Ending a marriage is never easy, but in Texas, an uncontested divorce offers a simpler, less stressful path. This process is for couples who agree on all terms, from property to child custody, allowing for a smoother dissolution of the marriage. It is the most affordable and quickest way to get divorced in the state, often without needing an attorney. This guide breaks down exactly what you need to know and do.
What Makes a Divorce Uncontested in Texas?
An uncontested divorce is fundamentally about agreement. It means you and your spouse are on the same page about every single issue related to your separation. There are no arguments for a judge to settle because you have already settled them yourselves.
In Texas, this type of divorce must be filed on ‘No Fault’ grounds. This simply means you are telling the court that the marriage is ending due to “insupportability,” which is a legal term for disagreements or personality conflicts that cannot be resolved. You are not blaming one another for the end of the marriage.
The key element is that the respondent, the spouse who did not file the initial papers, agrees with everything in the petition and does not challenge it. This cooperation is what keeps the process simple and out of a lengthy court battle.
Are You Eligible to File for an Uncontested Divorce?
Before you begin filling out paperwork, you must ensure you meet the specific eligibility criteria set by the state of Texas. Failing to meet these requirements can lead to your case being dismissed, forcing you to start over. It is crucial to confirm these details first.
You must satisfy both residency and agreement requirements. The state wants to ensure it has the authority to handle your case, and the court requires full agreement for an uncontested process.
- State Residency: Either you or your spouse must have lived in Texas for at least the last six months.
- County Residency: Either you or your spouse must have lived in the county where you plan to file for at least the last 90 days.
- Total Agreement: You both must be in 100% agreement on all issues, including property division, debt allocation, spousal support, and if you have children, child custody, visitation schedules, and child support.
If you disagree on even one small issue, your divorce becomes contested, and the process will be different and likely more complicated.
A Step by Step Guide to the Divorce Process
The Texas court system has a clear path for uncontested divorces that you can navigate without a lawyer. While you have to be careful with the details, following these steps in order will lead you to the final decree.
Remember that the specific forms might vary slightly if you have minor children. Cases with children require additional paperwork related to custody and support.
- File the Initial Paperwork: The first step is to draft and file an Original Petition for Divorce with the district court in your county. This document names the filer (petitioner) and the other spouse (respondent) and outlines the terms of the divorce. You will also pay a filing fee at this time.
- Inform Your Spouse: You must provide your spouse with a copy of the filed petition. Then, they must sign either a Waiver of Service or a Respondent’s Original Answer. The waiver is more common in amicable divorces and must be signed before a notary.
- Prepare the Final Decree: This is the most important document. The Final Decree of Divorce contains all the specific details of your agreement on property, debts, and children. Both spouses must sign this document in front of a notary.
- Observe the Waiting Period: Texas law requires a mandatory 60-day waiting period after the Original Petition is filed. No divorce can be finalized during this “cooling-off” period.
- Go to the Final Hearing: After the waiting period, you will attend a brief hearing. You’ll need to bring all your documents and prepare a short testimony for the judge, confirming the details of your agreement.
- Get the Final Judgment: Once the judge signs the Final Decree of Divorce, you take it to the court clerk. They will provide you with certified copies, making your divorce official.
DIY, Online Service, or Attorney: Which is Right for You?
For an uncontested divorce, you have several options for handling the paperwork, each with different levels of cost and support. The best choice depends on your comfort with legal forms and your specific situation.
A DIY divorce is the cheapest option, but it requires you to handle all the research and paperwork yourself. An online service offers a middle ground, while an attorney provides full service at the highest cost.
Consider the complexity of your assets and whether you feel confident navigating the court system alone before making a decision.
| Option | Best For | Estimated Cost | Pros & Cons |
|---|---|---|---|
| DIY Divorce | Simple cases with no children or major assets. | $250 – $400 (Court filing fees) | Pro: Lowest cost. Con: High risk of errors in paperwork. |
| Online Divorce Service | Couples who need help with forms but agree on all terms. | $150 – $1,000 + filing fees | Pro: Affordable guidance. Con: Not suitable if there is any conflict. |
| Divorce Attorney | Cases with complex assets or potential for conflict. | $3,000+ | Pro: Expert legal advice. Con: Most expensive option. |
Understanding the 60-Day Waiting Period
Texas law mandates a “cooling-off” period for all divorces. This means that from the day you file the Original Petition for Divorce, you must wait at least 60 days before a judge can sign your Final Decree.
This period is designed to give couples a chance to reconsider and potentially reconcile. The clock starts the day the petition is officially filed with the court clerk. It includes weekends and holidays.
You can use this time to ensure all your paperwork is perfectly in order and that both you and your spouse are still in complete agreement with the terms outlined in the Final Decree. The divorce cannot be finalized on day 59, only on or after day 61.
Frequently Asked Questions about Uncontested Divorce in Texas
Do I have to go to court for an uncontested divorce in Texas?
Yes, one of the spouses (usually the petitioner) must attend a short, simple hearing to present the signed Final Decree of Divorce to a judge and provide a brief testimony.
What if my spouse and I have minor children?
The process is similar, but you will need to complete additional forms. This includes a Standard Possession Order for visitation and documents detailing child support arrangements.
How much does an uncontested divorce cost in Texas?
The main cost is the court filing fee, which typically ranges from $250 to $400 depending on the county. If you use an online service, there will be an additional fee for their assistance.
Can we still get an uncontested divorce if we own a house?
Yes, as long as you both agree on what to do with the house. The agreement, whether it’s selling the house and splitting the proceeds or one spouse buying out the other, must be clearly written in your Final Decree of Divorce.
What happens if we change our minds during the 60-day waiting period?
If you decide to reconcile, you can file a motion with the court to dismiss your divorce petition. This effectively stops the divorce proceedings.
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