In Texas, an uncontested divorce (sometimes called a simplified or agreed divorce) means both spouses agree on all major issues — child custody, property division, spousal and child support — then submit a written agreement to the court. No courtroom battles, minimal fees, and fast results.
According to statistics, about 95 percent of all divorce cases in the US are now settled out-of-court. However, the definition of the term “uncontested divorce” is still not fully understood. For those who have not gone through the divorce process, it’s easy to think of divorce like it’s portrayed in the movies – dramatic litigation in the courtroom, lawyers in heated debates, and scandals being exposed
If you and your spouse agree on everything, this is the simplest, cheapest, and least stressful divorce route in Texas.
⚖️ How Texas Uncontested Divorce Differs from Others
| Feature | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement on terms | Required | Not required |
| Court hearings | Often waived or short | Multiple hearings/trial |
| Cost | $300–$600 (flats fees/paper service) | $10,000+ (attorney & court costs) |
| Timeline | 3–6 months (includes waiting period) | 12–24 months (disputes & appeals) |
| Stress & conflict | Low | High |
✅ Eligibility & Where to File
- Residency – Either spouse must be a Texas resident for at least 6 months, and 90 days in the filing county.
- Grounds – No-fault due to “insupportability” (irreconcilable differences).
- Filing Location – Submit forms with the County Clerk’s Office where either spouse lives.
📝 Required Forms in Texas
- Original Petition for Divorce (or joint petition)
- Civil Case Information Sheet
- Waiver of Service (if filing jointly)
- Parenting Plan & Child Support Worksheets (if minor children)
- Final Decree of Divorce
Forms vary by county—obtain from the Clerk’s website or via an online divorce service customized to Texas.
🕒 Timeline & Filing Process
- File petition + jurisdiction documents
- Pay filing fee or request a waiver
- Serve your spouse (waived if jointly filed)
- Negotiate terms — possibly with a mediator or DIY
- File settlement agreement + final decree
- Attend hearing (if required)
- Judge finalizes decree after mandatory 60-day waiting period
Total duration: ~3 to 6 months in most Texas counties.
💸 Cost Overview
- Court filing fees: ~$350–$400 (varies by county)
- Attorney or online service: $0–$3,500 (typically flat fee for simple cases)
- Total typical: $600–$4,000 — much cheaper than contested divorces.
👶 Child Custody & Support in Texas
Texas courts prioritize the “best interests of the child.” An agreed parenting plan should address:
- Conservatorship (legal custody)
- Possession and access (visitation schedule)
- Child support (calculated by state formulas)
Mediation and parenting classes may be required during negotiations.
🏘️ Property & Debt Division
Texas is a community property state: most assets and debts acquired during marriage split 50/50 at divorce. You and your spouse decide how to divide these fairly, and the court must approve.
⚠️ When You May Need a Lawyer
Uncontested divorce works well for couples who:
- Agree on all issues
- Have no history of domestic violence
- Can cooperate on paperwork and deadlines
You may still want legal advice if there are complex assets, disputes over custody, or you prefer professional oversight.
📌 After Filing — What to Expect
- Serve or waive service
- Submit final settlement
- Attend brief hearing or none, per county rules
- Wait 60 days from filing before judge signs the decree
Once signed, it’s final—and the Court sends the decree by mail or email.
✔ Should You Choose an Uncontested Divorce in Texas?
✅ Yes, if you and your spouse can collaborate and agree on issues—this route saves significant time, money, and stress.
❌ No, if disputes remain, safety is a concern, or legal representation is required to protect your rights.
❓ Frequently Asked Questions
If both spouses agree on all major issues—like finances, custody, and property—they can file for an uncontested divorce. One spouse files the petition, and the other is served. During the waiting period, the couple submits a signed settlement agreement. Once reviewed, the court can approve the divorce.
➣ File initial divorce forms with the court
➣ Serve your spouse with copies
➣ Create and file a settlement agreement
➣ Attend a short hearing (if required)
➣ Wait for the judge to finalize the divorce
It’s typically brief. A judge reviews the submitted agreement and confirms both parties understand and accept the terms. If everything is in order, the divorce is approved.
Sometimes. Some Texas counties waive court appearances for uncontested divorces with a signed agreement. Others may require a short final hearing.
The other spouse is served with papers. If both parties agree on all terms, they submit their settlement to the court. After any required waiting period, the judge finalizes the divorce.
Bottom Line:
Uncontested divorce in Texas empowers couples to end their marriage quickly, affordably, and with minimal stress—complete customizable forms to file your case and get your decree in as little as 3 months.
📞 Get Started Today – Your Peaceful Divorce Is Just a Click Away
When you’re ready to move on, we’re ready to help.
📲 Call us now at (800) 432-0018
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