What's the difference between a contested and uncontested divorce in Texas?

In Texas, as in most jurisdictions, you can eFile a petition for both uncontested and contested divorce. The terms "contested divorce" and "uncontested divorce" refer to two different types of divorce proceedings, distinguished by the level of agreement between the spouses regarding the terms of the divorce. Here's an overview of the differences between the two:
Uncontested Divorce
  • An uncontested divorce occurs when both spouses reach an agreement on all relevant issues without the need for a court trial.
  • The spouses collaborate to understand and agree on matters such as property division, child custody and visitation, child support, spousal support (alimony), and any other relevant issues.
  • Once an agreement is reached, the spouses submit a joint petition for divorce along with a written settlement agreement to the court.
  • Uncontested divorces are typically faster, less expensive, and less emotionally draining compared to contested divorces.
Contested Divorce
  • A contested divorce happens when spouses cannot reach an agreement on one or more important issues, necessitating court intervention to resolve the disputes.
  • The disagreements in a contested divorce can relate to various aspects of the divorce, such as property division, child custody, visitation rights, child support, and alimony.
  • When the spouses cannot agree on these matters, they may need to undergo a court trial where a judge makes decisions based on the evidence and arguments presented by both parties.
  • Contested divorces can be more time-consuming, expensive, and emotionally draining due to the legal proceedings and potential conflicts involved.
In both contested and uncontested divorces, the process begins with one spouse filing a divorce petition in the appropriate Texas court. After the initial filing, the divorce process follows different paths depending on the level of agreement between the parties.
It's worth noting that even if a divorce begins as contested, it's possible for the spouses to reach an agreement during the proceedings, turning it into an uncontested divorce. Conversely, an uncontested divorce can become contested if disputes arise during the negotiation process.
Regardless of whether a divorce is contested or uncontested, consulting with an attorney who specializes in family law is recommended to ensure that one's rights and interests are properly represented throughout the divorce process.