Contested Divorce in Texas Law

Under Texas law, a divorce may be considered to be contested or uncontested.

In an uncontested divorce, the parties are able to reach an agreement without court intervention as to the disposition of assets, visitation schedules of any children, ongoing parental responsibilities and other terms of the divorce.

In a contested divorce a court must intervene in order to establish the terms of divorce, including the disposition and division of community property, child care and visitation rights, and so on.

In cases where there are no children and little assets to divide an uncontested divorce can be the most reasonable solution and can often be executed inexpensively and quickly compared to a contested divorce.

A contested divorce, on the other hand, can drag on for months or even years if there are assets and complicated parental issues that must be settled. In a contested divorce the court will decide who gets what, where the children if any will reside, what the visitation rights of the noncustodial parent will be, etc.

A contested divorce usually requires extensive support from an attorney whereas an uncontested divorce can sometimes be accomplished with much less help from a legal professional.

Contested (Divorce) in Texas Law

Family Code


pertaining to dispute resolutions in a divorce proceeding

Government Code


pertaining to proceedings in multicounty districts

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