How to Get an Uncontested Divorce in Texas

If you and your spouse agree on the terms of your divorce, you might save money and get your divorce decree faster by filing for an uncontested divorce in Texas. An uncontested divorce means you and your spouse have already agreed on every issue, and there is nothing left for a judge to decide.

An attorney can offer legal advice, make sure you’ve taken everything into account, and ensure your final agreement is fair to you. If you don’t want a lawyer to handle the entire divorce, you can get advice as needed and use Texas legal forms to complete much of the divorce process yourself.

Requirements for a Texas uncontested divorce

To file for any kind of divorce in Texas, at least one spouse must have lived in Texas for six months and in the county where you’ll file divorce papers for at least 90 days.

 There are two additional requirements for an uncontested divorce:

• Agreement on the grounds for divorce: You need a legally accepted reason (or "grounds") for divorce in Texas. Although Texas has several fault-based grounds for divorce, uncontested divorces are recommended only for couples who are seeking a no fault divorce.
• Agreement on divorce terms: Both you and your spouse agree on all related issues and divorce terms.

If you can’t reach an agreement and your spouse responds to the divorce petition, your divorce is considered a contested divorce. If your spouse never responds and doesn’t appear in court, you can get a divorce by default.

How to file for uncontested divorce in Texas

The uncontested divorce process is usually simpler and quicker than the process for contested divorces. Here are the general steps, but there may be variations or additional forms to file depending on your specific situation. Your lawyer can help ensure you don’t leave anything out. 

1. Consult a divorce attorney

Many couples initially believe they agree on everything, only to discover they haven’t considered all their marital property or have differences of opinion on spousal maintenance, child support, or child custody.  A divorce attorney can explain your rights under Texas divorce laws, answer questions about legal proceedings, advise you on whether an uncontested divorce is appropriate in your situation, help with negotiations, and review your divorce decree. You can hire a lawyer for a limited scope representation, meaning you’ll have as much help as you need, but the freedom to handle much of the divorce case yourself.

2. Resolve all issues

 A divorce in Texas is uncontested only if the spouses agree on every issue in the divorce, including:

• Property division, including whether assets are community property or separate property
• Allocating debts
• Whether either spouse will pay spousal maintenance (also called spousal support or alimony), how much, and for how long
• Child support, including who’s responsible for health insurance and medical expenses
• Parental rights regarding child custody and visitation

If you’re having trouble reaching an agreement, a lawyer can help with negotiations or recommend a mediator to help you move past your major sticking points.

3. Prepare divorce forms

Texas has different uncontested divorce forms depending on your situation, but all cases require an Original Petition for Divorce. The Texas Supreme Court has approved a set of legal forms to use if you don’t have minor children or real property. If you have property and/or children, you can find divorce forms and instructions on the Texas Law Help website. You can also prepare forms through an online legal service provider such as LegalZoom.

4. File the divorce petition

To start your divorce proceedings, one spouse files the divorce petition with the court clerk’s office in a county where at least one of you has lived for the past 90 days. You may also need to submit a civil case information sheet and pay court fees. If you don’t have the financial resources to pay, you can submit a Statement of Inability to Afford Payment of Court Costs. You can file the papers in person or use e-filing.

5. Serve divorce papers to the other spouse

Your spouse is entitled to official, written notice of the family law case. There are three ways to accomplish this:

• Waiver: Mail or hand deliver the divorce petition to your spouse along with a waiver of service form. After your spouse signs the form in front of a notary, one of you must file it with the court clerk. Your spouse can file an answer to the petition instead of the waiver form. The waiver method is not recommended if there is family violence, especially if there are temporary orders restraining contact.
• Official service of process: The clerk can mail the petition by certified mail, or it can be hand-delivered by a constable, sheriff, or private process server.
• Posting or publication: If you don’t know how to find your spouse, the spouse filing the petition can complete service by posting a notice at the courthouse or publishing it in a newspaper.

6. Finish the uncontested divorce paperwork

Complete a divorce decree form. Be sure to fill it out fully. You may also need a qualified domestic relations order (if you are dividing retirement funds) or an order restoring the name used before marriage. There are additional forms if you have minor children.

