What Is the Difference Between Contested and Uncontested Divorces?
If you’re considering divorce in Texas, one of the first questions you’ll encounter is whether your divorce is contested or uncontested.
While the terms sound straightforward, the legal and emotional differences between the two are significant. They have a big impact on how long your divorce takes, how much it costs, and how much control you retain over the outcome.
Here’s what you need to know to understand the difference and how to decide which path your divorce may take.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all major issues involved in the divorce before going to court. This includes:
Division of property and assets
Child custody and visitation
Child support
Spousal support (if any)
No major disputes, no trial, no drawn-out litigation.
Uncontested divorces are typically faster, less expensive, and less emotionally draining than contested divorces. In most cases, the couple files a written agreement with the court, attends a brief hearing (or none at all), and receives a final divorce decree with minimal delay.
Benefits of an Uncontested Divorce:
Lower legal fees
Faster resolution (as little as 60 days in Texas)
Greater privacy and less conflict
More control over the outcome
However, uncontested does not mean informal. The agreement must still comply with Texas law, be properly documented, and be approved by a judge, especially when children are involved.
What Is a Contested Divorce?
A contested divorce happens when spouses cannot agree on one or more key issues. This may involve:
A disagreement over how to divide property
A custody battle
One spouse contesting the divorce itself
Disputes over spousal or child support
In these cases, the court becomes more involved. The process may include discovery, mediation, temporary hearings, and possibly a trial. This type of divorce is often more time-consuming, expensive, and emotionally charged.
Reasons a Divorce Becomes Contested:
Unequal financial power between spouses
Disagreements about parenting time or decision-making
Allegations of misconduct (e.g., infidelity, hiding assets)
Tension over high-value assets or family-owned businesses
Contested divorces don’t necessarily mean the couple hates each other. But they do indicate that at least one issue requires judicial intervention to resolve.
Can a Divorce Start as Contested and Become Uncontested?
Yes. Many divorces begin with disputes, but through negotiation or mediation, spouses eventually reach agreement. In fact, most contested divorces settle outside of court once both parties understand the legal and financial realities.
An experienced attorney can help move the case toward settlement where possible and be ready to go to trial if it’s not.
Which Type of Divorce Is Right for You?
Here are a few questions to consider:
Do you and your spouse already agree on the major issues?
Are you both willing to compromise and negotiate in good faith?
Do you trust each other to be honest about finances and parenting?
Are there safety concerns, power imbalances, or complex assets involved?
If you and your spouse are on the same page, an uncontested divorce may save you time and stress. But if there are serious disagreements or concerns about fairness, a contested divorce may be necessary to protect your interests.
How LDG PLLC Can Help
Whether your divorce is uncontested or contested, you deserve clear guidance and strong legal advocacy. At LDG PLLC, we help clients navigate every stage of the divorce process, from drafting custom agreements to representing you in court when necessary. And if truly uncontested, we offer a flat fee option to take care of and ensure a custom agreement that is legally binding.
We understand that no two families are alike. We take the time to listen, assess your priorities, and tailor a strategy that aligns with your goals.
Not sure what kind of divorce you're facing?
Contact LDG PLLC for a consultation and get the legal clarity you need to move forward with confidence.