What is an Uncontested Divorce?
An uncontested divorce in Dallas County, Texas is a divorce where both parties agree on everything (they reach a settlement). Alternatively, one party files for divorce and the second never responds to the divorce filing nor appears in court. At least 90% of all divorces are uncontested. However, many start out as contested and then the parties eventually reach an agreement.
How Uncontested Divorce Works in Dallas County Texas
An uncontested divorce in Dallas County means both spouses agree on all terms, including property division, debts, and any issues involving children.
Even though the case is agreed, it must still follow the formal Texas divorce process and is filed through the Dallas County District Clerk using the Texas eFile system.
The typical uncontested divorce process in Dallas County includes:
- Preparing and eFiling the Original Petition for Divorce
- The District Clerk reviews the filing and assigns the case to a Dallas County family court
- The other spouse signs a Waiver of Service or files an Answer
- Both parties complete and sign the Final Decree of Divorce
- Waiting the required 60-day waiting period under Texas law
- Submitting the case for prove-up or final approval
- Filing the signed Final Decree to finalize the divorce
Once filed, all documents, notices, and updates are handled electronically through the Texas eFile system.
What Happens After You File an Uncontested Divorce in Dallas County
After filing, your case is assigned to a Dallas County family district court. From that point forward, all filings, notices, and updates are handled through the Texas eFile system.
Depending on the court, your uncontested divorce may be finalized through:
- A short prove-up hearing, or
- Submission without a hearing if all paperwork is properly completed
Once the judge signs the Final Decree of Divorce, it is filed with the clerk and your divorce is officially complete.
Uncontested Divorce Requirements
There are two pathways to an uncontested divorce in Texas.
The first is where the spouses agree on all the issues in the divorce, such as marital property, spousal support (formerly known as alimony), child custody and visitation, child support and the division of shared debt. The couple submits an agreement, settlement, or stipulation to the court with everything they have agreed on.
The second situation is where one spouse files for divorce and asks for specific things (such as child custody or ownership of the home). The second spouse never responds to the divorce papers and does not appear in court. The case then proceeds without them, and the court decides whether the filing spouse is entitled to what they have asked for. This happens without input from the second spouse.
Common Mistakes in Uncontested Divorce Cases
Many uncontested divorce cases in Dallas County are delayed or rejected due to small but critical mistakes.
Common issues include:
- Using incorrect or incomplete divorce forms
- Missing required legal language in the Final Decree
- Improper service or invalid Waiver of Service
- Failing to meet court requirements for children or support
- Submitting paperwork that is incomplete or inconsistent
Many uncontested divorce filings in Dallas County are delayed or rejected due to small errors in paperwork, missing required language, or improper service.
Even agreed cases must meet all legal requirements before a judge will approve and sign the decree.
Process for an Uncontested Divorce
Prepare the Original Petition for Divorce
One of the first steps to getting a divorce is ensuring you meet the requirements to start a divorce process in Texas. Next, fill out and complete the Original Petition for Divorce. Depending on the county of filing, you may need a copy of the standing orders.
File the Original Petition for Divorce
Prepare to file the Original Petition for Divorce at the courthouse of the county you reside in. See Texas Fam. Code Section 6.301 for residency rules. Determine whether you qualify to waive the court costs and fees or if you need to pay those fees. Documents needed for the filing, Petition of Divorce / Standing Orders / County Court Specific Cover Sheet.
**If this is an option, you can file it via EFileTexasCourts official website.
After Filing the Petition for Divorce
Next, as soon as you are done with filing, you will have to serve the copies of the papers you initially filed on your spouse. If you file for an agreed divorce in Texas, your spouse may agree to sign and have notarized a Waiver of Service and file the respective form. Depending on the situation of the divorce your spouse may need to complete a Respondent Original Answer.
Drafting a Final Decree of Divorce
Making a divorce settlement agreement is an important step for couples who seek to end their marriage amicably. All the conditions you agree upon will be recorded in the divorce settlement agreement form drafted by a lawyer. If you have known from the get-go that your divorce is uncontested, your agreements will likely already be included in other forms, and you won’t require a settlement agreement.
Generally, you and your spouse will have to reach a consensus on:
How to split your assets and debts.
