How to Set an Uncontested Divorce for Final Hearing in Texas: Complete Guide

Some moments in life stay with you—the quiet pause at the kitchen table when you realize a long chapter of your marriage is ending, or the unexpected relief that comes when you and your spouse finally agree on how to move forward. Many parents tell us that once the arguments fade and the paperwork begins, what they crave most is clarity: What happens next? How do we finish this process with dignity and as little disruption as possible? Understanding How to Set an Uncontested Divorce for Final Hearing in Texas is often the turning point, the moment when uncertainty finally gives way to a plan.

We’ve seen this countless times at The Law Office of Bryan Fagan, PLLC. One couple recently shared how they sat in their living room, sorting through years of memories—old vacation photos, forgotten anniversary cards, the kind of things that tug at your heart even when you know divorce is the right choice. They weren’t fighting. They weren’t even angry anymore. They were simply ready for peace. But the legal steps ahead still felt intimidating. That’s when they reached out for guidance, wanting assurance that the process wouldn’t undo the progress they’d made emotionally.

Texas law, particularly the “best interest of the child” standard in Texas Family Code §153.002 and the procedural requirements in §6.702, is designed to bring order to these transitions. And with a well-prepared uncontested final hearing, families can move from emotional uncertainty to legal closure far more smoothly than they imagine.

Led by Bryan Joseph Fagan—a South Texas College of Law graduate and recognized authority on Texas divorce and custody matters—our firm’s mission is rooted in empowering families through compassionate counsel, clear education, and innovative legal solutions that simplify complexity. In this guide, you’ll learn exactly how the final hearing works, what courts expect, and how you can minimize delays so your family can step into its next chapter with confidence.

If you’re ready for clarity, stability, and a process that honors the peace you’re working toward, you’re in the right place. Let’s walk through this together.

Key Takeaways

• Texas law requires a minimum 60-day waiting period between filing your original petition and your final hearing date—no exceptions for uncontested cases unless family violence is involved
• You must complete and file all required documents, including a signed Final Decree of Divorce and either a Waiver of Service or the respondent’s Answer, before scheduling your hearing
• Scheduling procedures vary significantly by county—Harris County may offer Zoom hearings on specific days while Bexar County requires different document submission timelines
• Common mistakes like incomplete paperwork, missing notarization, or improper child support calculations can delay your divorce by weeks or months
• Working with an experienced family law attorney familiar with your county’s procedures can cut your timeline in half and prevent costly errors

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What Is a Final Hearing in an Uncontested Divorce?

The final hearing in an uncontested divorce—commonly referred to in Texas as a “prove-up” hearing—is the last official step before your marriage is legally dissolved. When learning How to Set an Uncontested Divorce for Final Hearing in Texas, it helps to understand what actually happens during this brief but essential court appearance. A judge will review your proposed Final Decree of Divorce and ask a short series of questions to ensure your agreement complies with Texas law, including the residency requirements outlined in Texas Family Code §6.301 and the mandatory 60-day waiting period in §6.702.

During the hearing, the judge must confirm that both spouses entered the agreement voluntarily, that no coercion occurred, that the proposed property division is “just and right” under Texas Family Code §7.001, and—when children are involved—that your parenting plan satisfies the “best interest of the child” standard found in §153.002. Judges also review child support, medical and dental support (Texas Family Code §§154.181–154.187), and any conservatorship or possession terms to ensure they meet current statutory requirements. Families often find it helpful to review our detailed guide, Texas Divorce Prove-Up: Key Facts and Process, for a deeper look at what the court expects.

A prove-up hearing is typically brief—often 5 to 15 minutes. The judge will ask scripted questions, the filing spouse provides testimony confirming the accuracy and fairness of the decree, and if everything is in order, the judge signs the Final Decree of Divorce on the spot. That signature is what officially finalizes your divorce under Texas law.

Depending on the county, your final hearing may take place in person or through a virtual platform such as Zoom. Since 2020, many Texas courts—including those in Harris County and Dallas County—have continued to offer virtual uncontested dockets for the convenience of families statewide. Your court coordinator will advise you on how your specific court handles uncontested hearings.

