Texas Uncontested Divorce Requirements: Step-by-Step Guide for Spouses

On a quiet Sunday morning, Emily and Jacob sat at opposite ends of their living room couch, the weight of unspoken decisions settling between them. After years of trying to make their marriage work, they finally reached the same conclusion: it was time to move forward separately, but with dignity and compassion. They didn’t want a courtroom battle or months of fighting; they simply wanted a clear path that allowed them to part peacefully and protect the life they’d built. Like many Texas couples, they began searching for clarity and quickly found themselves reading about Texas Uncontested Divorce Requirements—the legal framework that makes cooperation possible when emotions are high but intentions are respectful.

At The Law Office of Bryan Fagan, PLLC, we know that every divorce begins with a deeply personal moment like this—one where courage meets uncertainty. Families often tell us they don’t fear the legal process as much as they fear feeling overwhelmed, uninformed, or unprotected. That’s why the Texas Family Code offers a structured, predictable process, especially in uncontested cases where both spouses agree on key issues. When you understand the requirements, the path ahead becomes far less intimidating and far more empowering.

Our mission as a Texas family law firm is rooted in a simple truth: people deserve peace of mind during life’s hardest transitions. We serve that mission by providing compassionate counsel, clear education, and innovative legal solutions that simplify a complex and emotional process. Led by Bryan Joseph Fagan—a South Texas College of Law graduate and recognized authority on Texas divorce and custody law—our firm has become a trusted guide for thousands of individuals navigating divorce with intention and integrity.

In the following sections, you’ll learn exactly what qualifies a divorce as uncontested in Texas, how the legal requirements work, and how parents can protect their children’s stability and well-being throughout the transition. Whether you’re preparing to file or just exploring your options, this guide is here to give you clarity, confidence, and a reassuring sense that you’re not walking this road alone.

Key Takeaways

• Complete Agreement Required: An uncontested divorce Texas requires both spouses to agree on all issues including property division, child custody, child support, and spousal maintenance—no “we’ll figure that out later” items allowed
• Residency Rules Apply: At least one spouse must have lived in Texas for six months and in the filing county for 90 days before filing, even in agreed cases
• 60-Day Waiting Period: Texas law mandates a minimum 60-day waiting period from filing to finalization, with limited exceptions for family violence cases
• Proper Documentation Essential: Courts frequently reject Final Decree of Divorce documents that are incomplete, unclear, or don’t comply with Texas Family Code requirements
• Legal Review Recommended: Even in uncontested cases, having an experienced divorce attorney review documents can prevent costly mistakes and future disputes

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What Are the Texas Uncontested Divorce Requirements? (Short Answer)

A divorce qualifies as “uncontested” in Texas when both spouses agree on all material terms and resolve their case through cooperation rather than litigation. This doesn’t mean the law isn’t involved—it simply means you’re using agreement instead of court battles to address every issue.

The core Texas Uncontested Divorce Requirements include:

• Residency Compliance: At least one spouse meets Texas residency rules under Tex. Fam. Code § 6.301 (six months in Texas, 90 days in the filing county)
• Complete Agreement: Both spouses fully agree on property division, debt allocation, child custody, child support, visitation schedules, and any spousal support
• Proper Paperwork: All required Texas divorce paperwork is accurately completed, signed, and filed (Original Petition, Waiver of Service or Answer, Final Decree of Divorce, and any child-related forms)
• Waiting Period: The couple observes the mandatory 60-day waiting period required by Tex. Fam. Code § 6.702, unless a narrow family violence exception applies
• Court-Approved Decree: The Final Decree of Divorce reflects the complete agreement and meets all Texas legal standards for enforceability

The difference between “uncontested” and “simple” is crucial to understand. Uncontested means there are no live disputes requiring a judge to make decisions after hearings—but the legal requirements remain just as detailed. Even the smoothest agreed divorce must be formally filed, processed, and approved through the court system in compliance with Texas law.

Texas Residency Requirements for Uncontested Divorce

Before any Texas court can grant a divorce—even when both spouses completely agree—the court must have proper jurisdiction over the case. This means meeting specific residency requirements that apply regardless of how cooperative your divorce process might be.

