Nationwide Uncontested Divorce Services
PHONE SUPPORT: Mon-Fri 9:00am-6:00pm
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.
-
Residency:
Either spouse must have lived:-
In Texas for at least 6 months, and
-
In the county of filing for at least 90 days
-
-
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.
-
-
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:
-
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
-