Some counties require your decree to be reviewed by a lawyer. Even if not required, it’s a good idea to have a divorce attorney look it over to make sure it’s complete, follows Texas law, and is fair to you. A lawyer can also draft a qualified domestic relations order for you. After your decree has passed legal review, sign it, ask your spouse to sign it, and return it to you.

60-day waiting period in Texas

Texas has a 60-day waiting period from the date you filed your Original Petition for Divorce before an uncontested divorce can be finalized. The waiting period can be waived in cases where your spouse has been convicted of a crime involving family violence or where there are currently orders for your protection because of family violence.

7. Finalize your uncontested divorce in Texas

You may need to go to court for a brief “prove-up” hearing, but in some counties, you can simply submit your completed forms, and the judge will finalize your divorce. If you do need to go to court, find out when the family law court in your county hears uncontested divorce cases.

On the day of the final hearing in your divorce proceedings, check in with the clerk and bring your divorce petition, the signed waiver or answer, the signed divorce decree, and any other documents required to finalize your divorce. When the judge calls your case, you may be asked to read prepared testimony, or the judge may ask you a few questions.

After the judge signs your final decree, you must file it with the county clerk’s office. Get two certified, file-stamped copies of the final decree and any other order the judge signed, and send one copy to your ex-spouse. Your divorce is now final, but you’ll still need to divide assets and carry out the other agreed-upon divorce terms.

Reasons not to file for uncontested divorce in Texas

Compared to contested divorces, uncontested divorces are typically faster and less expensive, but they’re not always the right choice.

You should not file uncontested divorce forms if you and your spouse disagree on any issue in the divorce. You must agree on all aspects of property division and spousal support, if any. If there are children involved, you must agree on child custody, visitation, and child support, which typically should follow Texas guidelines.

You also shouldn’t file an uncontested family law case if the filing party wants to claim fault-based grounds for divorce unless the other party is willing to admit to those grounds.

The state of Texas has identified several additional situations where you shouldn’t file the simplest type of uncontested divorce, an Uncontested Divorce with no Minor Children or Real Estate. These include:

• The wife is pregnant, even if it isn’t the other spouse’s child.
• The wife had a child by another man during the marriage.
• The couple has a disabled child of any age.
• The couple shares a biological or adopted child who is either under 18 or 18 years old and still attending high school.
• The spouses have a written agreement for contractual alimony, or one spouse is requesting spousal maintenance. 
• One of the spouses owns or plans to buy real property, such as a home, building, business, land, or other real estate.
• One of you has a pending bankruptcy case.

It’s always best to talk to a Texas divorce lawyer before you decide whether to file an uncontested divorce in Texas. A lawyer can advise you throughout the divorce process, making sure you aren’t making expensive mistakes such as giving up your separate property or signing an agreement that isn’t fair.

FAQs

How long does it take to get an uncontested divorce in Texas?

Once you’ve agreed on all issues in your Texas divorce and have filed a divorce petition, you must wait 60 days before the divorce process can be completed and you can receive a final decree. You could wait a little longer than that if the court has a busy calendar. The waiting period can be reduced or waived in certain cases where there is a history of family violence or a temporary restraining order in place.

How much does an uncontested divorce in Texas cost?

The court clerk will collect a filing fee when you file the Texas divorce petition. Filing fees vary by county but are usually between $150 and $300. If you can’t pay the filing fees, you can ask for a waiver by filing a Statement of Inability to Afford Payment of Court Costs.

You may have additional costs to get a divorce in Texas, including attorney fees. Most family law attorneys charge by the hour, and your total fees will depend on your lawyer’s hourly rate and the amount of time spent on your family law case. You can also expect to pay a fee for certified copies of your divorce records.

What are the grounds for divorce in Texas?

Texas law allows either a no fault divorce or a fault based divorce. A no fault divorce is usually simpler because you don’t have to prove the other spouse’s bad conduct. However, in a fault based divorce, the innocent spouse may be entitled to a greater portion of the couple’s community property.

The three no fault divorce grounds are:

• Insupportability, also known as “irreconcilable differences”
• Living apart for at least three years with no hope of reconciliation
• Confinement of one spouse in a mental hospital for at least three years

 Grounds for a fault divorce in Texas are:

• Cruelty
• Adultery
• Abandonment for a year or more
• Conviction of a felony with a year or more in prison