Under Tex. Fam. Code § 6.301, at least one spouse must have:

• Lived in Texas for at least six continuous months before filing the divorce petition, and
• Lived in the county where you plan to file for at least 90 days before filing

These requirements apply even when both spouses fully agree on the divorce and all settlement terms. The court simply cannot proceed without proper jurisdiction.

Consider this example: If Maria and James just moved from California to Houston three months ago, they cannot yet file for divorce in Texas—even if they agree on everything. They must wait until one of them has lived in Texas for six full months. Conversely, if Maria has been stationed overseas with the military but maintains Texas as her home state and Harris County as her home county, she may still meet the residency requirements despite temporary absence.

Special rules under Tex. Fam. Code §§ 6.303-6.304 address situations involving military families and Texans temporarily living outside the state. These provisions generally allow military members to maintain Texas residency for divorce purposes when Texas has been their established home.

What happens if you don’t meet residency requirements? The court will likely dismiss your case, requiring you to either wait until requirements are satisfied or file in the correct jurisdiction. This can delay your divorce process and potentially increase costs if you need to start over with new paperwork.

Agreement on All Divorce Issues: The Heart of an Uncontested Case

To meet Texas Uncontested Divorce Requirements, there must be complete agreement between spouses—no unresolved issues can remain for the court to decide later. The moment even one significant issue becomes disputed, your case shifts from uncontested to contested, requiring a different legal process with hearings, temporary orders, and potentially trial.

Property and Debt Division

Texas operates as a community property state under Tex. Fam. Code § 3.002, meaning most property and debts acquired during marriage are presumed to belong to both spouses. For an uncontested divorce, you and your spouse must reach full agreement on:

Asset Division: Who keeps the family home, vehicles, bank accounts, investment accounts, retirement funds, business interests, and personal property. Even couples with modest assets typically have some community property requiring division.

Debt Allocation: How to handle credit cards, personal loans, tax debts, mortgages, and car payments. Remember that assigning debt responsibility in your divorce decree doesn’t automatically release either spouse from obligations to creditors.

Separate Property Confirmation: Any property owned before marriage or acquired during marriage through gift, inheritance, or certain personal injury recoveries should be clearly identified and confirmed as separate property.

Complex Assets: Items like retirement accounts often require additional documentation such as a Qualified Domestic Relations Order (QDRO) to effectuate division.

For example, consider a couple with one rental home, two vehicles, some credit card debt, and modest retirement accounts. While this might seem straightforward, the divorce decree must specify exactly who gets which vehicle (including how titles transfer), how rental property ownership and management will change, who pays which debts, and how retirement accounts will be divided.

Children: Conservatorship, Possession, and Support

When minor children are involved, Texas law adds substantial requirements to any uncontested divorce process. Courts will closely examine any agreement involving children to ensure it serves their best interests under Tex. Fam. Code § 153.002.

Parents must reach complete agreement on:

Conservatorship: Whether both parents will be joint managing conservators or one parent will be designated as sole managing conservator, and which parent has the right to establish the child’s primary residence (Tex. Fam. Code ch. 153).

Possession and Access: A detailed parenting schedule covering regular weekends, holidays, summer vacation, and transportation arrangements. Many couples adopt Texas’s Standard Possession Order or create a custom schedule.

Child Support: Payment amount, frequency, and method that complies with Texas child support guidelines under Tex. Fam. Code ch. 154, unless there’s a justified deviation that serves the child’s best interests.

Medical Support: Who will provide health insurance coverage, how premium costs are shared, and how uninsured medical expenses will be allocated between parents.

Decision-Making Authority: How parents will handle major decisions about education, healthcare, extracurricular activities, and religious upbringing.

Take Jennifer and David, who agree they should have joint conservatorship with Jennifer having the right to establish their daughter’s primary residence. They want to follow a standard possession schedule and calculate child support according to Texas guidelines. Their agreement works well for an uncontested divorce because every detail is resolved and child-focused.

Spousal Maintenance / Contractual Support

Texas recognizes two types of support between former spouses:

Court-Ordered Spousal Maintenance: Limited statutory support under Tex. Fam. Code ch. 8 with strict eligibility requirements related to marriage length, disability, or family violence.

Contractual Alimony: Support terms negotiated and agreed to by the spouses as part of their settlement agreement.

