Contested vs. Uncontested Divorce in Texas

Divorce in Texas generally follows one of two paths. Contested or uncontested.

For many people, these labels are confusing. They sound simple, but they aren’t. In reality, they shape nearly every part of the Texas divorce process, from how decisions are made to how much court involvement is required.

Understanding the difference early matters. It affects how long your case may take, how much conflict you may face, and how much control you and your spouse retain over the outcome.

The right approach depends on the facts of your case. Not personal preference alone. Financial complexity, custody concerns, and communication between spouses all play a role. Many divorces also take unexpected turns as new issues arise. What begins as contested may later be resolved through agreement. Others move in the opposite direction.

At Mims Ballew Hollingsworth, we help clients in Fort Worth and Southlake evaluate the right strategy from the start. Especially when significant assets, business interests, or complex custody issues are involved.

What Does an Uncontested Divorce Mean?

An uncontested divorce means both spouses agree on all required issues before the divorce is finalized.

This is often called an agreed divorce in Texas.

In an uncontested case, the focus is on having a full agreement in place before final court approval. All major decisions are resolved ahead of time, which allows the case to proceed without active disputes.

The agreement must cover:

• Property division
• Child custody and visitation
• Child support
• Spousal maintenance, if applicable

Once terms are agreed upon, the divorce settlement agreement is drafted and submitted to the court. Even in an uncontested divorce, the court must approve the agreement. A judge reviews the paperwork to ensure it complies with Texas law and protects the best interests of any children involved.

Uncontested does not mean simple in every case. It does not mean legal guidance is unnecessary. High-asset divorces, business ownership, and complex financial arrangements often require careful drafting and detailed review to avoid future disputes.

What Does a Contested Divorce Mean?

A contested divorce means one or more issues are disputed.

Common contested issues include:

• Child custody and parenting time
• Division of property and debt
• Business valuation
• Spousal maintenance or child support

Disputes do not automatically mean a case will end up in court. In many contested divorces, the focus is first on resolving disagreements outside the courtroom.

Attorneys typically begin by exchanging information and financial disclosures. This helps both sides understand the full picture. From there, negotiations may take place between counsel to narrow the issues and explore possible agreements.

Mediation is another common avenue for resolution. A neutral third party works with both spouses to help reach a voluntary settlement. Divorce mediation can be effective even in complex or high-asset cases when both sides are willing to participate in good faith.

If disputes remain unresolved, the case may move into divorce litigation. This can involve formal discovery, court hearings, and motions. A trial is possible, but many cases settle before reaching that stage.

Many divorces begin as contested. That is normal. Over time, some disputes are resolved through negotiation or mediation, allowing the case to proceed as an agreed divorce.

If litigation becomes necessary, working with an experienced Fort Worth divorce lawyer or Southlake divorce lawyer can make a meaningful difference.

Key Differences Between Contested and Uncontested Divorce

The difference between contested and uncontested divorce often comes down to four areas.

Timeline. Texas law requires a minimum 60-day waiting period from filing to finalization. An uncontested divorce may be finalized shortly after that period ends. A contested divorce may last several months or longer. The divorce timeline in Texas depends on the issues involved, the court’s schedule, and whether or not a settlement is reached.

Cost. The cost of divorce in Texas varies. Contested cases usually cost more due to court involvement and extended negotiations.

Court involvement. Uncontested divorces require limited court appearances. Contested divorces involve active court oversight.

Complexity. Contested cases tend to be more demanding emotionally and procedurally.

Can a Divorce Start Uncontested and Become Contested?

Yes. Disagreements may arise after:

• Financial disclosures are exchanged
• Custody schedules are tested
• Emotions change as reality sets in

Many divorces start contested and may become uncontested once issues are resolved. Others move in the opposite direction.

An adaptable legal strategy matters. Your attorney must be prepared for negotiation and litigation.

Uncontested Divorce: Who Is It Right For?

An uncontested divorce is more likely when both spouses are able to communicate effectively and approach the process with similar goals.

This often includes marriages where financial information is clear and transparent, and neither spouse feels disadvantaged during negotiations. Couples with shorter marriages, fewer shared assets, or no minor children may find it easier to reach an agreement.

Uncontested divorces can also occur in higher-asset marriages. This is more common when both spouses are focused on privacy, efficiency, and long-term financial stability. In these cases, careful negotiation and detailed legal guidance are critical to ensure agreements are fair and enforceable.

What matters most is not the type of couple, but the ability to exchange information honestly and make decisions without pressure. When those conditions exist, an uncontested path may be realistic.

When an Uncontested Divorce May Not Be Appropriate

An uncontested divorce may not be appropriate when:

• There is a power imbalance between spouses
• Assets are complex or high value
• There are concerns about hidden income or property
• Parenting issues are disputed

In high net-worth cases, early agreement without full information can create serious financial risk. Our team regularly handles complex asset division through our Fort Worth high-net-worth divorce lawyer practice.

How MBH Helps With Both Contested and Uncontested Divorces

At Mims Ballew Hollingsworth, every case begins with a strategic evaluation.

We focus on resolution when appropriate. We are always prepared for litigation.

Our attorneys collaborate on cases. This shared approach allows us to apply collective experience to complex problems. Clients benefit from deeper analysis and stronger preparation.

We also work closely with clients in mediation when it makes sense. Learn more about our mediation attorney services.

If you are considering divorce and need clear guidance, we can help. Schedule a confidential consultation today.

Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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