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Uncontested Divorce in Texas

Requirements for an Uncontested Divorce in Texas

Texas allows uncontested divorce when both spouses agree on all divorce terms and meet basic eligibility criteria.
 

  1. Residency:
    Either spouse must have lived:

    • In Texas for at least 6 months, and

    • In the county of filing for at least 90 days
       

  2. Grounds for Divorce 

    • The most common ground for an uncontested divorce is “insupportability”, Texas’s no-fault ground meaning the marriage cannot continue due to conflict or discord.
       

  3. Mutual Agreement:

    Spouses must agree on all terms of the divorce, including:

    • Division of property and debts

    • Alimony (spousal support), if any

    • Child custody, visitation, and support (if you have children)

Steps to File for an Uncontested Divorce:

  1. Complete the Required Forms

Forms vary by county and whether you have children. Basic forms include:

  • Original Petition for Divorce

  • Waiver of Service or Respondent’s Answer

  • Final Decree of Divorce

  • Civil Case Information Sheet

  • Suit Affecting the Parent-Child Relationship (SAPCR) (if children)

  • Child Support Worksheet and Parenting Plan (if children)

 

Forms available here: https://texaslawhelp.org
 

2. File with the District Court

  • File the paperwork in the District Clerk’s Office in the county where either spouse lives.

  • Filing Fee: Typically $250–$350, depending on the county

  • You can request a fee waiver (called a "Statement of Inability to Afford Payment of Court Costs")


3. Serve Your Spouse or Obtain Waiver

  • If both parties agree, your spouse can sign a Waiver of Service after the petition is filed.

  • Otherwise, they must be formally served with the paperwork.


4. Wait the Mandatory 60 Days

  • Texas requires a 60-day waiting period from the date of filing before the court can finalize the divorce (exceptions apply for family violence cases).

5.Attend the Final Hearing

  • At least one spouse (usually the petitioner) must attend a brief court hearing.

  • Bring your Final Decree of Divorce and any required supporting documents.

  • The judge will review the terms and, if approved, sign the decree.

Cost Considerations

  • Filing Fee: $250–$350
     

  • Attorney Flat Fee: $500–$1,500  (optional)
     

  • Online Divorce Services: $150–$300
     

  • Fee Waiver: Available if approved by the court

Important Considerations

  • With Children:

    • You must file a Parenting Plan and follow Texas child support guidelines

    • A Standard Possession Order is often used for visitation

    • Many counties require both parents to complete a Parenting Class

  • Property Division:

    • Texas is a community property state—assets and debts acquired during the marriage are generally split 50/50 unless agreed otherwise

  • Spousal Support:

    • Rare in uncontested divorces unless both parties agree or specific legal requirements are met

  • Legal Review Recommended:

    • Especially if there are children, real estate, or retirement accounts involved

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