Uncontested vs Contested Divorce in Houston Texas
Divorce in Houston Texas, like any other city in Coastal Texas, falls into two main categories: contested and uncontested. The main difference between the two lies in whether the couple can come to an agreement on all the issues regarding the divorce process. If not, they have to battle them out in court.
Issues regarding child custody, retirement accounts, and property division can sometimes be difficult for some couples to resolve on their own. If they cannot come to an agreement, the divorce is considered to be contested. In order to reach an agreement, the couple is better off seeking outside help. Mediation, arbitration, or even a trial can be valuable.
Unsurprisingly, a contested divorce almost always takes a much longer time than an uncontested one.
Uncontested Divorce in Houston Texas
In contrast to contested divorce, an uncontested divorce takes place when both spouses come to an agreement on all terms of the divorce. It is generally an amicable process. It is sometimes referred to as an “agreed” or “mutual” divorce.
Where Will My Case Be Filed?
Houston is located in Harris County, so your uncontested divorce will be handled by one of the Harris County District Courts. Most uncontested hearings are held at:
Harris County Family Law Center
1115 Congress Street
Houston, TX 77002
We’ll help you prepare for the prove-up hearing (if required) and guide you through what to expect.
📍 Label: Harris County Divorce Court
Houston Divorce Timeline
Here’s what a typical uncontested divorce looks like in Houston:
- Texas Residency Requirements
- One spouse must have lived in Texas for at least 6 months and Harris County for at least 90 days.
- Filing the Petition
- We’ll prepare and file your Original Petition for Divorce.
- Serving the Other Spouse
- Choose between waiver of service (most common), official service by constable, or service by publication (rare).
- 60-Day Waiting Period
- Texas law mandates a 60-day waiting period before a divorce can be finalized.
- Final Decree
- Once signed by both parties, we file your Final Decree of Divorce and attend the court hearing if needed.
📅 Total estimated time: ~60–90 days (uncontested cases only)
Grounds for Divorce in Houston Texas
Choosing the appropriate type of divorce begins with identifying the root causes of it. Accordingly, one must know the differences between Fault and No-Fault divorces.
Texas is a “mixed state” which means that a divorce can be granted either with or without proof that a spouse is at fault.
State law indicates one ground for a No-Fault divorce and six grounds for a Fault divorce.
- No-Fault Divorce
The only ground for a No-Fault divorce is when there are irreconcilable differences between the two spouses.
Given their simplicity and affordable costs, No-Fault divorces have been gaining in popularity. Additionally, there is no defense to a petition for divorce based on insupportability. If at least one spouse wants a divorce, it will be considered. Texas law does not force an unhappy spouse to stay married just because the other spouse is happy with the marriage.
- Fault Divorce
Fault divorces are not as common nowadays as they were before. In fact, some states no longer even recognize them. Texas, however, retains the distinction between Fault and No-Fault divorces.
A fault divorce implies that one of the spouses is requesting for a divorce based on the fact that the other spouse has done something wrong.
There are six grounds for a fault divorce in Houston, Texas:
- cruelty (either physical or mental abuse and any other unreasonable acts of cruelty).
- adultery.
- separation (if the spouses have lived apart for more than three years).
- abandonment.
- felony conviction (for at least a year).
- confinement to a mental hospital (for at least three years, with signs that the spouses’ condition will not improve or that the probability of relapse is high).
Common Questions About Divorce in Houston, Texas
Only if you or your spouse has lived in Texas for at least 6 months and in Harris County for at least 90 days.
A divorce is final in Harris County, Texas when the divorce decree is signed by a judge and filed with the county clerk’s office. Once the divorce decree is final, it is considered a public record.
Yes. Our divorce documents include comprehensive marital settlement terms covering property, debts, custody, and visitation.
Most uncontested divorces only require a short “prove-up” hearing. In some cases, these can be waived or handled virtually.
Why Choose Us for Your Houston Divorce?
📍 Local experience – Serving clients throughout Harris County, including Baytown, Cypress, and Pearland
✅ Flat-fee pricing – No hidden fees
⚖️ Attorney-guided support – We assist with filing, serving, and finalizing
🕒 Fast processing – Divorce in as little as 61 days
⭐ Client Reviews from Houston Area
“Ready Divorce made our divorce seamless. Even with kids involved, it was quick and affordable.” — J.L. (Pearland)
“So clear and easy—I was surprised at how simple it felt. Highly recommend their service in Houston.” — R.M.
📍 Why We Understand Houston Better
Our attorneys are based right here in Harris County, familiar with the Harris County Family Law Center complex and every step of local divorce proceedings. You get real, local expertise—no cookie-cutter approach.
Start Your Divorce in Houston Today
Don’t wait. If you and your spouse are ready to move forward, we’ll make the process fast and simple.
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📍 Serving Baytown, Cypress, Pearland & surrounding Coastal Texas communities.