An uncontested divorce means both spouses agree on every issue – property division, debts, and, if there are children involved, conservatorship, possession, child support, and health insurance – within about a month or two of filing the divorce. A contested divorce means the spouses disagree on one or more of these issues, requiring negotiation, mediation, and potentially a trial before a judge to resolve them. Most divorces have at least one contested matter, but that does not make it a contentious divorce; it just would not be uncontested.
In an uncontested divorce, the cost is generally less expensive because the attorney’s work is largely limited to drafting and reviewing the agreed divorce decree and related documents, with potentially a single, brief hearing, which often can be done without even stepping foot in the courthouse.
Timing is one of the clearest practical differences. Because Texas imposes a mandatory waiting period between filing the divorce and finalization of the divorce, an uncontested divorce can often be finalized shortly after that period runs, commonly within two to four months after filing. A contested divorce takes longer because it moves through additional steps: temporary orders hearings, discovery deadlines, mediation, and (if the parties still can’t agree) a trial setting, which itself depends on the court’s docket. Depending on the issues involved and the judge’s caseload, a contested divorce can take anywhere from several months to well over a year.
Cost tracks the same pattern: an uncontested case generally requires far less attorney time than a contested one, since a contested divorce adds negotiation, discovery, mediation, and (if it does not settle) trial preparation and trial. See the “How much does a divorce cost in Dallas County, Texas or Tarrant County, Texas?” section of this website for a fuller breakdown of what drives cost up or down.
Discovery is another point of divergence. In an uncontested case, the spouses typically exchange financial information voluntarily and informally, since there’s nothing to dispute. In a contested case, the parties often use formal discovery tools – written disclosures, interrogatories, requests for production of financial records, depositions, expert witnesses, and sometimes subpoenas to banks, employers, or other third parties – to establish the full scope of the marital estate or to develop facts relevant to a custody dispute.
Finally, contested divorces are more likely to involve expert witnesses, while uncontested divorces rarely do. A contested property dispute involving a business, real estate portfolio, or retirement accounts may call for a forensic accountant or business valuation expert. A contested custody dispute may involve a custody evaluator, a child’s court-appointed representative, or a mental health professional. Because an uncontested divorce resolves these questions by agreement rather than through adversarial fact-finding, there’s usually no need to retain experts at all.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.