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Two Types of Divorce in Texas: Contested and Uncontested

by Thompson Law | May 21, 2018 | Criminal Defense, Divorce, High Asset Divorce

There are two main types of divorce in Texas:  Uncontested Divorce and Contested Divorce. What’s the Difference Between Contested Divorce and Uncontested Divorce?  This is one of the most common questions I get as a divorce lawyer in Austin, TX. Contested Divorce A...
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  • Criminal Defense
  • Divorce
  • Family Law
  • High Asset Divorce
  • Mediation

Frequently Asked Questions About Divorce in Texas

How much does a divorce lawyer in Texas typically cost?

The cost of hiring a divorce lawyer in Texas varies depending on your case’s complexity. Uncontested divorces tend to be more affordable, while high-conflict cases involving custody or property division may require more time and legal support. Our firm offers transparent consultations so you understand your options upfront.

Do I really need a lawyer for a divorce in Texas?

While it’s not required by law, working with a skilled Texas divorce lawyer can protect your rights, especially when dealing with shared assets, child custody, or support. Legal guidance helps ensure nothing important is missed.

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all major terms. A contested divorce involves disagreements that may require court involvement. Our family law attorneys handle both types and help find the best resolution for your situation.

How is child custody handled in a Texas divorce?

Texas courts decide custody based on the child’s best interests. You may be granted joint or sole conservatorship, depending on your circumstances. A family lawyer can help you prepare for custody discussions and protect your parenting rights.

How are assets divided in a divorce under Texas law?

Texas is a community property state, so most assets acquired during the marriage are subject to equal division. That includes income, homes, vehicles, and retirement accounts. We help clients navigate fair and strategic property division.

Can I modify a custody or child support order later?

Yes. If your life circumstances change — such as a job loss or relocation — you may request a court-approved modification. Our team can guide you through the legal steps to update custody or support orders.

Who pays the legal fees in a Texas divorce?

Usually, each party pays their own legal fees. However, in some cases, the court may require one spouse to contribute to the other’s costs based on financial need. Our divorce attorneys can advise you on what to expect.

How long does a divorce take in Texas?

The minimum waiting period is 60 days after filing, but actual timelines vary based on how complex the case is. Contested divorces may take several months. Our firm works efficiently to protect your interests and resolve your case.

Can I still get divorced if my spouse doesn’t agree?

Yes. Texas allows “no-fault” divorce, so your spouse’s agreement isn’t required. If your spouse refuses to participate, the court can still proceed and grant a divorce.

Does your law firm handle high-asset or complex divorce cases?

Yes, we regularly represent clients in high-asset divorce cases involving businesses, real estate, and financial portfolios. Whether your case is straightforward or complex, our attorneys are here to protect your legal and financial future.

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