For an uncontested divorce, couples must clearly decide:

• Whether any support between spouses will be paid
• The exact amount, frequency, and duration of payments
• Conditions that would terminate support (such as remarriage or cohabitation)
• Whether support can be modified in the future

Vague or poorly drafted maintenance terms often lead to enforcement problems years later, which is why precision in drafting these provisions is crucial.

Required Forms and Documents for an Uncontested Divorce in Texas

Even a “simple” uncontested divorce involves multiple legal documents, and the exact requirements depend on your family’s circumstances. Each county may also have specific local forms or filing requirements.

The complexity of required documentation typically depends on whether your case involves:

• No children and minimal property
• Children but straightforward assets
• Children and complex property like real estate or business interests

Core Divorce Pleadings

Every uncontested divorce case requires these fundamental documents:

Original Petition for Divorce: This document formally opens your family law case and states the legal grounds for divorce (typically “insupportability” under Tex. Fam. Code § 6.001), identifies the parties and any children, and broadly requests the court’s orders on property, children, and other issues.

Civil Case Information Sheet: Many counties require this cover sheet when filing cases in person to help categorize the matter for court administration.

Waiver of Service or Answer: In uncontested cases, the non-filing spouse typically signs a Waiver of Service to avoid formal process service. Alternatively, they may be served formally and file an Answer indicating their participation in the case.

Final Decree of Divorce: This comprehensive court order officially ends the marriage and contains all specific terms regarding property division, debt allocation, and parenting arrangements. This is the most critical document, as it governs your post-divorce relationship.

Many attorneys also prepare a separate Marital Settlement Agreement that details the spouses’ complete agreement, then incorporate this agreement into the Final Decree of Divorce for court approval and enforcement.

Child-Related and Support Documents (If Applicable)

Cases involving minor children require additional forms and detailed provisions:

Information on Suit Affecting the Family Relationship: This state-required form captures data about children for vital statistics tracking.

Parenting Plan: Detailed conservatorship and possession provisions may be included directly in the Final Decree or prepared as a separate parenting plan document.

Child Support Worksheet: Texas courts expect to see guideline calculations and any explanations for deviations from standard amounts.

Medical Support Provisions: Specific language addressing health insurance coverage and uninsured medical expense sharing.

Income Withholding Order: When child support is ordered, courts often require a separate wage withholding order to facilitate automatic payment collection.

Judges frequently reject divorce decrees that lack required parenting details such as holiday schedules, summer possession arrangements, and pickup/drop-off logistics. The more specific your parenting provisions, the less likely you’ll face enforcement disputes later.

Property and Retirement Division Documents

Certain assets require specialized documentation beyond the basic divorce decree:

Real Estate Transfers: Special warranty deeds or other property transfer documents to implement the property division ordered in your decree.

Vehicle Title Transfers: Documentation to transfer ownership of cars, trucks, or other titled vehicles.

Qualified Domestic Relations Orders (QDROs): Required to divide 401(k) plans, pensions, and other employer-sponsored retirement accounts.

Business Transfer Documents: If one spouse owns business interests that need to be transferred or valued as part of the property division.

Failing to properly handle these supplemental documents is a common and expensive mistake in do-it-yourself uncontested divorces.

The Mandatory 60-Day Waiting Period in Texas

Texas law under Tex. Fam. Code § 6.702 requires a minimum 60-day waiting period for most divorces, including uncontested cases. This “cooling-off” period begins the day after your Original Petition for Divorce is filed, meaning the earliest a judge can sign your Final Decree is typically on day 61 after filing.

The Legislature created this waiting period to give spouses time to reconsider their decision, attempt reconciliation, seek counseling, or work out settlement details. Even when both spouses are certain about divorcing and agree on all terms, they cannot skip this mandatory waiting period.

Limited exceptions exist for cases involving family violence, such as when:

• One spouse has been convicted of a family violence offense against the other spouse or family member
• The court has issued an active protective order based on family violence findings

However, cases involving family violence are rarely appropriate for purely uncontested treatment due to safety concerns and power dynamics.

Couples can use the 60-day waiting period productively by:

• Finalizing all settlement agreement details
• Gathering required financial documentation
• Drafting and reviewing the Final Decree of Divorce
• Arranging detailed parenting schedules if children are involved
• Consulting with legal counsel to ensure all documents are complete and enforceable

Keep in mind that some counties may also have scheduling requirements for final hearings that extend the timeline beyond 60 days, even in uncontested cases.

