The divorce process in Texas can vary significantly depending on whether you and your spouse are able to resolve key issues. While you don’t choose whether your divorce is contested or uncontested at the time of filing, the path your case takes will ultimately depend on whether both parties can reach an agreement. If you and your spouse are aligned on major decisions, your divorce may remain uncontested. However, if disagreements arise and cannot be resolved, the divorce becomes contested.
Understanding the difference between a contested divorce vs. an uncontested divorce in Texas can help you navigate the legal process more confidently and plan for what lies ahead.
What Is an Uncontested Divorce in Texas?
An uncontested divorce in Austin occurs when both spouses are able to agree on all major issues, such as property division, child custody, child support, and spousal maintenance. When there are no unresolved disputes, the process is typically faster, less expensive, and more private. Couples who can communicate effectively and collaboratively often find the uncontested route far less stressful.
What Is a Contested Divorce in Texas?
A divorce becomes contested when the parties are unable to agree on one or more significant issues. These may include disagreements about custody arrangements, asset division, or financial support. Contested divorces require more time and resources because they involve formal legal procedures such as discovery, court hearings, mediation, and potentially trial. A judge will make final decisions on any unresolved matters if the parties cannot settle out of court.
Key Differences Between Contested Divorce vs. Uncontested Divorce
Here are some of the main differences that emerge depending on whether a divorce remains uncontested or becomes contested:
1. Time and Duration
- Uncontested Divorce: Typically resolved within 2-6 months, assuming the 60-day waiting period passes without issues. Some uncontested cases in Texas can be finalized shortly after the 60-day waiting period required by law.
- Contested Divorce: May take 12 months or longer, depending on the complexity of the case, the court’s schedule, and whether the case goes to trial.
2. Cost
- Uncontested Divorce: Legal fees are often lower because fewer attorney hours are needed.
- Contested Divorce: Legal fees can become significant due to the extensive work involved, especially in high-conflict cases.
3. Privacy
- Uncontested Divorce: Agreements are filed with the court, but much of the negotiation happens outside of public view. In some cases, agreements are also able to be kept confidential or can be sealed from the public.
- Contested Divorce: Court filings, hearings, and even the trial are public record, potentially exposing sensitive financial and personal information.
4. Control Over the Outcome
- Uncontested Divorce: Couples maintain more control by negotiating their own terms.
- Contested Divorce: A judge may impose terms neither party is fully happy with.
5. Emotional Impact
- Uncontested Divorce: Can reduce conflict and allow for more amicable co-parenting.
- Contested Divorce: Often increases hostility, especially if children are involved.
Understanding these differences between contested divorce vs. uncontested divorce helps couples make more informed choices based on their relationship, communication, and goals for the future.
Why a Divorce May Become Contested
There are several reasons a divorce may become contested in Texas, even if it started off amicably:
- Child Custody Disputes: Parents may disagree about who should have primary custody, parenting time, or decision-making rights.
- Property Division Conflicts: Dividing marital assets — including real estate, retirement accounts, and businesses — can lead to disputes, especially if one spouse believes assets are being hidden or undervalued.
- Disagreements Over Spousal Support: When spousal maintenance (similar to alimony) is requested, spouses may disagree on whether it’s appropriate, how much should be paid, or for how long.
- Suspicions of Hidden Assets or Financial Misconduct: If one spouse suspects the other is hiding money, transferring property, or manipulating finances, contesting the divorce helps uncover the truth through formal discovery.
- Fault-Based Divorce Claims: Texas is a no-fault divorce state, meaning spouses can file for divorce without proving either party was at fault. That being said, Texas law gives spouses the option to pursue a divorce based on specific fault grounds, including adultery, cruel treatment, or abandonment. When this happens, the accused spouse may challenge these claims to protect their reputation and financial interests, as fault can impact property division and spousal maintenance.
- Power Imbalances or Coercion: In marriages with a history of financial control, emotional abuse, or coercion, contesting the divorce can help ensure a fair outcome and equal legal representation.
- Personalities: If one spouse is a narcissist or has a high-conflict personality, sometimes court is unavoidable. It’s extremely difficult for those individuals to come to a reasonable agreement, so going to court may be the best option to get optimal outcomes.
Navigating Contested vs. Uncontested Divorce in Texas
At Deyerle Silva Smith, PLLC, we understand that no two divorces are alike. Whether your case remains uncontested or becomes contested due to unresolved issues, our Austin divorce and family law attorneys are here to guide you with experience and compassion. We handle everything from peaceful settlements to high-conflict litigation and will advocate for your best interests every step of the way.
If you’re ready to take the next step, contact our team today to schedule a consultation. Our team will work with you to find the best path forward and help you confidently begin your next chapter.