What is the difference between a no-fault divorce and an uncontested divorce?

As a New Braunfels divorce attorney, I work with no-fault and uncontested divorces on a regular basis. Although the terms sound like they might mean the same thing, they are actually very different.

  • No-Fault Divorce - Texas is a no-fault divorce state. This means that couples may divorce without regard to who was at fault for the breakup of the marriage. If either party wants a divorce, the court will grant one on the grounds of insupportability meaning the couple no longer gets along and there is no chance of reconciliation.
  • Uncontested Divorce – An uncontested divorce is one in which a couple work out a mutually satisfying agreement to end their marriage, divide assets and debt, and deal with child custody and child support issues.

A no-fault divorce is not necessarily an uncontested divorce. Couples may agree to end a marriage, but they may have strong disagreements regarding asset division and child custody issues. These disagreements may lead to a no-fault, contested divorce.