Uncontested Divorce in Texas

Texas allows an uncontested divorce when spouses agree on every issue, but you must wait at least 60 days after filing before a judge can finalize it.

By , Retired Judge
Updated by Editors of DivorceNet

You can get an uncontested divorce in Texas if you meet the following requirements:

  • you or your spouse has lived in Texas for at least 6 months and in the county where you file for at least 90 days
  • you and your spouse agree that your marriage has become “insupportable,” and
  • you agree on every issue in your case, including property, debts, spousal maintenance, and provisions for your children.

An uncontested divorce in Texas usually costs around $350 in filing fees, depending on the county. You can finalize it as soon as 61 days after you file, without a drawn-out court battle.

Read on to find out more about the process, including the paperwork you'll need, the rules for delivering (or "serving") divorce papers, and what to expect at each stage.

How to Qualify for an Uncontested Divorce in Texas

To file for an uncontested divorce (also known as "dissolution of marriage") in Texas, you must meet three basic requirements: state residency, agreement on the reason for your divorce, and agreement on the issues in your case.

Texas's Residency Requirement for Divorce

To get a Texas divorce, either you or your spouse must have lived:

  • in the state for six months before filing, and
  • in the county where you plan to file for the previous 90 days.

(Tex. Fam. Code § 6.301 (2026).)

Agreement on the Legal Reason for Divorce

As in all states, you need a legally accepted reason (or "ground") for divorce in Texas. The state allows divorce based on both "fault" and "no-fault" grounds. (Tex. Fam. Code §§ 6.001-6.007 (2026).) If you file for a fault-based divorce, you'll claim that your spouse was to blame for the end of the marriage because of a certain type of misconduct (like adultery, abandonment, or cruelty). In a no-fault divorce, neither spouse accuses the other of wrongdoing.

The most commonly used no-fault ground in Texas is that the marriage has become "insupportable" because of conflict or clash of personalities, and it's not reasonable to expect that you could reconcile. You can also file for a no-fault divorce if you and your spouse have lived apart "without cohabitation" for at least three years. Texas law doesn't define cohabitation for this purpose; resuming a sexual relationship or moving back in together during that time might restart the clock. If you’re uncertain about your circumstances, ask a family law attorney for guidance. (Tex. Fam. Code § 6.006 (2026).)

It's highly unlikely that you'd qualify for an uncontested divorce in Texas if you file using a fault-based ground. Your spouse would likely balk at the accusation of fault, which would hamper (if not outright eliminate) any chance of settling your case. Remember, if any aspect of your case is in dispute, the court won't consider the case uncontested.

Agreement on the Issues in Your Divorce

Before you file for an uncontested divorce, you and your spouse will need to agree on all the issues in your case, including:

If you're having trouble finding common ground, mediation might help you find solutions that work for both of you. Most mediators will prepare a document reflecting any agreements you've reached. You can use this document to prepare your written marital settlement agreement (sometimes called a "property settlement agreement" or "divorce settlement agreement").

Preparing the Uncontested Divorce Forms

As with most legal proceedings, you'll need to submit some forms to start your Texas divorce case.

Where to Find Texas Divorce Forms

When you're filing for an uncontested divorce, you can find simplified forms and directions on the Texas Law Help website. The forms differ depending on your situation, including whether you and your spouse have minor children and whether you're the "petitioner" (the spouse who starts the process by filing the divorce petition) or the "respondent" (the other spouse).

The Texas Judicial Branch also provides approved divorce forms, but only for uncontested cases where the spouses:

  • have no minor children
  • own no real property (like a house)
  • aren’t seeking spousal support, and
  • meet several other conditions.

Some Texas counties have their own local forms, so check with the district court clerk in the county where you plan to file to make sure you have all the right forms.

To simplify matters, you could instead file for divorce online by using a service that completes the proper uncontested divorce forms for you, based on your answers to a questionnaire. These services typically also help you create a settlement agreement, and some will file the divorce papers for an additional fee.

Completing Your Divorce Petition and Other Required Documents

To start the divorce, you'll need to complete an Original Petition for Divorce. This gives the court information about your marriage and sets out what you're asking for in the divorce, such as spousal support or child custody. If either you or your spouse lives out of state, you'll also have to file an Out-of-State Party Declaration. As of September 1, 2025, if you have minor children, you must also submit a certified copy of each child's birth certificate if one is available to you. (Tex. Fam. Code § 102.008(c-1) (2026).)

You'll also need to find out whether the county where you're filing requires "standing orders." These are court orders that take effect when you file the petition. They maintain the status quo in certain areas of the marriage until a judge can review these issues. Standing orders typically involve:

  • children, such as preventing either parent from removing a child from the state, and
  • property, such as prohibiting a spouse from selling off assets or requiring a spouse to preserve business records.

After you’ve prepared your forms, you’ll move on to filing them with the correct court.

