Ending a marriage is rarely easy, but the legal process can vary widely depending on whether the divorce is contested or uncontested. In an uncontested divorce, both spouses agree on all major issues such as property division, child custody, and support, while a contested divorce involves unresolved disputes that must be negotiated or decided by a judge.

The distinction between the two determines how long your case may take, how much it may cost, and how much control you have over the outcome. At Rojas Law Firm, we guide clients through both contested and uncontested divorces across Texas. Understanding the differences between these two paths can help you make informed choices that protect your rights, your finances, and your peace of mind.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to ending their marriage. This includes:

• Division of property and debts;
• Child custody (conservatorship and possession/access);
• Child support; and
• Spousal maintenance (alimony), if applicable.

Because there are no disputes for a judge to resolve, uncontested divorces are generally faster, less expensive, and more private than contested divorces.

Benefits of an Uncontested Divorce

• Lower cost: Fewer court appearances and less attorney time make uncontested divorces far more affordable.
• Faster resolution: Texas law requires a 60-day waiting period after filing, but uncontested divorces can often be finalized soon after that period ends.
• Less stress: Without litigation, spouses can avoid the emotional strain of courtroom battles.
• More control: Couples decide the terms of their divorce themselves, instead of having a judge impose orders.

Requirements for an Uncontested Divorce in Texas

To qualify for an uncontested divorce in Texas, both spouses must:

• Agree on all terms of the divorce;
• Meet the residency requirement (one spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days); and
• Be willing to sign a final decree of divorce reflecting their agreement.

Even in amicable divorces, having an attorney review the agreement is wise. Our team at Rojas Law Firm ensures that settlement terms are clear, enforceable, and truly protect your future.

What Is a Contested Divorce?

A contested divorce happens when spouses cannot reach an agreement on one or more key issues. Common points of conflict include:

• How to divide community property or debts;
• Who should have primary conservatorship of the children;
• Whether one spouse should pay child support or spousal maintenance, or
• Disputes over hidden assets or income.

Because disagreements must be resolved through negotiation, mediation, or litigation, contested divorces are generally more time-consuming and expensive.

How the Process Works

A contested divorce usually involves several stages:

• Filing and Response: One spouse (the petitioner) files the Original Petition for Divorce. The other (the respondent) must be formally served and has 20 days to respond.
• Temporary Orders: Courts may issue temporary orders for child conservatorship, possession/access, support, or exclusive use of property while the divorce is pending.
• Discovery: Both sides exchange financial documents, statements, and other evidence to ensure transparency.
• Negotiation or Mediation: The court may require mediation to encourage settlement.
• Trial: If no agreement is reached, a judge (and sometimes a jury) decides the unresolved issues.

Challenges in Contested Divorces

While sometimes unavoidable, contested divorces can be stressful and costly. They may involve:

• Lengthy court proceedings;
• Increased attorney fees;
• Emotional strain for both spouses and children; and
• Less flexibility in outcomes since a judge decides key issues.

However, in cases involving dishonesty, domestic violence, or complex financial assets, a contested divorce may be necessary to protect your rights and ensure fairness.

When to Choose an Uncontested Divorce

If you and your spouse maintain open communication and mutual respect, an uncontested divorce can save time and emotional hardship. It’s particularly effective when there are no minor children or significant assets to divide.

Even in simple cases, it’s best to consult a family law attorney before filing. We can ensure your documents are complete, verify that your agreement complies with Texas law, and avoid costly mistakes that could delay finalization.

When a Contested Divorce May Be Necessary

Sometimes, agreement isn’t possible or safe. You may need a contested divorce if:

• One spouse refuses to cooperate or disclose finances;
• There are allegations of abuse, neglect, or substance abuse;
• You disagree about what’s best for your children; or
• Complex assets such as businesses or retirement accounts must be divided.

In these cases, we work diligently to protect your interests while minimizing unnecessary conflict. We focus on negotiation and mediation when possible, but are fully prepared to litigate when needed.

Which Option Is Right for You?

Deciding between a contested and uncontested divorce depends on your relationship with your spouse, your financial circumstances, and the level of trust between you. Some cases start as uncontested but become contested if new disagreements arise. Others settle mid-process once both sides understand what’s at stake.

At Rojas Law Firm, we help clients identify the most practical and effective strategy for their unique circumstances. Whether you need strong advocacy in a contested divorce or careful drafting of an uncontested agreement, our team is here to guide you through every step.

If you are considering divorce in Texas, call 210-299-4600 or contact us online today. We can help you understand your options, protect your rights, and work toward a resolution that supports your family’s future.