Contested vs. Uncontested Divorce in Texas

 Posted on November 23, 2025 in Divorce

Divorce is not a one-size-fits-all process. In Texas, there are two main types, contested and uncontested. Knowing which one best suits your situation can help you plan ahead and make better decisions. Whether you and your spouse agree on all the details or still have conflicts to work through, our San Antonio, TX divorce lawyers can help guide you through every step and protect your rights.

What Makes a Divorce Contested or Uncontested?

An uncontested divorce happens when you and your spouse agree on every important issue. This includes asset and debt division, as well as custody or child support if you have children. Texas is a "no-fault" divorce state under Texas Family Code §6.001. The law allows you to end your marriage without blaming either spouse on the basis that the marriage has become "insupportable."

A contested divorce happens when you and your spouse disagree on one or more issues. For example, you might not agree on who keeps the house, how to share parenting time, or whether spousal support should be paid. When that happens, the court must get involved and make decisions for you. According to Texas Family Code §6.301, one of you must have lived in Texas for at least six months and in the county where you are filing for at least 90 days before you can file.

Sometimes, a divorce starts as uncontested but becomes contested later. This can happen when one spouse changes their mind or new information comes up about finances or property. Having legal guidance early in the process can help prevent small issues from turning into bigger problems.

What Are the Main Differences Between Contested and Uncontested Divorce?

The biggest differences between contested and uncontested divorces involve time, cost, and stress.

• Timeline: Texas law requires a 60-day waiting period after filing before your divorce can be finalized under Texas Family Code §6.702. An uncontested divorce usually takes little more than that. A contested divorce often takes longer because it may involve court hearings, mediation, or even a trial.

• Cost: Contested divorces are typically more expensive because they require more attorney time and court involvement.

• Control: In an uncontested case, you and your spouse make the decisions. In a contested case, the judge decides what happens after hearing evidence.

• Emotional impact: Contested divorces can cause more stress and tension between both spouses. Uncontested divorces tend to be more peaceful, allowing both people to move forward sooner.

How Can You Avoid a Contested Divorce?

Avoiding a contested divorce often comes down to preparation and communication. The more open and honest you and your spouse are, the easier it is to find solutions. For example, being upfront about your income, debts, and property can prevent arguments later. Working with a neutral mediator can also help.

It also helps to stay focused on the big picture. Divorce can bring up anger and frustration, but focusing on fair and realistic outcomes often leads to better results. Even if you think your case will be simple, talking to a family law attorney early can make a big difference. An attorney can explain your rights, review your paperwork, and ensure your agreement follows Texas law. Taking these steps can help you avoid unnecessary conflict and keep your divorce on track.

Reach Out to a Bexar County, TX Divorce Attorney Today

Every divorce is different, and the right approach depends on your personal situation. Whether your divorce is cooperative or involves disputes, you need an attorney who is committed to protecting your interests. At Brandon Wong & Associates, we provide personalized guidance and strong representation. Our firm was built on hard work, integrity, and a commitment to quality service for every client.

If you are facing a divorce in Bexar County, you do not have to handle it alone. Call 210-201-3832 to schedule a private consultation with our San Antonio, TX divorce lawyers.