawyer or a mediator, and make sure it covers everything a final decree must: each asset and debt, retirement accounts, the house, and every term about the children. Gaps in an informal agreement become disputes later.

What if we agree on property but not child custody?

Then the divorce is contested on custody only, and the property agreement can still stand. You can put the settled issues in writing and focus negotiation, mediation or a hearing on the issues that remain.

Think about how the pieces connect before you lock in one part. Who keeps the house can depend on where the children will live most of the time, and child support depends on the possession schedule. A partial agreement that ignores those links can limit your options. See child custody for how Texas courts decide the children's issues.

How can a contested divorce become agreed?

A contested case becomes agreed whenever the spouses settle the remaining issues, and that can happen at any stage, even on the morning of trial. The common routes are:

1. Negotiation between lawyers. Once both sides have the financial records and know the likely range of outcomes, offers often converge.
2. Mediation. A neutral mediator works with both sides, usually in separate rooms, to reach a mediated settlement agreement.
3. Collaborative law. Both spouses and their lawyers commit in writing to settle without litigation. See collaborative law.
4. Partial settlement. Settling some issues narrows the trial to the rest.

Preparing a contested case thoroughly often helps it settle. When each side sees the evidence and the risks clearly, a realistic agreement becomes easier than a trial.

Can we write our own divorce agreement?

Yes. Texas lets spouses write their own agreement, and a court will usually sign an agreed decree that divides the estate in a way that is just and right and, for children, serves their best interest. The risk is not that the court refuses it but that the agreement leaves something out or says it in a way that cannot be enforced.

The usual gaps in a self-written agreement are:

• Retirement accounts and pensions that need a separate order to be divided.
• Who pays which debt, and what happens if that spouse stops paying.
• Possession terms vague enough to start arguments, such as "reasonable visitation".
• Health insurance and uncovered medical costs for the children.

Many couples write the terms themselves and then have a lawyer turn them into a decree, or review the draft before anyone signs.

Should we use mediation before hiring separate divorce lawyers?

It can work, especially when the spouses communicate well and the finances are straightforward. A mediator helps you reach terms, but is neutral and cannot give either of you legal advice about your own interests.

A mediated settlement agreement that meets Texas Family Code § 6.602(b), with a prominent statement that it is not subject to revocation and the parties' signatures, is binding once signed. So many spouses mediate first and still have a lawyer review the terms before signing, or bring lawyers to the session. With children, a business or significant retirement accounts, that review is worth considering.

How long does an uncontested divorce usually take?

An uncontested divorce cannot be finalized before the 60th day after filing, and after that it depends on how quickly the paperwork is completed and the court can sign the decree. There is no other fixed timeline in Texas law.

Delays in agreed cases usually come from missing details, such as retirement account information or the terms for dividing a pension, or from one spouse hesitating before signing. Having the agreement complete before filing is the simplest way to avoid them.