Imagine a common scenario: A Harris County couple files their petition on January 1. After the 60-day statutory waiting period passes, they contact their court coordinator and receive a Friday morning Zoom setting. Both appear on-screen, the petitioner answers the judge’s questions, the attorney confirms the decree is consistent with the Texas Family Code, and within 15 minutes the judge signs their Final Decree. With that signature, the couple moves forward with certainty and closure.

If you are preparing for your own final hearing and want step-by-step clarity, our resource on How to Set an Uncontested Divorce for Final Hearing in Texas offers additional guidance, and our family law team is always here to help you navigate the process with confidence and compassion.

Overview: How to Set an Uncontested Divorce for Final Hearing in Texas

Setting your final hearing is a structured process, but the exact steps can vary depending on your Texas county. Understanding this process is essential when learning How to Set an Uncontested Divorce for Final Hearing in Texas, because even a fully agreed divorce must meet very specific statutory requirements before a judge can grant it. As outlined in Texas Family Code §6.702, every divorce requires a mandatory 60-day waiting period, and courts cannot waive this requirement unless family violence applies. This timeline applies equally to all Texas spouses, regardless of whether the marriage involves children or is between same-sex partners.

The first step is ensuring that all required forms are completed correctly. This includes a Final Decree of Divorce signed by both spouses and any necessary parenting documents when minor children are involved. If your spouse is participating in the process, a Waiver of Service or Answer must be filed to confirm the case is truly uncontested. Missing signatures or improperly filed waivers are among the most common reasons cases are delayed. For additional guidance on the initial filing stages, many spouses find our resource, How to Do an Uncontested Divorce in Texas, helpful.

Once the waiting period begins, you can contact your assigned court or coordinator to schedule the final hearing. Some counties allow online scheduling, while others require phone or email coordination. Each court has its own preferences regarding when your Final Decree and supporting documents must be filed—some want everything submitted several days in advance, while others allow you to bring your paperwork to the hearing. Knowing your local court’s expectations can save weeks of unnecessary delay.

At the hearing, you will complete what is known as a “prove-up.” This is a brief question-and-answer session with the judge confirming residency requirements under Texas Family Code §6.301, voluntary agreement, a fair and lawful property division pursuant to §7.001, and—if minor children are involved—that your parenting plan aligns with the “best interest of the child” standard in §153.002. Once the judge signs your Final Decree, your divorce is officially granted.

Most uncontested divorces in Texas finalize within 60 to 90 days when documents are completed accurately and deadlines are followed. Errors, missing forms, or county-specific procedural issues can extend that timeline to 120 days or more. Families throughout the state rely on the attorneys at The Law Office of Bryan Fagan to help them navigate these requirements with clarity and confidence, ensuring that their uncontested divorce moves forward as efficiently and smoothly as possible.

Required Documents Before Scheduling the Final Hearing

Before you can request a final hearing date, your paperwork must be complete and error-free. For families learning How to Set an Uncontested Divorce for Final Hearing in Texas, this step is often where delays occur, because even small mistakes can cause a judge to reject your documents or require a rescheduled hearing. Ensuring accuracy from the beginning is essential, and many Texans rely on trusted legal guidance or resources like our step-by-step form tutorial, How to Fill Out Texas Uncontested Divorce Forms, to avoid common pitfalls.

Your Final Decree of Divorce is the centerpiece of your uncontested case—the document the judge will ultimately sign to legally end your marriage. Under the Texas Family Code, the decree must meet several statutory requirements. Property division must comply with §7.001, which requires a “just and right” division of community property and debts. This means your decree must clearly identify what is community property versus separate property and specify how assets such as the home, bank accounts, retirement plans, vehicles, and personal property are being divided. If neither spouse is seeking spousal maintenance, Texas Family Code §8.051 allows you to include a waiver of maintenance rights so the judge has clarity on your agreement.

Child-related provisions must also meet statutory standards. If children are involved, the decree must reflect the “best interest of the child” requirement under §153.002. Child support provisions must follow updated guidelines under §154.125(a-1), including the increased cap on net resources, unless a justified deviation is documented under §154.123. Missing information, outdated language, or child support figures that do not comply with current Texas law are among the most common reasons judges flag decrees during uncontested final hearings.

