Close-up of a person sitting down and taking off their wedding ring, suggesting the concept of divorce or separation.

Divorce is a challenging and often painful process, but sometimes it’s a necessary step towards a better future. In Texas, there are two primary types of divorce: uncontested and contested. Understanding these differences can help you make informed decisions about your own situation.

What is an Uncontested Divorce?

An uncontested divorce, also known as an agreed divorce, is where both parties reach a mutual agreement on all terms and conditions before involving an attorney. Key aspects that need agreement in an uncontested divorce include:

  • The division of property
  • Responsibility for legal fees
  • Parenting decisions if children are involved
  • The amount of child support
  • Who will pay for the child’s health insurance
  • How debts will be divided

For an uncontested divorce to proceed, both parties must agree on these issues. Additionally, the other spouse must sign a waiver of service, which is an acknowledgment of receiving the divorce petition without the need for formal service by a process server or constable. It is not an agreement to the terms of the divorce. If there’s even one area of disagreement, you’ll need to file for a contested divorce instead.

What is a Contested Divorce?

A contested divorce occurs when the parties cannot agree on all the terms and conditions. This type of divorce can be lengthier and more stressful, as it involves negotiation and possible litigation over the terms.

Addressing Common Questions

1. What happens if a divorce is contested in Texas? In a contested divorce, disagreements often lead to court hearings and legal negotiations.

2. How long does it take to finalize a non-contested divorce in Texas? Typically, it can be finalized within 60-120 days after the mandatory 60-day cooling-off period.

3. Do uncontested divorces go to court in Texas? These typically require minimal court involvement, as both parties agree on all terms.

Additional Information

  • Legal Grounds for Divorce in Texas: Include insupportability, adultery, cruelty, and other grounds.
  • Community Property State: Emphasize the division of property acquired during the marriage.
  • No Legal Separation: Note that Texas does not recognize legal separation.


Whether an uncontested or contested divorce is right for you depends on your circumstances.

To retain an experienced Texas divorce lawyer for your divorce or child custody case in DallasDentonCollin or Rockwall County, please schedule a consultation with us today.