Uncontested vs. Contested Divorce in Texas: Which Is Right for You?
When you file for divorce in Texas, one of the most important decisions you’ll face is whether your case will be uncontested or contested. This choice affects nearly every aspect of your case — the timeline, cost, stress level, privacy, and even your relationship with your co-parent. Understanding the differences will help you choose the path that best protects your interests while minimizing unnecessary conflict. And when you are ready to take that step and file for divorce, here is our how-to-guide giving you an overview of the process.
Uncontested Divorce – The Streamlined Path
An uncontested divorce is the closest thing Texas offers to a “fast-track” divorce. It’s possible only when you and your spouse agree on every key issue, including:
Property division – How assets, debts, and real estate will be divided.
Child custody & visitation – Conservatorship, possession schedules, and decision-making rights.
Child support & spousal support – Payment amounts and duration.
Requirements:
Complete agreement on all issues.
Full and honest financial disclosure from both parties.
Cooperation in preparing, signing, and filing required documents.
Advantages:
Faster resolution – Often finalized in just over the Texas mandatory 61-day waiting period.
Lower cost – Fewer billable hours and court appearances mean lower legal fees.
Reduced emotional toll – Less confrontation helps maintain a more peaceful environment, especially important if children are involved.
Greater privacy – Because there are fewer hearings, less personal information becomes part of the public record.
Contested Divorce – When Disagreements Must Be Resolved in Court
A contested divorce becomes necessary when you and your spouse cannot agree on one or more significant issues, such as custody arrangements, visitation schedules, or parental decision-making authority; Or how to divide complex assets, businesses, or high-value property; Or whether and how much spousal maintenance should be paid.
Potential Drawbacks:
Longer timeline – Complex disputes can stretch the case for many months or even years.
Higher cost – More court appearances, discovery, expert witnesses, and attorney time all increase expenses.
Greater emotional strain – Ongoing conflict can make co-parenting more difficult and increase stress for everyone involved.
Less privacy – More hearings mean more personal and financial details on the public record.
Key Differences at a Glance
Think of it this way: an uncontested divorce is generally quicker (often 2–3 months) and more affordable, while a contested divorce typically lasts 6 months to 18 months or longer and costs significantly more. Uncontested cases tend to be calmer, private, and less stressful, while contested cases are often more intense, involve heavier court involvement, and can expose more personal information.
Making the Right Choice
If you and your spouse are willing to cooperate, even with the help of mediation, an uncontested divorce can save you time, money, and emotional energy. But when there are major disagreements or serious concerns about fairness, safety, or financial security, a contested divorce may be the only way to ensure your rights are fully protected.
These two options are not set in stone either. A divorce that begins uncontested can devolve as disagreements arise and your divorce becomes contested; Likewise, you can begin a divorce with wide disagreements and eventually come to an understanding. If you are thinking of filing for divorce please check out our pre-divorce checklist to ensure you have done everything to protect your interest.
The Mendez Law Group can help you evaluate your options and choose the most efficient path forward. Contact us today to speak with an experienced Texas divorce attorney.
