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Uncontested and Contested Divorce in Texas

Understanding the Differences

For a couple wishing to end their marriage, a divorce is an option that can do exactly that. When filing for divorce, however, it is important to determine what type of divorce you will file for based on what you and your spouse agree on as it relates to issues such as conservatorship or spousal support. Here is what you should know about uncontested and contested divorce in Texas.

Levels of Agreement

The difference between what are known as uncontested and contested divorces in Texas boils down to how much agreement there is between a couple. A contested divorce, as its name might imply, involves much more disagreement on marital issues when compared to an uncontested divorce.

How to Get an Uncontested Divorce

When a married couple files for an uncontested divorce, they usually do so on the basis of irreconcilable differences. In addition, the two spouses must agree to get the divorce as well as have an agreement on the following marital issues:

  • Property division.

  • Spousal support (if necessary).

  • Allocation of debts.

In addition, to qualify for an uncontested divorce, you and your spouse must not have children under the age of 18 and must have lived in Texas for at least 6 months prior to filing for the divorce. You also must not have any jointly-owned business or real estate and must not have retirement benefits that must be divided.

Because of the level of agreement in an uncontested divorce, the process normally does not take as much time as a contested divorce.

What If We Don’t Qualify for Uncontested?

If you must file for a contested divorce because you and your spouse do not meet the requirements, then there are different circumstances that may surround your divorce. For example, you may have to file on different grounds for the divorce and may have to provide clear and convincing evidence of the reason for the dissolution. Your divorce may end up taking a longer time because of the potential lengthy court hearings and negotiations on marital issues.

Use the Help of a Texas Divorce Attorney

If you’re unsure of what type of divorce you and your spouse would qualify to file for, it’s important to get that question answered right away by a Texas divorce attorney. At Young & Libersky, we know that divorce is a big decision and a commitment of time and money. We’re ready to help you when you’re ready.


To set up a consultation with a member of our team, call us at (254) 236-6296 or visit us online.

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