Another critical step is selecting the correct decree form set. Texas courts require spouses to use different forms depending on the structure of the family. Set A applies to couples without minor children; Set B applies when the marriage includes minor children and no prior custody orders exist; Set C is required when there are existing custody orders; and Set D applies to same-sex marriages without minor children. Using the wrong form set or failing to complete every section accurately can introduce delays of weeks or even months.

Families who want additional clarity during the form-preparation stage often review supportive resources from our educational library, including articles on uncontested cases such as How to Do an Uncontested Divorce in Texas. Taking the time to prepare your documents carefully ensures your case moves smoothly to the final hearing, allowing you to finalize your uncontested divorce efficiently and without unnecessary stress.

Waiver of Service or Respondent’s Answer

For your case to move forward as an uncontested divorce, your spouse must formally acknowledge the proceedings. When learning How to Set an Uncontested Divorce for Final Hearing in Texas, one of the most important early steps is ensuring that the responding spouse either files an Answer or signs a properly notarized Waiver of Service. Under the Texas Family Code, service requirements play a critical role in determining whether a case is treated as contested. A notarized Waiver allows your spouse to waive formal service and confirm their agreement to proceed, while an Answer filed under Texas Rule of Civil Procedure 92 similarly confirms their participation.

A Waiver of Service must be notarized to be valid. Missing notarization is one of the most frequent—and avoidable—errors that delay uncontested divorces statewide. Judges cannot proceed with a prove-up hearing unless the court file includes either a notarized Waiver or a timely filed Answer. If neither document is on record, your case will no longer qualify as uncontested, and Texas law requires that the court provide the respondent with 45 days’ notice before any hearing may occur. This delay can add weeks or even months to your timeline.

Here’s a practical example: If you file your Original Petition for Divorce on March 1 and your spouse signs a Waiver of Service on March 15, that Waiver must be notarized and filed with the district clerk before you attempt to schedule your final hearing. Filing the Waiver promptly ensures the court recognizes the case as uncontested and allows you to proceed with your prove-up once the mandatory 60-day waiting period under Texas Family Code §6.702 has passed.

For a more detailed look at early-stage requirements in agreed divorce cases, many Texans find it helpful to review our guide, Filing an Uncontested Divorce in Texas: Essential Steps and Considerations. Understanding these foundational steps ensures your paperwork aligns with Texas law and keeps your uncontested divorce on track for a smooth final hearing.

Parenting Documents (if children involved)

When your divorce involves minor children, Texas courts require additional documentation to protect their interests. Your Parenting Plan must detail conservatorship arrangements—whether you will share joint managing conservatorship or one parent will serve as sole managing conservator—along with a possession schedule specifying when each parent has the children.

You must also submit a Child Support Worksheet calculating support according to Texas Attorney General guidelines. The standard calculation is 20% of the paying parent’s net resources for one child, with percentages decreasing for additional children. Medical support documentation covers health insurance and how parents will share uncovered medical expenses.

If the parents were unmarried when the child was born, an Acknowledgment of Paternity may be required. Income withholding orders and information forms for vital statistics are also standard requirements in cases with children.

Additional County-Specific Forms

Different Texas counties require different additional forms. Bexar County requires a Certificate of Last Known Address. El Paso County requires a BVS (Birth Verification System) form for cases involving children. Many courts require you to submit a prove-up script or prove-up affidavit in advance.

Harris County’s uncontested docket operates on specific days with its own procedures. Dallas County has automated scheduling options. Smaller counties may have different requirements entirely. Before you schedule anything, check with your county clerk or court coordinator about exactly which forms you need.

Step-by-Step Guide: How to Set an Uncontested Divorce for Final Hearing in Texas

Following these steps in order helps ensure your hearing proceeds without unnecessary complications.

Step 1: Confirm the 60-Day Waiting Period Is Complete

Texas Family Code Section 6.702 mandates a minimum 60-day waiting period between filing your original petition and finalizing your divorce. This cooling-off period applies to all divorces, including fully agreed uncontested cases. The only exception is when family violence is involved, in which case a judge may waive or shorten the period.

Calculate your 60 days starting the day after your petition was filed. If you filed on January 1st, your earliest possible hearing date is March 2nd. Do not schedule your hearing before this date—the court will not approve your decree, and you will need to reschedule.

