When considering divorce in Texas, one of the first questions to ask is whether your case will be contested or uncontested. The answer can significantly affect the time, cost, and emotional toll of the process.
At Haugen Law Firm, P.C. we help clients understand their options clearly—so they can make informed decisions and move forward with confidence. Let’s break down the difference between contested and uncontested divorce in Texas.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all terms of the divorce, including:
- Division of property and debts
- Child custody and visitation (if applicable)
- Child support
- Spousal support (if any)
In an uncontested case, the couple works together—sometimes with a mediator or attorney—to finalize the terms and submit them to the court for approval.
Pros of Uncontested Divorce:
- Faster resolution (often finalized shortly after the 60-day waiting period)
- Lower legal fees and court costs
- Less emotional stress and conflict
- Greater privacy and control over the outcome
Is an Attorney Still Needed in an Uncontested Divorce?
Even in uncontested cases, it’s smart to have an attorney review your agreement to ensure it’s fair, enforceable, and fully protects your rights.
What Is a Contested Divorce?
A contested divorce happens when the spouses disagree on one or more key issues, such as:
- Who gets the house
- How to split retirement or business assets
- Child custody arrangements
- Allegations of fault (adultery, cruelty, etc.)
These cases often involve court hearings, discovery (exchanging information), mediation, and potentially even a trial if a resolution can’t be reached.
Common Reasons for Contested Divorce:
- Complex assets or debts
- High-conflict parenting situations
- One spouse hiding assets or being uncooperative
- Differing opinions on what’s “fair”
Why Legal Representation Matters:
In a contested divorce, your rights, finances, and future are on the line. Having an experienced Texas family law attorney ensures your case is presented clearly and persuasively in court.
Which One Applies to You?
Your divorce may start off contested but resolve uncontested through informal negotiation or mediation. It is common to believe it’s uncontested—until an unexpected disagreement arises. The key is to work with legal counsel who can adapt and advocate for your best interests no matter how the case evolves.
Need Guidance with Your Texas Divorce?
At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!