Contested vs. Uncontested Divorce in Texas: What You Must Know Before Filing

It was a rainy afternoon in Dallas when Jessica realized her marriage was beyond repair. She had spent months contemplating, weighing her options, and now the only thing left was figuring out how to file for divorce. That’s when her attorney hit her with the question she wasn’t ready for: "Do you want a contested or uncontested divorce?"

You might be wondering, why does this distinction matter so much? A divorce is a divorce, right? Well, not quite. The route you choose—contested or uncontested—could mean the difference between months (or even years) of courtroom drama and a relatively smooth process that leaves both parties on better terms. Before you decide which path to take, let's dive into the key differences, potential costs, and some personal stories that could help you make the right decision.

What is an Uncontested Divorce?

An uncontested divorce is when both spouses agree on all major issues—child custody, property division, spousal support, and other significant factors. This is the simplest and often least expensive way to dissolve a marriage. But make no mistake, just because it’s simpler doesn’t mean it’s easy emotionally. For Jessica, this meant sitting down with her soon-to-be-ex-husband and coming to mutual decisions on their assets and time with their children.

In an uncontested divorce, there’s no need to appear in court multiple times. The paperwork can often be completed online, and the entire process could take as little as 60 days from the time the divorce petition is filed. But here’s the kicker—both parties have to be on the same page. One disagreement can turn an uncontested divorce into a contested one, which comes with its own set of complications and headaches.

The Benefits of an Uncontested Divorce

• Lower costs: On average, an uncontested divorce in Texas costs between $300 and $5,000. Compare this to a contested divorce, which can run up to $15,000 or more.
• Faster process: As long as both parties agree, the divorce can be finalized in as little as 60 days.
• Less stress: The less time spent in courtrooms, the better. It also sets a better tone for co-parenting if children are involved.

But is it always this easy? Jessica thought so, until one small disagreement about who would keep their dog sent them spiraling into a contested divorce.

What is a Contested Divorce?

A contested divorce, on the other hand, is when spouses can't agree on one or more key issues. When this happens, the court must step in to make decisions. And that, my friends, is when things get complicated.

For example, Jessica’s battle over their golden retriever quickly escalated into disagreements over property division, retirement accounts, and child custody arrangements. A contested divorce can drag out for months, even years, depending on the complexity of the case.

Key Features of a Contested Divorce

• Court involvement: Judges make the final decisions, which can feel out of your control.
• Higher costs: Because more time is spent in court and with attorneys, contested divorces can easily exceed $15,000 in legal fees.
• Longer duration: These cases can take six months to several years to resolve, depending on the court’s schedule and the disputes at hand.

Factors to Consider

So, how do you know which route is best for you? Here are some key factors to consider before making your decision:

1. Communication with your spouse: If you and your spouse can have a civil conversation about the division of assets, child custody, and support payments, an uncontested divorce is the way to go. If not, prepare for a contested divorce and a lengthy legal process.

2. Cost: Contested divorces are substantially more expensive due to court fees, attorney charges, and the longer duration. If budget is a concern, consider mediation or negotiating directly with your spouse to avoid a contested divorce.

3. Children: If you have kids, think long and hard about how the divorce proceedings will impact them. Contested divorces often involve drawn-out custody battles, which can be stressful for the entire family.

4. Assets: The more complex your asset portfolio (think real estate, retirement accounts, shared businesses), the more likely a contested divorce will be necessary if you can’t agree on a fair split.

Can You Change From Contested to Uncontested (Or Vice Versa)?

Yes, it’s entirely possible. Some couples start the divorce process as contested but, through mediation or negotiation, resolve their disputes and convert to an uncontested divorce. On the flip side, as we saw with Jessica, even one small disagreement can flip an uncontested divorce into a contested one.

Personal Stories: Lessons From Others

Let’s take Sarah, for instance. She and her husband, Dave, had a relatively smooth separation. They were both on board with who would get the house and how to divide their retirement savings. But when it came to their son’s custody arrangement, things got tricky. Dave wanted equal time, while Sarah wanted primary custody. What started as an uncontested divorce quickly turned into a drawn-out contested case. Eventually, the court decided on a 50-50 custody arrangement—something both parties could’ve agreed upon earlier and saved thousands of dollars in legal fees.

On the other hand, we have Mark and Susan, who managed to keep their divorce uncontested by maintaining open lines of communication. Even though they had disagreements on several issues, they hired a mediator who helped them negotiate without taking the case to court. In the end, they saved money, and more importantly, they preserved a cordial relationship for the sake of their children.

Data Comparison: Costs of Contested vs. Uncontested Divorce in Texas

Type of Divorce	Average Cost	Time to Finalize	Court Involvement
Uncontested	$300 - $5,000	2-6 months	Minimal
Contested	$15,000+	6 months - 2 years	Significant

Final Thoughts

Divorce is never easy, but understanding whether you’re in for a contested or uncontested battle can make all the difference. It’s not just about saving money—it’s about saving yourself from the emotional toll of a prolonged legal fight. If possible, aim for an uncontested divorce. It’s quicker, cheaper, and less damaging for all involved. But if you’re already at odds with your spouse, it’s better to prepare for a contested process and hire the right legal team to advocate for your needs.

The choice is yours, but remember: a smoother path is often the one where both parties work together, even when their marriage didn’t.