A practical tip: mark your calendar for day 55 or 56. That gives you time to contact the court coordinator and schedule a hearing for the first available date after your 60 days expire.

Step 2: Contact the District Clerk or Court Coordinator

This is where county-specific differences matter most. There is no uniform statewide system for scheduling uncontested divorce hearings. Each of Texas’s 254 counties has its own procedures.

In Harris County, you typically call the court coordinator for your assigned district court (such as the 246th District) to request a slot on the uncontested docket. Harris County often holds uncontested hearings on Friday mornings via Zoom. You may need to file a Motion to Set Uncontested Hearing along with a proposed Order Setting Hearing.

Dallas County offers some online scheduling options through judicial websites. Bexar County requires contacting the coordinator and often has specific document submission deadlines before your hearing. El Paso’s 388th District requires contacting the coordinator for placement on the uncontested docket.

Smaller counties may assign dates automatically when you complete your filing, accept walk-ins on certain days, or require written motions with advance notice. Your best approach is to call the district clerk’s office and ask exactly what procedure applies to your case.

Step 3: File Your Final Decree and Required Documents

Timing for document submission varies by court. Some counties require you to submit your Final Decree and supporting documents several days before your scheduled hearing—often 5 to 10 days in advance. Other courts allow you to bring documents to the hearing in triplicate.

Ask your court coordinator about local rules when you schedule. Failing to submit documents on time can result in your hearing being canceled or rescheduled. E-filing is available in most Texas counties, but some courts still prefer or require paper copies.

Filing fees also vary by county and may be required at this stage. Ask about payment requirements when you contact the court.

Step 4: Prepare for the Final Hearing (“Prove-Up”)

Your prove-up is scripted testimony confirming facts the judge needs to verify. Expect to answer 10-15 standard questions covering:

• When and where you were married
• When the marriage became insupportable (Texas’s no-fault ground for divorce)
• Your residency in Texas and in the filing county
• Whether there has been any family violence in the past two years
• Whether your spouse is in bankruptcy
• Whether you have read and understand the terms of the Final Decree
• Whether the property division is fair and just
• Whether you are entering the agreement voluntarily

If children are involved, you will also confirm that the parenting plan and child support provisions serve their best interests. Many courts have prove-up scripts available that show exactly what questions will be asked. Your attorney can prepare you for this testimony or help you obtain the script in advance.

Step 5: Attend the Final Hearing

On your hearing date, arrive early if attending in person or log in several minutes before your scheduled time if appearing via Zoom. Dress appropriately and treat the proceeding professionally even though it is brief.

The typical hearing proceeds quickly. The judge calls your case, your attorney or you provide prove-up testimony, the judge reviews the decree, asks any clarifying questions, and—if satisfied—signs the Final Decree of Divorce. The entire process usually takes 5 to 30 minutes.

If the judge identifies problems with your decree—unclear language, calculations that do not match guidelines, missing provisions—you may need to make corrections before the decree can be signed. In some cases, this happens on the spot. In others, you may need to reschedule.

Once signed, your divorce is final. You will receive certified copies of your decree, which you will need for changing your name, updating financial accounts, dividing retirement plans, and other post-divorce tasks.

County-Specific Differences That Affect Scheduling

Texas has 254 counties, and each one handles uncontested divorce scheduling differently. For Texans trying to understand How to Set an Uncontested Divorce for Final Hearing in Texas, these county-by-county variations can meaningfully affect your timeline. Some courts allow hearings to be scheduled weeks in advance, while others offer walk-in settings on designated days. Families who are still deciding whether an uncontested divorce is the right approach often find it helpful to review Uncontested Divorce in Texas: When Does Filing Make Sense? for additional context before moving forward.

Local filing and document-submission rules also vary significantly across the state. Certain counties require your Final Decree of Divorce and supporting forms to be submitted five to ten days before the hearing, while others permit you to bring paperwork the day of your prove-up. Missing these county-specific deadlines can result in your case being reset, even if you have already satisfied the mandatory 60-day waiting period required under Texas Family Code §6.702.

Hearing formats differ as well. Some courts require spouses to appear in person, while many now conduct uncontested hearings over Zoom—an option made more accessible after the adoption of Texas Rule of Civil Procedure 21f, which expanded remote participation statewide. Whether you appear remotely or in person will depend on your assigned court and the judge’s preferences, so confirming the correct format early can help you prepare appropriately.

