Uncontested vs Contested Divorce in Texas

Filing for divorce in Texas? The single most important factor determining your timeline, costs, and stress level is whether your divorce is uncontested (both parties agree on all issues) or contested (one or more issues are disputed). Even if you agree on most things but disagree on a single major issue like child custody, property division, or spousal support, your divorce is considered contested—with dramatically different requirements, costs, and timelines. Knowing whether to pursue online or traditional divorce can help you navigate these options more effectively.

Understanding the differences between these two tracks helps you set realistic expectations, budget appropriately, and choose the right approach for your situation. Both types follow Texas's no-fault "insupportability" ground and require the same 60-day waiting period and residency requirements, but the path from filing to final decree differs significantly.

Quick Comparison: Uncontested vs Contested

What is an Uncontested Divorce?

An uncontested divorce means you and your spouse agree on all major issues, including:

• Division of marital property and debts
• Child custody and visitation schedules (if applicable)
• Child support amounts and payment terms
• Spousal support (alimony) arrangements

In an uncontested divorce, you typically file an Original Petition for Divorce, obtain a Waiver of Service from your spouse (avoiding formal service), and submit a Final Decree of Divorce detailing your agreements. Many uncontested cases require only a short "prove-up" hearing where the judge reviews your paperwork and signs the decree. Texas's minimum 60-day waiting period still applies, but uncontested cases often finalize in 60-90 days total.

For the simplest cases—no children and no real property—Texas offers Supreme Court-approved forms that make DIY divorce more accessible. Even with children or property, uncontested divorce remains significantly faster and cheaper than contested proceedings.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues. Common disputes include:

• Child custody arrangements and decision-making authority
• Parenting time schedules and possession orders
• Division of complex assets (real estate, businesses, retirement accounts)
• Spousal maintenance duration and amounts
• Child support calculations when incomes are disputed

Contested divorces involve significantly more court involvement. You'll likely file motions for temporary orders to establish temporary custody, support, and property control during the case. Discovery procedures (interrogatories, depositions, document requests) gather financial information and evidence. Texas courts often require mediation before trial, and if mediation fails, the case proceeds to a final hearing or trial. The process averages 12-18 months but can extend to 2+ years for complex cases.

Cost Comparison

Uncontested Divorce Costs

• Filing fee: $250-$400 (varies by county)
• Service costs: $0 (waiver) to $100 (process server)
• Online divorce services: $150-$750 (DIY filing assistance)
• Attorney fees (optional): $1,500-$3,500
• Total typical range: $300-$5,000

Contested Divorce Costs

• Filing fees: $250-$400 (same as uncontested)
• Attorney retainer: $5,000-$7,500 upfront (covers temporary orders phase only)
• Attorney hourly rates: $130-$415/hour (higher in major cities: $200-$500)
• Discovery costs: Depositions, subpoenas, expert witnesses
• Mediation: $100-$300/hour (often required by courts)
• Total average: $15,600 (no kids) to $23,500 (with kids); complex cases $40,000-$50,000+

Timeline Comparison

Uncontested: Texas requires a mandatory 60-day waiting period from filing before the divorce can be finalized. Most uncontested cases complete in 60-90 days total. Cases with moderate complexity may take up to 4 months depending on court scheduling and paperwork finalization.

Contested: Expect 12-18 months on average if the case goes to trial on at least one issue. Complex custody disputes, business valuations, or significant asset divisions can extend the timeline to 2+ years. Discovery deadlines, mediation scheduling, and court trial calendars all add delays.

Paperwork Comparison

Uncontested Required Forms

• Original Petition for Divorce (initiates the case)
• Civil Case Information Sheet (required by courts)
• Waiver of Service (signed by spouse, notarized)
• Final Decree of Divorce (settlement agreement)
• Report of Divorce (VS-165) for Vital Statistics Unit

For cases without children and no real property, Supreme Court-approved forms are available through the Texas State Law Library, making DIY divorce more accessible.

Contested Additional Forms

• Standing Orders or Temporary Restraining Orders (protect assets/children during case)
• Motion for Temporary Orders (request temporary custody, support, property control)
• Discovery requests (interrogatories, requests for production, requests for admission)
• Mediated Settlement Agreement (if mediation successful)
• Proposed trial exhibits, witness lists, trial briefs

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total divorce costs based on whether your case is uncontested or contested, including filing fees, attorney costs, and potential additional expenses.

Choosing Your Track

Important: You cannot simply "choose" contested divorce. If you and your spouse genuinely agree on all major issues, your divorce is uncontested by definition. However, if even one significant issue is disputed, your case becomes contested regardless of your preference.

Start uncontested, stay uncontested: Even if your divorce starts contested, you can convert to uncontested at any time by reaching full agreement. Many cases settle during mediation or after temporary orders provide clarity on likely outcomes. Texas law recognizes Mediated Settlement Agreements (MSAs) as binding if they meet statutory formalities—prominently stating the agreement is "not subject to revocation" and signed by both parties and any attorneys present. Exploring ways to reduce divorce costs can make the uncontested path more accessible.

Community property considerations: Texas is a community property state, meaning the court divides the "estate of the parties" in a manner deemed "just and right" (not necessarily 50/50). Understanding how Texas treats separate property (pre-marriage assets, gifts, inheritances) versus community property can help you negotiate a fair settlement and avoid contested litigation.

Frequently Asked Questions

Can I file for uncontested divorce if my spouse won't cooperate?

If your spouse refuses to participate, you can proceed with a default divorce. Your spouse has 20 days (plus the following Monday at 10 a.m.) to respond after service. If they don't respond, you can request a default judgment. This is still considered uncontested because there are no active disputes—your proposed settlement simply becomes the decree by default.

Do both types require the same residency and waiting periods?

Yes. Both uncontested and contested divorces require: (1) one spouse be a Texas domiciliary for 6 months + resident of the filing county for 90 days, and (2) a mandatory 60-day waiting period from filing to final decree (with narrow family-violence exceptions). These requirements are identical regardless of divorce type.

Can a contested divorce become uncontested later?

Absolutely. Many contested cases settle during mediation, after temporary orders, or even on the courthouse steps before trial. Once you reach full agreement, you file a Final Decree of Divorce (or Mediated Settlement Agreement) and proceed as uncontested. This saves significant time and money compared to going to trial.

Do I need a lawyer for an uncontested divorce in Texas?

No, but optional legal review is wise. Texas allows self-representation (pro se), and many people successfully complete uncontested divorces DIY using Texas State Law Library forms and online services. However, having an attorney review your settlement agreement ensures you understand property division implications, child support calculations, and your long-term rights.

Make the Right Choice for Your Situation

The fundamental difference between uncontested and contested divorce comes down to agreement. If you and your spouse can work together to resolve all major issues—property division, custody, support—you'll save thousands of dollars and finish in a fraction of the time compared to going to court. Even if your case starts contested, pursuing settlement through mediation or negotiation dramatically improves outcomes and reduces costs.

For detailed guidance on Texas divorce procedures, visit the Texas State Law Library divorce guide for official forms, instructions, and legal resources.