In Texas the language that you see in most divorces is that “the marriage is irreconcilable due to discord and conflict of personalities” This language is what is generally considered a “no fault” divorce language. The difference between a contested and uncontested case generally is whether an agreement is made or not. Any case that goes to trial is a contested matter even if the basis for divorce is “irreconcilable differences.” Other factors may create a situation for an unequal division of property other than fault grounds. A party may also plead fault grounds such as adultery or cruel treatment should they have that situation and decide to do so under advise of counsel.
Brian Loughmiller is a partner at the McKinney, Texas law firm of Loughmiller Higgins. Serving family law clients throughout North Texas and the DFW Metroplex area, Brian and his partner, Eric Higgins, have 47 years of combined trial experience. One of the top family lawyers in the state, Brian has been recognized as a Super Lawyer every year since 2005.