Uncontested vs Contested Divorce in Dallas Texas
Divorce in Dallas, Texas, like any other city in North 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 to resolve. It is especially challenging for couples to resolve these issues on their own. If they cannot come to an agreement, the divorce is considered to be contested. Therefore, to reach an agreement, the couple is better off seeking outside help. Such help includes mediation, arbitration, or even a trial.
Unsurprisingly, a contested divorce almost always takes a much longer time than an uncontested one.
Uncontested Divorce in Dallas 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. Sometimes, it is referred to as an “agreed” or “mutual” divorce.
Where Will My Case Be Filed?
Dallas is located in Dallas County, so your uncontested divorce will be handled by one of the Dallas County District Courts. Most uncontested hearings are held at:
George L. Allen Sr. Courts Building
600 Commerce Street
Dallas, TX 75202
We’ll help you prepare for the prove-up hearing (if required) and guide you through what to expect.
📍 Label: Dallas County Divorce Court
Dallas Divorce Timeline
Here’s what a typical uncontested divorce looks like in Dallas:
- Texas Residency Requirements
- One spouse must have lived in Texas for at least 6 months and Dallas 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 Dallas Texas
Choosing the appropriate type of divorce begins with identifying the root causes of it. Therefore, 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 Dallas 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).
It is important to note that in a majority of No-Fault divorces, the court splits joint property evenly down the line. In a fault divorce, the party who is at Fault for the divorce is subject to an unequal distribution of the marital estate. This is done in a manner that is determined to be just and right by the judge.
Common Questions About Divorce in Dallas, Texas
Only if you or your spouse has lived in Texas for at least 6 months and in Dallas County for at least 90 days.
A divorce is final in Dallas 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 Dallas Divorce?
📍 Local experience – Serving clients throughout Dallas County, including Grand Prairie, Irving, and Richardson
✅ 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 Dallas Area
“Ready Divorce made our divorce seamless. Even with kids involved, it was quick and affordable.” — J.L. (Dallas)
“So clear and easy—I was surprised at how simple it felt. Highly recommend their service in Dallas.” — R.M.
📍 Why We Understand Dallas Better
Our attorneys are based right here in Dallas County, familiar with the George L. Allen Courts complex and every step of local divorce proceedings. You get real, local expertise—no cookie-cutter approach.
Start Your Divorce in Dallas 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 Grand Prairie, Irving, Richardson & surrounding DFW communities.