Divorce in Texas does not look the same for everyone. Some couples find that they agree on nearly everything, while others face disputes that must be resolved by a judge. The main difference lies in whether the divorce is uncontested or contested. Knowing how these two paths work can help you prepare for the journey ahead.
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Learn MoreUnderstanding an Uncontested Divorce in Texas 
An uncontested divorce is often the simplest and least stressful route. It happens when both spouses reach agreement on every major issue. These issues typically include division of property, division of debts, child custody schedules, child support amounts, and spousal support if needed. Because there is agreement, the court usually does not have to make major decisions. Instead, the judge reviews the agreement to ensure it is fair and legal, and then finalizes the divorce.
Uncontested divorces move more quickly because there are fewer hearings. In Texas, there is a mandatory 60 day waiting period after the divorce petition is filed. For uncontested divorces, the case can often be finalized shortly after this waiting period ends. This makes uncontested divorces attractive for couples who want closure without drawn out disputes.
Costs are generally much lower in uncontested divorces. Since the parties agree, there is little need for extended negotiations, discovery of evidence, or expert testimony. Attorney fees are minimized, and filing fees are often the largest expense. For families with limited assets or couples who communicate effectively, an uncontested divorce provides a faster and less costly solution.
Understanding a Contested Divorce in Texas
A contested divorce occurs when spouses cannot agree on one or more critical issues. These disagreements may involve who should remain in the marital home, how to divide retirement accounts, or what type of custody arrangement is best for the children. Because no agreement is reached, the court must step in to resolve the disputes.
Contested divorces involve more steps. There may be discovery, where each side exchanges information and documents. Hearings may be scheduled for temporary orders about custody or financial support. If disputes continue, the case proceeds toward trial, where a judge makes the final decision. This process can be lengthy and complex.
Because of the added steps, contested divorces are more expensive. Attorney fees accumulate with each court appearance and motion filed. Expert witnesses such as appraisers or child psychologists may be required. The emotional cost is also higher. The disputes are resolved in a courtroom, which can create tension and stress for both spouses and their children.
Time Differences Between Contested and Uncontested Divorce
Time is one of the most noticeable differences between these two types of divorce. Texas requires a minimum of 60 days before a divorce can be finalized. In uncontested cases, this minimum often represents the entire waiting period. Many uncontested divorces are complete within two to three months.
Contested divorces, however, can take much longer. When spouses cannot agree, the case may take several months or even years. The exact timeline depends on the number of disputes, the court’s schedule, and the willingness of each spouse to negotiate. Families involved in contested divorces should be prepared for a slower process.
Financial Impact of Divorce in Texas
The financial burden also differs greatly between contested and uncontested divorces. An uncontested divorce often requires fewer billable hours from an attorney. Legal fees remain relatively modest, and there are fewer additional expenses.
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In contrast, contested divorces can be very costly. Each step in the process, from filing motions to attending hearings, increases expenses. Disputes over property or custody may require financial experts, forensic accountants, or custody evaluators. For families with significant assets or complex situations, costs can rise quickly.
Impact on Children in Divorce Cases
When children are involved, the choice between a contested and uncontested divorce takes on greater importance. In uncontested divorces, parents work together to design parenting plans and visitation schedules. This cooperation often reduces stress for children, who benefit when their parents present a united front.
In contested divorces, disagreements about custody and support may be decided in court. Judges always base custody decisions on the best interests of the child, but the process can feel adversarial. Children may experience stress as parents argue over where they will live and how much time they will spend with each parent.
The Role of Mediation in Divorce
Mediation is one way to bridge the gap between contested and uncontested divorces. In mediation, a neutral third party helps spouses work toward compromise. Courts in Texas often encourage or require mediation before scheduling a trial.
Mediation allows couples to maintain some control over the outcome. Instead of leaving every decision to a judge, spouses can negotiate solutions that fit their family’s needs. Successful mediation can turn a contested divorce into one that is partially or fully uncontested, saving time and money while reducing conflict.
Legal Guidance Is Essential
No matter which type of divorce you face, the guidance of an experienced attorney is vital. Even in an uncontested case, mistakes in agreements or overlooked details can cause serious problems later. An attorney ensures that the agreement is fair, legally enforceable, and protects your rights.
In contested divorces, legal counsel is even more important. Attorneys present arguments, gather evidence, and advocate for your best interests. Without representation, you may face an uphill battle in protecting your finances, property, and parental rights.
Which Type of Divorce is Right for You
The right approach depends on your situation. Couples who can communicate effectively and reach fair agreements often benefit from an uncontested divorce. This path is less costly, less stressful, and faster.
Couples who face significant disagreements or complex issues may need to pursue a contested divorce. While this path takes longer and costs more, it may be the only way to resolve disputes and protect what matters most.
How McCarty-Larson PLLC Can Help
At McCarty-Larson PLLC, we guide clients in Midlothian and across Texas through both contested and uncontested divorces. We understand the emotional and financial challenges you face, and we are committed to protecting your interests at every stage. Our team helps clients with property division, child custody disputes, child support, and other family law matters.
If you are considering divorce, contact McCarty-Larson PLLC today. Call us to schedule your consultation and learn about your options.
