What to Know About Uncontested Divorce in Texas

Texas ranks among the states with the lowest marriage duration, with couples splitting after 17.5 years on average.

When both spouses agree on everything — from property division to child custody and support obligations — they may qualify for an uncontested divorce. This legal process avoids court battles and lengthy litigation by allowing couples to file jointly with their settlement terms.

The streamlined nature of uncontested divorce, also known as a simple divorce, appeals to many couples. Rather than multiple court appearances and contentious negotiations, partners can submit their agreed-upon terms together. This cooperative approach often means less stress and lower legal fees.

Most uncontested divorces in Texas are completed within 60 days of filing, assuming all paperwork is accurate and complete. This quick timeline and reduced costs make uncontested divorce increasingly attractive for couples ending their marriage amicably.

While you may not need to appear in court for an uncontested divorce, you must still meet specific filing requirements and eligibility factors. Understanding these elements helps ensure a smooth process from start to finish.

Filing Requirements and Initial Steps

Before filing for an uncontested divorce in Texas, at least one spouse must live in Texas for six months. You'll also need to live in the county where you plan to file for at least 90 days.

Filing your divorce requires several key documents:

• Petition for Divorce: Outlines your marriage details and grounds for divorce.
• Waiver of Service: Shows your spouse agrees to the divorce terms, avoiding formal paper service.
• Final Decree of Divorce: Details all agreements about property, conservatorship, custody, and support.

Don't forget filing fees — they run between $250 and $400, depending on your county. Courts may offer fee waivers if you can't afford to pay.

You may need to fill out additional forms depending on your unique situation. The exact forms you need can get tricky, so it can be helpful to consult a local uncontested divorce attorney who can better navigate your scenario and Texas laws and guidelines.

You can prepare by gathering your financial records, and any custody agreements before filing for divorce. Your petition needs basic marriage details and divorce grounds.

The Court Process

Texas law requires a 60-day waiting period after filing your divorce petition before the court can finalize anything. This cooling-off period applies to all divorces, even when both parties agree to everything.

Every divorce needs a final hearing, called a "prove-up," where the judge reviews your requests. You'll provide evidence and testimony about your divorce terms during this brief hearing. Some courts may accept a "prove-up affidavit" instead of an in-person appearance.

At the hearing, you'll confirm:

• You meet Texas residency requirements;
• The reasons for your divorce;
• All parties agree to the terms;
• Your arrangements for property and children.

The judge reviews and signs your divorce decree if everything meets legal requirements. Check with your local court about scheduling procedures, as these vary by county.

Property Division and Financial Considerations

Texas law treats property in divorce as either separate or community property. Separate property — items owned before marriage or received as gifts or inheritance — stays with its original owner. Community property includes everything acquired during marriage, regardless of whose name is on the title.

The court divides community property in a way it deems "just and right." While many assume this means a 50/50 split, Texas courts consider several factors when dividing assets:

• Each spouse's earning ability;
• Who will have primary custody of children;
• Size of each separate estate;
• Health and age differences;
• Fault in the marriage's end.

Common assets requiring division include:

• The family home or other real estate;
• Retirement and pension accounts;
• Business interests;
• Vehicles and personal property;
• Bank accounts and investments.

Remember, while a divorce decree divides your property, you may need additional legal documents like deeds or title transfers to complete the process. You'll also need to address joint debts, as creditors can still pursue either spouse regardless of who agrees to pay in the divorce.

Child Custody and Support Matters

For an uncontested divorce to work with children involved, both parents must agree on every aspect of child-related issues. This includes custody arrangements, visitation schedules, child support amounts, and medical support obligations.

Your agreement must cover these key areas:

• Physical custody and living arrangements;
• Rights and duties of each parent;
• Visitation schedules and geographic restrictions;
• Child support payments and calculations;
• Medical and dental insurance coverage.

Texas law requires a parenting plan that serves the children's best interests. This plan becomes part of your final divorce decree, outlining each parent's responsibilities and creating a clear framework for co-parenting after divorce.

While you and your spouse can agree on these terms, a judge must still review and approve them to ensure they protect your children's wellbeing.

Getting Help and Resources

Even in an uncontested divorce, professional guidance protects your rights and ensures a smooth process. A Texas child custody lawyer can review your agreements, spot potential issues you might miss, and ensure your paperwork meets court requirements.

While Texas courts and legal aid organizations offer various resources, such as forms and workshops, professional legal guidance is especially valuable in certain situations.

If your divorce involves retirement accounts, real estate, business interests, or complex custody arrangements, a local family law attorney can help prevent costly mistakes.

Even with a straightforward case, having a Texas divorce lawyer review your paperwork and agreements helps ensure everything meets legal requirements.