Texas Legal Glossary · Family Law

Contested Divorce

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A contested divorce is a Texas divorce in which the spouses disagree on at least one issue the court must decide, such as property division, child custody, or support, so the case moves through temporary orders, discovery, mediation, and possibly trial.

Also called: litigated divorce

What a contested divorce means in Texas

A contested divorce is any divorce where the spouses cannot agree on every term. The dispute can be large, like who is the primary parent, or narrow, like how to split a pension. Either way, a judge may have to decide it. Most contested cases plead the no-fault ground of insupportability under § 6.001, but a spouse may also plead fault grounds such as adultery or cruelty under § 6.002 and § 6.003.

Contested does not mean the case ends in trial. Most contested Texas divorces settle, usually at mediation.

How it works in practice

The case opens with an original petition and service of citation. In Travis County, standing orders attach to every family case the moment it is filed and bar either spouse from hiding assets, canceling insurance, or removing the children from school. Early on, the court often holds a temporary orders hearing under § 6.502 and § 105.001 to set who lives in the house, who pays which bills, and the possession schedule.

Then comes discovery: sworn inventories, document requests, interrogatories, and sometimes depositions. Travis County courts generally expect the parties to mediate before a contested final trial. If mediation fails, the case is tried to the judge or, on request, a jury on certain issues. Under § 6.702 no decree can be signed before the 60th day after filing, but contested cases typically take nine to eighteen months.

Why it matters in your case

A contested divorce costs more, in money and in time, than an agreed one. It also produces a record. Sworn inventories, deposition testimony, and temporary orders shape the final result even when the case settles. A spouse who hides income or violates the standing orders in month two will hear about it at the final hearing. We treat the first ninety days of a contested case as the period that sets the terms for everything after.

Example

Elena wants to stay in the Hyde Park house with the children; Marcus wants a 50-50 possession schedule and his share of the equity now. The court sets temporary orders in week six, both sides exchange discovery over the summer, and the case settles at mediation in October.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.