Docket availability can also impact your timeline. High-volume counties like Harris process thousands of divorce cases each year, often requiring more lead time to secure an uncontested hearing. In contrast, smaller counties may have lighter dockets and faster scheduling options. Understanding your county’s pace helps set realistic expectations and prevents unnecessary frustration.

The most reliable way to avoid delays is to contact your court coordinator before scheduling your hearing and ask about required forms, submission deadlines, and the correct hearing format. Many families choose to work with the attorneys at The Law Office of Bryan Fagan, PLLC because our team understands these county-specific nuances and can help ensure that your uncontested divorce moves smoothly toward a final hearing without preventable setbacks.

Common Mistakes That Delay Final Hearings

Avoiding these common errors helps you finalize your divorce on schedule:

Scheduling before the 60-day period ends. The court cannot grant your divorce before 60 days have passed. If you schedule too early, your hearing will be reset, potentially adding weeks to your timeline.

Submitting an incomplete or incorrect Final Decree. Missing provisions, unclear language, or terms that do not comply with Texas Family Code requirements lead to rejection. Judges scrutinize 10-20% of decrees for corrections. Common problems include improper child support calculations, missing spousal maintenance waivers, and unclear property characterization.

Missing notarization on the Waiver of Service. An unnotarized Waiver cannot be accepted by the court. This simple oversight is one of the most frequent causes of delay.

Omitting required child support documents. If children are involved, incomplete child support worksheets or missing medical support documentation stops your case. A Dallas case delayed by an incomplete worksheet cost the couple six additional weeks and extra filing fees.

Failing to file the Waiver of Service properly. The Waiver must be filed with the court, not just signed. If the clerk’s office does not have it on file, your case is not ready for hearing.

Using incorrect decree forms. Using Set A when your case requires Set B, or submitting forms that do not match current Texas Family Code requirements, creates problems.

E-filing errors. Rejected e-filing submissions delay your case. Review confirmation receipts to ensure documents were accepted.

Statistics suggest self-represented filers experience rejection or significant correction requests in 25-40% of cases. These errors often necessitate refiling and resetting your hearing, adding 2-8 weeks to busy court dockets.

How an Attorney Helps Streamline the Final Hearing Process

When spouses are learning How to Set an Uncontested Divorce for Final Hearing in Texas, one of the most important decisions they make is whether to move forward alone or with the guidance of an experienced family law attorney. While uncontested divorces may appear straightforward, Texas courts enforce specific statutory requirements—particularly those found in the Texas Family Code—that must be met before a judge will sign a Final Decree. Having a skilled legal team review your paperwork and guide you through each stage helps ensure your case moves through the process smoothly. Many families begin with resources such as our video-based guide, Getting an Uncontested Texas Divorce, to understand what the courts expect and how to prepare effectively.

One of the most valuable benefits of attorney involvement is document accuracy. Your Final Decree must comply with statutory requirements governing property division under Texas Family Code §7.001, child-related provisions under Chapter 153, and child support guidelines under §154.125(a-1), which now reflects the updated cap on net resources. Attorneys familiar with your county’s preferences understand which decree formats, clauses, and supporting documents judges require. This knowledge significantly reduces the likelihood of rejection, which is one of the most common setbacks self-represented spouses face.

Scheduling advantages are another key benefit. Attorneys who regularly practice before your county’s courts know how dockets operate, which coordinators to contact, and how far in advance hearings must be requested. This practical familiarity often results in faster settings and fewer procedural surprises. Just as importantly, your lawyer prepares you for the prove-up hearing itself—reviewing questions the judge is likely to ask and ensuring your testimony aligns with Texas Family Code requirements regarding voluntariness, residency (§6.301), and compliance with the mandatory 60-day waiting period (§6.702).

Working with legal counsel also means you have support if anything unexpected arises during the hearing. If the judge requires a change to your decree—whether related to child support language, omitted property, or a clarification under Texas law—your attorney can often make corrections on the spot, avoiding the weeks-long delays that come with rescheduling. More complex issues, such as QDROs for retirement division, military benefits under the USFSPA, or tax considerations tied to asset division, are handled correctly the first time to prevent long-term problems.

