Agreed and contested divorce in Texas

Divorce raises practical questions on top of emotional ones. Who files? How long does it take? What happens to the house and the children? The first useful distinction is between an agreed and a contested divorce, because the path, the timing, and the cost follow from that choice.

This page explains the two paths in Texas and the points where people most often give up rights without noticing.

A note: this is a general framework. Custody, support, and property depend heavily on your facts, so your own situation needs an individual review.

What is the difference between an agreed and a contested divorce?

In an agreed divorce, the spouses settle every issue: property, debts, and, if there are children, conservatorship, possession schedules, and child support. They present a signed agreed decree, and the judge reviews and signs it.

In a contested divorce, at least one issue is still disputed. The court gathers evidence and decides. Discovery, temporary orders, mediation, and a final trial can all be part of the process.

Both paths share the same basic requirements: residency, a waiting period, and grounds for divorce.

Which residency and waiting rules apply?

Before filing, one spouse must have lived in Texas for at least six months and in the county for at least 90 days (Texas Family Code § 6.301). The case is filed in that county.

After filing, the court generally cannot grant the divorce until 60 days have passed (§ 6.702). There are limited exceptions involving family violence. The waiting period is a minimum, not an estimate, and many cases take longer.

Texas allows divorce on no-fault grounds. The ground used in most cases is insupportability, meaning the marriage has become insupportable because of discord or conflict that prevents reconciliation (§ 6.001). Fault grounds exist too and can matter in property division.

What is a divorce agreement, and what should I think about before signing?

The agreement, whether it is an agreed decree or a mediated settlement agreement, puts every issue into writing. Each line becomes an obligation that can be enforced later.

The common mistake is signing quickly to be done with it. People sometimes give up a share of a retirement account, take on a debt without a matching asset, or accept a vague possession schedule that causes conflict later.

Before signing, check a few items. Are all accounts, retirement plans, vehicles, and debts listed? Is it clear who pays which debt, and by when? If there are children, are the possession schedule, child support amount, and health insurance terms specific?

Why does the judge review an agreed divorce?

The judge does not simply stamp the papers. The court must be satisfied that the legal requirements are met, and in cases with children, that the terms are in the best interest of the child.

Many Texas courts hold a short prove-up hearing in agreed cases, where one spouse testifies briefly to the basic facts. Practice varies by county.

1. 1

   File the petition

   One spouse files an Original Petition for Divorce in the county of residence

2. 2

   Service or waiver

   The other spouse is served or signs a waiver of service

3. 3

   Waiting periodAt least 60 days

   The court generally cannot grant the divorce before day 60

4. 4

   Agreed decree

   Both spouses sign a decree covering property, debts, and child-related terms

5. 5

   Prove-up and signature

   The judge reviews the decree, often at a short hearing, and signs it

Agreed or contested, which fits my situation?

The table compares the two paths at a general level. Your own situation may fall in between.

Topic	Agreed divorce	Contested divorce
Basic requirement	Agreement on every issue, plus residency and the 60-day wait	Residency, the 60-day wait, and evidence on disputed issues
Typical timeline	Often soon after the 60-day period	Often many months, longer with appeals
Cost tendency	Generally lower	Generally higher because of discovery and hearings
Role of the judge	Reviews and signs the decree	Hears evidence and decides
Children	Terms set in the decree, reviewed for the child's best interest	Court decides conservatorship, possession, and support
Main risk	Giving up rights without realizing it	Longer process and more uncertainty

The last row is the honest summary. An agreed divorce is faster, but speed can hide mistakes. A contested divorce is slower, but each issue is examined.

What if I cannot afford divorce costs?

Costs should not stop you from protecting yourself. You can file a Statement of Inability to Afford Payment of Court Costs so the case moves without filing fees, and some legal aid organizations handle family cases, especially when safety is involved.

The details are in legal aid. How a case is filed and what happens next is covered in how a lawsuit starts.

Can an agreed divorce turn into a contested one?

Yes. Until the judge signs the decree, an informal understanding between spouses can fall apart. One spouse changes their mind about the house, or a new account comes to light.

A signed mediated settlement agreement is different. If it meets the Family Code requirements, including the required statement that it is not subject to revocation, it is binding and the court generally enters judgment on it. Mediation itself is explained in how mediation works.

The practical lesson is to know which document you are signing and what it does before your name goes on it.

What is worth watching during a divorce?

A few points come up again and again. Keep copies of financial records before they become hard to get. Avoid moving or spending large sums without understanding how it may be viewed. Put agreements about the children in writing, even temporary ones.

• Residency check

  Six months in Texas and 90 days in the county before filing

• Petition filedkey deadline

  The 60-day waiting period starts

• Temporary orders or mediation

  Interim arrangements and settlement talks

• Agreement signedkey deadline

  A signed mediated settlement agreement is generally binding

• Decree signed

  The divorce becomes effective when the judge signs the decree

What is the short version?

Texas divorce has two paths. Agreed is faster and usually less costly. Contested is slower and gives the court the decisions. Both require residency and a 60-day minimum wait.

The point people miss most is that a signed agreement is binding. Read every line about property, debts, and children before you sign. This page is general information, not legal advice.