How to divide your property. (since there is no separate divorce property settlement agreement in Texas)
Where and with whom your children will live, and how you can split the parenting time.
Who gets the custody, and who pays child support.
Whether there is a need to pay spousal support.
Prepare an Affidavit of Name Change. (if applicable)
Provide all the required documents to the court/clerk for review. The court may require you to wait 60 days before submitting your Final Decree of Divorce.
Attending the Final Divorce Hearing
As soon as the waiting period (60 days) is over, contact the court clerk to schedule the final hearing date. What to expect in your final divorce hearing on your trial day in Texas? If your case is uncontested and you have all your paperwork in order, the hearing won’t take long. You will have to answer a few questions from the judge, and after that, they will grant you a divorce.
Some courts may not require a hearing and instead request for an Affidavit of Prove Up in place for your physical appearance in court to finalize your case. One of the last forms to be turned in with your Final Decree of Divorce is a Suit Affecting Family Relationship Form.
The judge will check that the terms recorded in the agreement/decree are fair to all the parties, including children, and approve the Final Decree of Divorce if all is good.
Process for a Contested Divorce
During the time leading up to the court date, all couples should try to agree where they can. Divorces are complicated, however, and sometimes it’s impossible for both partners to agree on everything.
If, after trying to reach an agreement and possibly working with attorneys or professional mediators, the two sides can’t work everything out, then the remaining issues will have to be decided in court.
Once the two parties reach an impasse, a contested divorce proceeds a lot like other civil trials. Both parties will gather and present evidence (including witness testimony) at a trial in support of their desired outcome.
In the end, the judge will decide how to resolve these matters. The judge will then issue a binding judgment of divorce, ending the marriage.
Advantages of an Uncontested Divorce
There are two main advantages to an uncontested divorce—it saves you time and money.
Since uncontested or no-fault divorces have become accepted in the US, the courts in Texas have encouraged divorcing spouses to try to settle their differences out-of-court. Litigation is used as a last resort.
If a settlement is reached, it can be filed within a few weeks and approved by the court within a month. This is much faster compared to the months and possibly years a contested divorce may take.
Uncontested settled divorces also save you money. If you can agree on everything without either partner hiring an attorney, that’s obviously going to be less expensive than having to hire a lawyer. Even if both spouses hire an attorney, however, avoiding a trial is going to save you a significant amount.
If your spouse does not respond to your divorce filing, your process will also be fast and inexpensive. There will be no negotiation, no trial and no conflict. Your legal fees will be extremely low just for document preparation and a brief court appearance. And your divorce will be processed quickly.
🎯 Dallas County Uncontested Divorce FAQ
Do both spouses have to agree for an uncontested divorce?
Yes. Both spouses must agree on all terms of the divorce, including property division, debts, and any issues involving children.
How long does an uncontested divorce take in Dallas County?
Texas law requires a minimum 60-day waiting period from the date the petition is filed. Most uncontested divorces are finalized shortly after that period, depending on the court.
Do I have to go to court for an uncontested divorce?
Some uncontested cases require a short prove-up hearing, while others may be finalized without a hearing if the court allows submission and all paperwork is properly completed.
Can I file an uncontested divorce online in Dallas County?
Yes. Divorce cases in Dallas County are filed using the Texas eFile system, and most of the process can be completed electronically.
What happens after I file an uncontested divorce?
After filing, your case is assigned to a Dallas County family court. The process continues through the eFile system until the Final Decree of Divorce is approved and signed by the judge.
Can an uncontested divorce be rejected?
Yes. If the paperwork is incomplete, incorrect, or missing required legal language, the court may require corrections before finalizing the divorce.
Can an uncontested divorce be finalized without a hearing in Dallas County?
In some cases, yes. If all documents are properly prepared and the court allows submission, a hearing may not be required.
Where do I file an uncontested divorce in Dallas County?
Uncontested divorce cases are filed through the Dallas County District Clerk and assigned to family district courts.
Where Uncontested Divorce Cases Are Filed in Dallas County
Uncontested divorce cases in Dallas County are filed through the Dallas County District Clerk and assigned to family district courts.
George L. Allen, Sr. Courts Building
600 Commerce Street
Dallas, TX 75202
Phone: (214) 653-7307
Most uncontested cases are handled electronically, and many can be completed without multiple courthouse visits.
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