Divorce in Texas can take different paths depending on your level of agreement. Understanding the difference can help you prepare for what lies ahead.
What defines each type of divorce
An uncontested divorce means you and your spouse agree on all key terms. These include property division, child custody, support and debt.
A contested divorce occurs when at least one issue remains unresolved. In that situation, the court must step in to decide the outcome.
Key differences that affect your case
The main distinctions can shape how your divorce unfolds. Here’s what you need to consider:
- Agreement: Both spouses resolve all issues without court involvement.
- Timeline: Uncontested cases may conclude shortly after the 60-day waiting period.
- Cost: Fewer disputes often mean lower legal expenses.
- Control: You retain decision-making authority instead of a judge.
These factors can influence how quickly and smoothly your case progresses.
How uncontested divorce works
You and your spouse submit a written agreement that outlines all terms. The court reviews the paperwork and may finalize the divorce without hearings.
This process often reduces conflict. It may also help you maintain more privacy since fewer details enter the public record.
How contested divorce works
A contested divorce involves formal legal procedures. These may include discovery, temporary hearings, mediation and trial. Common areas of dispute include:
- Child custody: Disagreements over parenting time or decision-making.
- Property division: Conflicts about asset value or distribution.
- Support: Disputes involving financial obligations.
If no agreement is reached, a judge issues a final decision. This can increase both the timeline and overall cost.
Understanding timing requirements
Texas Family Code § 6.001 requires a minimum 60-day waiting period before a divorce can be finalized. This rule applies even when both spouses agree on all terms.
This waiting period can affect how quickly you can complete the process, regardless of the type of divorce you pursue.
Speak with an attorney about your options
Every divorce involves unique circumstances. An attorney can help you understand your rights and evaluate whether a contested or uncontested approach fits your situation.