Step-by-Step Process for Filing an Uncontested Divorce in Texas

Successfully completing an uncontested divorce requires careful attention to legal requirements and procedural details. Here’s the typical process from start to finish:

Step 1: Confirm You Meet Texas Uncontested Divorce Requirements

Before filing anything, verify that your situation truly qualifies for uncontested treatment:

• Both spouses meet Texas residency requirements
• No unresolved disputes exist about property, debts, children, or support
• No history of family violence that would make “agreement” unsafe or coerced
• Both parties genuinely want to proceed cooperatively

Consider consulting with an experienced divorce attorney early to confirm whether your case is appropriate for uncontested handling.

Step 2: Prepare and File the Original Petition for Divorce

One spouse (the Petitioner) files the Original Petition in the appropriate district court for your county. This involves:

• Selecting appropriate grounds (typically “insupportability” for no-fault uncontested cases)
• Paying the required filing fee or submitting a Statement of Inability to Afford Payment of Court Costs if you qualify for fee waiver
• Receiving a cause number and court assignment from the clerk’s office

Step 3: Provide Legal Notice to the Other Spouse

The Respondent spouse must receive proper notice of the divorce case through one of these methods:

• Signing a Waiver of Service after the petition is filed (this must be notarized and cannot be signed before filing)
• Being formally served by a constable, sheriff, or process server, then filing an Answer

A properly executed waiver can significantly speed up uncontested cases and reduce court costs.

Step 4: Negotiate and Finalize All Settlement Terms

During the mandatory waiting period, spouses work out complete agreement details on:

• Property and debt division specifics
• Parenting plans and child support calculations
• Any spousal maintenance or contractual support arrangements

Everything agreed upon must be reduced to clear, specific written terms. If you discover disagreements during this phase, you may need mediation or other dispute resolution before proceeding.

Step 5: Draft and Review the Final Decree of Divorce

The Final Decree serves as the controlling legal document for your post-divorce life, so accuracy and completeness are essential. The decree must include:

• Detailed property and debt division
• Comprehensive parenting provisions if children are involved
• Child support and medical support orders
• Any name change requests
• All required statutory language and warnings

Even in otherwise do-it-yourself cases, having a Texas family law attorney review your Final Decree before submission can prevent rejection by the judge or enforcement problems later.

Step 6: Wait Out the 60 Days and Schedule Your Final Hearing

After at least 60 days have passed since filing, you can schedule a “prove-up” hearing. Some Texas counties allow virtual hearings or affidavit prove-ups in agreed cases, while others require brief in-person testimony. Check with your local court coordinator about scheduling procedures and requirements.

Step 7: Attend the Final Hearing and Obtain the Signed Decree

At the prove-up hearing, the Petitioner (and sometimes both spouses) provides brief sworn testimony confirming:

• Residency and jurisdictional requirements
• Grounds for divorce (typically that the marriage has become insupportable)
• Basic agreement terms and their fairness
• That any child-related arrangements serve the children’s best interests

The judge reviews your Final Decree of Divorce and may ask clarifying questions. If satisfied that all legal requirements are met, the judge signs the decree, making your divorce official.

Errors in documentation or missing required provisions can cause the judge to reset your hearing or require corrections, which delays finalization and may increase costs.

When an Uncontested Divorce Cannot Proceed

Some situations are not appropriate for uncontested treatment, even when one spouse prefers to avoid conflict. Attempting to force an uncontested process in these circumstances often backfires, causing delays and additional expenses.

Common situations where uncontested divorce may not be possible include:

Active Family Violence: Cases involving current or recent domestic violence, protective orders, or coercive behavior require careful court oversight to ensure any agreements are truly voluntary and safe.

Significant Parenting Disputes: If parents disagree about primary residence, school choice, supervised visitation, or major decision-making authority, the court must evaluate evidence and make custody determinations in the children’s best interests.

Property Division Conflicts: Disputes over who keeps the family home, how to value a business, or whether one spouse is hiding assets require formal discovery procedures and possibly expert testimony.

Non-Participation: When one spouse refuses to communicate, sign documents, or participate in settlement negotiations, the case may need to proceed through default procedures rather than as an agreed matter.

