Uncontested vs. Contested Divorce in Texas: Simplified Procedures and Mandatory Steps
In Texas an uncontested and a contested divorce share the residence tests and the 60-day wait. The petition cannot be taken as confessed if the respondent does not answer, temporary restraining orders are available and the petition must address any children.
What is the same in an uncontested and a contested Texas divorce?
The residence tests and the 60-day wait (Tex. Fam. Code 6.301; 6.702). The Texas divorce timeline calculator gives the same earliest decree date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | Six months of domicile; 90 days in the county | Same |
| Waiting period | 60 days after filing | 60 days after filing |
| Respondent’s answer | May sign a waiver or join the settlement | Answer not required under oath; no default on the petition |
| Property | Settled by agreement | Just and right division |
| Children | Agreed plan | Court decides on best interest |
Can a Texas divorce be granted by default?
Not by confession of the petition: in a suit for divorce the petition may not be taken as confessed if the respondent does not file an answer (6.701), and the respondent need not answer under oath (6.403). The court still hears the petitioner’s proof.
What temporary orders are available in Texas?
After filing the court may grant a temporary restraining order without notice to preserve property and protect the parties, including barring vulgar or harassing communication and threats, and a protective order can be requested (6.501; 6.504).
Does the waiting period ever not apply in Texas?
Yes. No waiting period is needed if the respondent has been finally convicted of or received deferred adjudication for family violence against the petitioner or a household member, or the petitioner has an active protective order or magistrate’s emergency order based on family violence during the marriage (6.702(c)).
What must the petition say about children in Texas?
It must state whether there are children under 18 or otherwise entitled to support, and a suit affecting the parent-child relationship is joined with the divorce (6.406). See the Texas parenting time calculator.
Does the respondent have to sign anything under oath in Texas?
No. The respondent in a suit for dissolution is not required to answer on oath or affirmation (6.403).
Are spouses competent to testify in Texas?
Yes. Husband and wife are competent witnesses for and against each other, though a spouse may not be compelled to give incriminating testimony (6.704).
Can a party get written findings after a property division in Texas?
Yes. On request after a judgment dividing the estate, the court shall state in writing its findings of fact and conclusions of law, including the characterization and value of the assets, liabilities, claims and offsets on which disputed evidence was presented (6.711).
What changes in a contested Texas divorce?
The court decides what the spouses cannot settle: a just and right division of the community estate under 7.001, maintenance and conservatorship on the child’s best interest. After a property division, a party can request written findings of fact and conclusions of law (6.711). See the Texas property division calculator.
Frequently asked questions
How soon can an uncontested Texas divorce be granted?
Not before the 60th day after filing, unless a family violence exception applies.
Can a Texas divorce be granted if my spouse does not answer?
The petition is not taken as confessed, so the court still hears proof.
Can a Texas court issue orders while a divorce is pending?
Yes, temporary restraining orders and protective orders among others.
Does a Texas divorce petition have to mention children?
Yes. It must state whether there are children under 18.
Can Texas spouses make their own property agreement?
Yes; the court divides the estate justly and rightly when they do not agree.
Official sources
- Tex. Fam. Code 6.301: general residency rule
- Tex. Fam. Code 6.702: waiting period
- Tex. Fam. Code 6.001: insupportability
- Tex. Fam. Code 6.302: suit by nonresident spouse
- Tex. Fam. Code 7.001: general rule of property division
- Tex. Fam. Code 153.002: best interest of child
- Tex. Fam. Code 6.701: failure to answer
- Tex. Fam. Code 6.501: temporary restraining order
- Tex. Fam. Code 6.406: joinder of suit affecting the parent-child relationship
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Texas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Texas attorney.