The divorce rate throughout the United States has been on a relative decline over the past two decades. Despite this decline, the fact remains that thousands of marriages end in divorce each year.

If you made the difficult decision to end your marriage, know that there is nothing to be ashamed of. In fact, for many, divorce can be the best path forward for all parties involved.

In this article, we will discuss the two types of divorce, contested vs. uncontested divorce, to give you a better idea of your options so you know how best to proceed. Keep reading to learn more about contested and uncontested divorce, the differences between the two, and how the family law and divorce attorneys at The Larson Law Office can help you navigate your Texas divorce moving forward.

Types of Divorce in Texas: Uncontested vs. Contested Divorce

There are two types of divorce: uncontested and contested. Below is more information about each type to help you understand which option might make the most sense for your particular situation.

Uncontested Divorce

An uncontested divorce is one in which both spouses are able to reach a mutual agreement on all underlying terms of the divorce. This means that there will be no disagreement between the parties on topics such as:

How assets, debts, and other property will be divided;
If the couple shares any children, how child custody, visitation, and support will be addressed; and
Whether one party will pay spousal support to the other.

Importantly, this is not an exhaustive list. Any and all other aspects of the divorce must be agreed to between the parties for the divorce to be considered uncontested.

Note, however, that just because a divorce is uncontested does not mean that there will be no court involvement. Even when a divorce is uncontested, the parties must still obtain a final decree of divorce from the court before the marriage can be legally terminated.

Contested Divorce

A contested divorce, on the other hand, is one in which the spouses are unable to reach an agreement on one or more key issues related to the divorce.

Because the parties in a contested divorce are not able to agree on the terms of their separation, the court will ultimately make the final determination on any disputed issues such as property division, spousal support, and child custody. This will be done after taking into consideration evidence, testimony, and arguments presented by each party.

Understanding the Difference Between Contested and Uncontested Divorce

The primary difference between contested and uncontested is the level of agreement between the spouses on the underlying terms of the divorce. However, there are several other differences between contested and uncontested divorce to be aware of as well. We’ve included a breakdown of some of these key differences below.

Level of Conflict

As the name implies, contested divorces are typically inherently more contentious and are often characterized by higher levels of conflict between the parties. Conversely, uncontested divorces are more likely to be resolved with less animosity between the parties.

Of course, even where a divorce is uncontested, it is not uncommon for tensions and stress to run high. However, the lower conflict level associated with an uncontested divorce can make the process feel smoother and less emotionally taxing.

Length of Process

Because uncontested divorces involve less conflict between the parties, the process is typically simpler and more streamlined. For example, under Texas law, some uncontested divorces may be finalized in as little as 60 days, which is the minimum waiting period from the date the suit was filed before a court can grant the divorce.

Contested divorces, however, may take much longer due to discovery, filing of various motions, attendance at hearings, and other legal steps and procedures that may not be necessary in an uncontested divorce.

Cost

Contested and uncontested divorce also differ in cost.

While each case is different, contested divorces will typically cost more than uncontested divorces. This is often due to additional filing fees, court costs, expert witness fees, and other expenses that may not be required in an uncontested divorce. Additionally, for parties who choose to hire legal counsel, attorney fees in a contested divorce can be greater as a result of prolonged litigation.

The Larson Law Office: Trusted Attorneys for Your Uncontested or Contested Divorce in Texas

If you still have questions about uncontested and contested divorce, or you’re not sure which one best suits your needs and goals, The Larson Law Office is here to help.

Husband and wife team Erik and Diana Larson are experienced divorce attorneys practicing in the greater Houston area. We are committed to delivering high quality and individually-tailored legal services to each of our clients, and we hope we have the opportunity to fight for you.

FAQs

Do I Need an Attorney for an Uncontested Divorce in Texas?

No, you are not required to hire an attorney for your uncontested divorce. Nevertheless, having legal representation can be beneficial to your case, regardless of whether the divorce is contested or uncontested.

How Can a Lawyer Help with My Uncontested Divorce?

Even in an uncontested divorce, the parties will still have to formally file for divorce, prepare a divorce settlement agreement, and attend a court hearing before the divorce can be finalized. In these situations, an experienced family law and divorce attorney can help you understand your rights, draft and file your divorce paperwork, negotiate a divorce settlement with your spouse, and prepare for the final divorce hearing.

Should I Pursue a Contested or Uncontested Divorce?

Neither contested nor uncontested divorce is necessarily better than the other. Whether you should pursue a contested or uncontested divorce will be a personal decision that will ultimately depend on your particular needs and goals and the facts and circumstances surrounding your case. If you and your spouse are unable to reach a mutual agreement on all terms of the divorce, you simply will not be able to pursue an uncontested divorce. However, if you are able to come to terms on all underlying issues to be decided in the divorce, an uncontested divorce will be the route to take.

Contested vs Uncontested Divorce