Texas law does not define an uncontested divorce. In some ways, the term is a hold-over from the days when a person had to prove a reason to end the marriage. If both spouses want the divorce, then neither would “contest” the basis for it. If one did not want the divorce, he or she would fight or contest it by arguing there was no legal basis to end the marriage.
There Is No Legal Definition Of An Uncontested Divorce
The term “uncontested divorce” means different things to different people. It is important when talking to an attorney, or spouse, to make sure that everyone understands what is meant by uncontested divorce. To some, the term is one in which both spouses agree on all aspects of the divorce before it is filed, and no issue is contested. The spouses agree on the property division, assignment of debts, and the children. To others, it simply means that both agree that a divorce is going to happen, but agree on nothing else.