Complex Asset Portfolios: Multiple real estate holdings, closely held businesses, professional practices, or substantial investment portfolios often require sophisticated legal drafting and expert valuation, even when spouses generally agree.

These situations typically require contested divorce procedures including temporary orders, formal discovery, mediation, and potentially trial. While this may take longer and cost more initially, it often provides better long-term protection and clearer resolution.

Common Mistakes in Texas Uncontested Divorces

Trying to save money by handling everything without professional guidance can actually become more expensive if legal details are missed or handled incorrectly. Here are frequent pitfalls to avoid:

Using Generic Online Forms: Many internet divorce forms don’t comply with Texas Family Code requirements or include mandatory language that Texas courts expect to see. Judges often reject such decrees, requiring costly revisions and additional court appearances.

Inadequate Retirement Account Division: Couples frequently overlook retirement assets or assume they can simply agree “each keeps their own.” Without proper QDROs and court orders, retirement plan administrators cannot legally transfer funds, leaving money inaccessible or improperly allocated.

Vague Parenting Provisions: Divorce decrees with unclear custody and visitation terms like “reasonable visitation” often lead to future conflicts. Texas courts prefer specific, enforceable possession schedules that address holidays, summer vacation, and transportation logistics.

Incorrect Child Support Calculations: DIY filers sometimes misapply guideline percentages, use gross instead of net income, or set support below recommended levels without adequate legal justification. Courts will reject such arrangements until corrected.

Misunderstanding Debt Assignment: Assigning debt responsibility in a divorce decree doesn’t prevent creditors from pursuing both spouses if the assigned party defaults. Couples need to understand these limitations and plan accordingly.

Overlooking Tax Consequences: Property division decisions can have significant tax implications involving capital gains, dependency exemptions, and filing status changes that aren’t immediately obvious but matter greatly later.

Skipping Legal Review: Even cooperative couples benefit from having an attorney review their Final Decree of Divorce before submission to ensure enforceability and completeness.

Consider Rebecca and Tom, who agreed on everything and prepared their own divorce papers. However, their decree failed to address holiday possession, included an unenforceable debt assignment, and lacked required child support warnings. Two years later, they returned to court multiple times to clarify their arrangements, ultimately spending more on litigation than they would have on proper initial representation.

Why Legal Representation Still Matters in an Uncontested Divorce

Many couples hope to handle uncontested divorce cases entirely without attorneys to minimize costs. While this approach can work in very simple situations, legal representation often provides significant value even in cooperative cases.

Ensuring Legal Enforceability: Divorce decrees must anticipate future disputes and contain specific, enforceable language. Attorneys ensure that property descriptions are legally sufficient, parenting provisions are comprehensive, and all required statutory language is included.

Preventing Future Conflicts: Seemingly minor omissions like who pays uninsured medical expenses or how to handle a future home sale can create serious disputes years later. Experienced counsel helps identify and address potential “time bombs” in agreements.

Using Proper Texas Legal Language: Texas courts expect certain standardized wording derived from the Family Code. Attorneys understand local judicial preferences and county-specific requirements that can speed approval and prevent delays.

Protecting Your Rights: Even in amicable situations, spouses may not fully understand long-term implications of waiving retirement benefits, agreeing to below-guideline child support, or accepting unequal property divisions. Legal counsel ensures you make informed decisions about your future financial and parental rights.

Avoiding Costly Delays: Judges frequently reject poorly prepared decrees, forcing multiple court appearances and potentially increasing conflict between spouses. Professional preparation usually allows finalization at the first prove-up hearing.

The Law Office of Bryan Fagan PLLC offers several options for uncontested divorce representation:

• Full-service representation including all document preparation and court appearances
• Limited-scope assistance such as decree review or specific document preparation
• Flat-fee arrangements for straightforward agreed cases
• Consultation services to help you understand your options and requirements

Our extensive experience across Harris, Montgomery, Fort Bend, and surrounding counties means we understand local court procedures and can tailor your documents to meet specific judicial expectations.

Our Mission at The Law Office of Bryan Fagan PLLC

Why We Do This Work: Our purpose is to empower Texas families to navigate divorce and family law challenges with clarity, dignity, and confidence. We believe that ending a marriage doesn’t have to destroy a family, especially when children are involved. Even in uncontested cases, families deserve thoughtful legal guidance that protects their interests and preserves their ability to co-parent successfully.

