Understanding the Difference Between Contested and Uncontested Divorce in Texas

This is exactly what it sounds like. The marriage is ending in an uncontested manner—meaning without argument or disagreement from either party. Both spouses agree on all aspects of the uncontested divorce.

Yes, an uncontested divorce is an option, even if the case involves a child under the age of 18.

In these cases, all major child issues are agreed upon as in an uncontested divorce, including parental rights and duties; the child’s residential geographic restriction, if any; child support; medical support; and child visitation and access.  This may be a viable option for families who seek an uncontested divorce but have minor children.

In the State of Texas, contested divorce cases are either resolved by a judge trial, or by a jury trial. A contested divorce occurs when two parties cannot agree on one or more fundamental issues in the divorce. These proceedings tend to be more drawn out than uncontested cases. They usually summon greater costs, both emotionally and financially, for both parties.

The proceedings may include a trial, mediation, and/or arbitration. A judge or jury ultimately resolves the issues in a contested divorce case, so both parties lose much of their control in the resolution of their case, in comparison to an uncontested divorce.

Under Texas State law, uncontested divorces typically move through the system rather quickly. Most of the actual work required for both spouses to reach an agreement on their divorce terms takes place outside of the courtroom.

Usually, at least one spouse will have to go in front of the judge to answer questions. This is known as a “prove up” hearing. The judge will want to know that both parties truly and fully understand the consequences of their actions. 

In general, court proceedings may vary between Texas counties, and between cases. 

Once the paperwork is filed and the filing fees are paid, there is a mandatory 60-day waiting period. This is also sometimes deemed a “cooling-off period” before a divorce can be completed. 

This is required even when going to court for an uncontested divorce. After this waiting period, there is a final hearing, or “prove up” to finalize the process. If granted, the judge signs a Final Decree of Divorce to officially dissolve the marriage.

From this point, both parties are no longer married to each other in the eyes of the law. They are separate entities, legally and financially, and are bound under the terms of the divorce agreement. 

State laws vary, but after a divorce in Texas, both parties are ineligible to enter a new marriage for at least 31 days.