Filing Your Uncontested Divorce Paperwork

Once you've completed and signed the applicable forms, you'll file them with the district court clerk of the county where you or your spouse has lived for the last 90 days. You can either deliver an original and two copies to the clerk's office or use the court's electronic filing system. You'll receive file-stamped copies of the documents.

You'll almost always need to pay a fee to file the divorce papers (more on that below).

What Happens After You File for Uncontested Divorce?

Once you file the divorce petition, it has to be "served on" (delivered to) your spouse, together with a "service of citation" from the clerk's office. The standard way to serve divorce papers is to have the sheriff's office or a private process server hand-deliver them. But because you and your spouse are cooperating, you can skip formal service by having your spouse sign and file a Waiver of Service Only form acknowledging that they received a copy of the filed petition from you. Your spouse must sign the waiver in front of a notary (who can't be an attorney in your case) after the petition is filed. (Tex. Fam. Code § 6.4035 (2026).) Texas's official forms instruct spouses to wait until at least one day after the petition is filed, or the waiver will have to be redone.

To keep your uncontested divorce moving, your spouse can also sign the Final Decree of Divorce at the same time as the waiver of service. The final decree sets out the terms of your agreement, and you must submit it to the court to finalize the divorce.

If your spouse files an answer instead of a waiver, it's due by 10 a.m. on the Monday after 20 days have passed since service. (Tex. R. Civ. P. 99(b) (2026).) A spouse might file an answer instead of a waiver for several reasons, including needing more time to review the agreement or simply preferring not to waive any legal rights. You can still finish the divorce by agreement if your spouse later signs the final decree.

If your spouse doesn't respond to the petition and doesn't sign the final decree, you can still get a divorce by "default judgment." But you'll have to provide evidence to support the requests you made in your petition. (Tex. Fam. Code § 6.701 (2026).)

How Long Does It Take to Get an Uncontested Divorce in Texas?

After you file the divorce petition, Texas has a mandatory 60-day waiting period before you can get your final divorce decree. The waiting period doesn't apply in certain family violence situations, such as when you have an active protective order against your spouse. (Tex. Fam. Code § 6.702 (2026).)

The 60-day waiting period starts on the date you file your petition, not when your spouse is served or signs a waiver. Most uncontested divorces are finalized soon after the waiting period ends, but the process could take longer if you and your spouse need extra time to complete required paperwork or finalize your agreement. If you both resolve all issues and sign the necessary documents promptly, you’ll be ready to finish your divorce as soon as the 60 days have passed.

Do You Have to Attend a Divorce Hearing in Texas?

In some counties, you can complete your divorce with a notarized affidavit instead of appearing at a hearing. The court clerk can explain how it works in your county and help you schedule a final hearing if required.

Hearings for uncontested divorces in Texas (sometimes called "prove-up" hearings) are usually short. The judge will make sure you've complied with all the requirements for getting a divorce and review the decree of divorce that you and your spouse have signed. On the day of your hearing, try to get to court a little early so you can familiarize yourself with your surroundings and let court personnel know you've arrived.

How Much Does an Uncontested Divorce Cost in Texas?

As a rule, an uncontested divorce is a lot cheaper than a traditional, contested divorce. That's because many couples can complete the uncontested divorce process without hiring lawyers, which can lead to big savings on the normal cost of divorce.

The basic expense for an uncontested divorce is usually the court fee for filing the divorce papers. Texas filing fees vary by county and sometimes depend on whether children are involved. In any case, expect to pay around $350 (as of 2026, but always subject to change). If you can't afford the filing fee, you can ask the court to waive it by filing a Statement of Inability to Afford Payment of Court Costs. (Tex. R. Civ. P. 145 (2026).)

Beyond the filing fee, your costs will depend on whether you get a fully do-it-yourself divorce or need some help with the process: 

  • Online divorce services typically charge between $150 and $700 to provide and complete the divorce forms and settlement agreement.
  • If you need help reaching a settlement agreement, the cost of divorce mediation can vary widely, depending on the number and complexity of the issues. Typical total costs range from about $3,000 to $8,000, with each spouse normally paying half.
  • If you're splitting retirement accounts related to your employment (like a 401(k) or pension), you'll probably need to pay an expert to prepare the special court order known as a "qualified domestic relations order" (QDRO).

And, of course, if you hire lawyers, your costs will go up—but you can probably minimize lawyers’ fees by getting help only when it’s truly necessary.

Do You Need a Lawyer to Get an Uncontested Divorce?

Many couples can handle an uncontested divorce in Texas without a lawyer, either on their own or with an online divorce service. But it's a good idea to have a family law attorney review your settlement agreement to be sure it’s fair and protects your rights.

If you have complicated assets, like retirement plans or a family business, a lawyer or a mediator with financial expertise can help draft the agreement. The cost will depend on the lawyer's hourly rate and the time involved, but it should be much less than paying an attorney to handle your entire divorce.

The following organizations offer free legal help to those who qualify:

Even in an uncontested case, your decree finalizes decisions about property, retirement accounts, and your children that are hard to undo later. That's why it's worth having a family law attorney review your agreement before you sign.