For many Texas families, attorney-assisted uncontested divorces finalize in 60 to 90 days, while self-represented cases frequently stretch to 120 days or longer due to avoidable errors. The investment in professional guidance usually pays for itself in peace of mind, time saved, and the confidence of knowing your divorce is completed correctly. Families who want to explore the uncontested process in more depth often benefit from reviewing our article, When an Uncontested Divorce Makes Sense in Texas, which provides further clarity on whether this approach aligns with their goals and circumstances.

Why Choose The Law Office of Bryan Fagan PLLC

Families who want clear direction on How to Set an Uncontested Divorce for Final Hearing in Texas often turn to our firm because of our extensive experience navigating county-specific procedures across the state. As a trusted resource for Texas families, the attorneys here understand how local rules, scheduling practices, and judge expectations can vary widely from county to county. This knowledge allows us to guide clients in Montgomery, Liberty, Harris County, and beyond with confidence and accuracy. For those who want a broader look at the full journey, our educational resource, The Divorce Process in Texas, offers helpful insight into each phase leading up to a final hearing.

Because uncontested divorces depend on precise documentation, our team places a strong emphasis on preparing forms that comply with the latest standards under the Texas Family Code—whether related to property division (§7.001), residency requirements (§6.301), or the mandatory 60-day waiting period under §6.702. By ensuring your paperwork is accurate from the start, we help prevent delays that often occur when decrees contain outdated language, missing provisions, or terms that do not meet current statutory requirements.

Beyond document preparation, our attorneys assist with all aspects of scheduling and case coordination. We communicate directly with court coordinators, manage filing deadlines, and prepare you thoroughly for your prove-up hearing so you know exactly what the judge will ask and how to present your testimony clearly. If any issues arise during the hearing—whether a correction to the decree or a clarification is needed—our team can typically resolve the matter quickly, sparing clients the frustration of rescheduling.

At this firm, we believe Texas families deserve both expert legal guidance and genuine compassion. Whether you are seeking full representation throughout your uncontested divorce or more limited assistance with the final hearing itself, our attorneys are committed to providing transparency, professionalism, and dedicated support tailored to your county and your goals.

If you are ready to understand your next steps, our free consultations offer a simple, pressure-free way to learn how we can help you move confidently toward finalizing your divorce. We invite you to reach out and discuss your situation whenever you feel ready.

Actionable Checklist: How to Set an Uncontested Divorce for Final Hearing in Texas

Use this checklist to ensure you are ready:

• [ ] Complete all required forms including your Final Decree of Divorce
• [ ] Obtain both spouses’ signatures on the Final Decree
• [ ] File the notarized Waiver of Service or ensure the respondent’s Answer is filed
• [ ] Verify that 60 days have passed since filing your original petition
• [ ] If children are involved, complete your Parenting Plan, Child Support Worksheet, and medical support documents
• [ ] Gather any county-specific forms required by your court
• [ ] Contact your county clerk or court coordinator to schedule your hearing
• [ ] Submit your Final Decree and documents according to your county’s timing requirements
• [ ] Prepare your prove-up testimony by reviewing expected questions
• [ ] Attend your final hearing on time with appropriate documentation

Conclusion

Stepping into the final stages of an uncontested divorce can feel like standing on the edge of a new chapter—equal parts relief, uncertainty, and hope. Understanding how to set your case for a final hearing in Texas isn’t just about checking legal boxes; it’s about giving yourself and your family the stability you’ve been working toward. When you know what to expect, the entire process becomes far less intimidating and far more empowering.

If you find yourself wanting a steady guide through these last steps, you’re not alone. Many Texans choose to work with an experienced family law attorney simply because it brings clarity, confidence, and peace of mind during a time when everything else feels like it’s shifting. At The Law Office of Bryan Fagan, PLLC, that’s exactly why we’re here—to help you move forward with the certainty that your rights are protected and your future is supported.

So, as you take your next step, give yourself permission to breathe. You’ve already done the hard work of reaching an agreement. The final hearing is simply the doorway to the life waiting for you on the other side. And if you ever want guidance, reassurance, or just a conversation about what comes next, our team is ready when you are.

Frequently Asked Questions