How We Approach Uncontested Divorces: We provide compassionate counsel that respects our clients’ desire to avoid conflict while still ensuring their legal rights are protected. We educate clients about their options, explain the requirements of Texas law in plain English, and help them make informed decisions about their future. Our approach combines efficiency with thoroughness, recognizing that most families want to move forward quickly but correctly.

What We Offer: Our family law practice focuses on comprehensive services including:

• Uncontested and contested divorce representation
• Child custody and visitation cases
• Child support establishment, modification, and enforcement
• Complex property division including business interests and retirement accounts
• Spousal maintenance and support matters
• Post-divorce modification and enforcement proceedings

Whether your case starts as uncontested and remains cooperative throughout, or whether complications arise requiring more formal legal proceedings, we’re equipped to guide you through every step of the process.

We understand that legal representation is an investment, and we work to provide clear, cost-effective solutions tailored to each family’s circumstances and financial reality.

Actionable Checklist: Texas Uncontested Divorce Requirements

Use this checklist to verify that you’re prepared for an uncontested divorce process in Texas:

Residency and Jurisdiction

• ✅ At least one spouse has lived in Texas for 6+ consecutive months
• ✅ At least one spouse has lived in the filing county for 90+ days
• ✅ You’ve identified the correct district court for filing

Agreement and Cooperation

• ✅ Both spouses agree that the marriage is “insupportable” and want to proceed without blaming each other
• ✅ Complete agreement exists on division of all property (home, vehicles, bank accounts, retirement accounts, investments, personal property)
• ✅ Complete agreement exists on allocation of all debts (credit cards, loans, mortgages, tax obligations)
• ✅ If you have children: detailed agreement on conservatorship, possession schedule, child support amount and method, medical support, and decision-making authority

Documentation and Financial Information

• ✅ You’ve gathered key documents: property deeds, vehicle titles, retirement account statements, recent pay stubs, tax returns, insurance information
• ✅ Both spouses have disclosed all assets and debts honestly
• ✅ Any required QDROs or property transfer documents are planned

Legal Process Requirements

• ✅ Original Petition for Divorce has been properly filed in the correct Texas county
• ✅ Filing fees have been paid or fee waiver approved
• ✅ The other spouse has been properly served or has signed a notarized Waiver of Service
• ✅ All required forms for your county have been completed (Civil Case Information Sheet, family relationship information forms, etc.)

Final Documentation

• ✅ A complete Final Decree of Divorce reflecting all agreements has been drafted
• ✅ The decree includes all required Texas statutory language and provisions
• ✅ Both spouses understand and agree to all terms in the decree
• ✅ At least 60 days have passed since filing the Original Petition

Post-Divorce Planning

• ✅ You have a plan to update beneficiaries on insurance policies and retirement accounts
• ✅ Property transfers and title changes are planned and ready to implement
• ✅ Child support payment arrangements are established if applicable

If you can’t check every box, consider consulting with our experienced family law team to address any gaps or concerns before proceeding.

Conclusion: Moving Forward with Confidence

When you’re standing at a crossroads like divorce, it’s completely normal to feel the mix of relief, worry, hope, and uncertainty that comes with making such a big decision. What matters most is knowing you don’t have to navigate it alone—or guess your way through the legal steps that will shape your family’s future. Understanding the process, especially in an uncontested divorce, gives you something incredibly valuable during an emotional season: clarity. And with clarity comes confidence.

At The Law Office of Bryan Fagan, PLLC, that’s exactly what we want for you. Our mission has always been to educate, empower, and guide families through life’s hardest transitions with compassion and skill. Whether you’re trying to protect your children’s routines, maintain financial stability, or simply move forward with peace of mind, the right legal support can make all the difference in how this chapter unfolds.

If you’re considering taking the next step or just want to talk through your options, we’re here to listen. A conversation with an experienced Texas family law attorney can help you understand your rights, avoid unnecessary stress, and create a plan that truly supports your future. Think of it as giving yourself the room to breathe—and the tools to rebuild with confidence.

Whenever you’re ready, reach out. Your next chapter doesn’t have to feel overwhelming. In fact, it can be the moment everything starts to feel a little clearer.