Breaking Down the Steps of Simple Divorce In Texas

Breaking down the steps of simple divorce in Texas can help you navigate what often feels like an overwhelming process. Divorce brings emotional challenges, but the legal side does not have to be complex. When both parties agree on major decisions, the path to finalizing a divorce becomes much smoother. Simple divorce is designed to minimize conflict, reduce cost, and avoid lengthy court battles. In this guide, you will learn how the process works, how to meet legal requirements, and what to expect from start to finish.

Understanding the Legal Definition of a Simple Divorce

A simple divorce, often called an uncontested divorce, occurs when both spouses agree on every important issue. This includes division of property, allocation of debts, child conservatorship, possession schedules, and support obligations. There are no disputed issues left for the court to decide.

Even in an uncontested case, the judge must determine that the property division is just and right under Texas law. Courts generally approve agreed divorces, but they retain authority to reject agreements that are clearly unfair or incomplete.

Couples who qualify for a simple divorce often have minimal assets, no children, or a clear mutual understanding of how responsibilities will be handled. Cooperation makes all the difference. If your spouse contests any part of the process, the divorce becomes contested. That change increases both timeline and cost.

Seven Steps to Finalize a Simple Divorce in Texas

Breaking down the steps of simple divorce in Texas starts with confirming that your case truly qualifies as uncontested.

Step One: Meeting Texas Residency Requirements

Before filing for divorce in Texas, you must meet residency requirements. Either you or your spouse must have lived in Texas for at least six months. In addition, one of you must have lived in the county where you plan to file for at least ninety days. These requirements are set by Section 6.301 of the Texas Family Code.

If you recently moved, filing too early can result in dismissal. Residency establishes the court’s jurisdiction. Without it, the court cannot grant a divorce.

Once residency is satisfied, you may proceed with filing.

Step Two: Filing the Original Petition for Divorce

A divorce officially begins when the Original Petition for Divorce is filed with the district clerk in the appropriate county. The petition provides basic information about the marriage, identifies the parties, and states the requested relief.

Most uncontested divorces rely on insupportability as the ground. Insupportability is Texas’ no fault divorce ground and means the marriage has become insupportable due to conflict or incompatibility.

Texas is a community property state. Property acquired during the marriage is presumed to be community property unless proven otherwise. Separate property includes assets owned before marriage or acquired by gift or inheritance.

At filing, you must pay a court filing fee, which varies by county and often exceeds 300 dollars. If you cannot afford the fee, you may file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145.

Step Three: Providing Legal Notice to Your Spouse

After filing, you must provide legal notice to your spouse. This is called service of process.

In an uncontested divorce, your spouse may sign a Waiver of Service. The waiver must be signed after the petition has been filed. A waiver signed before filing is not legally valid in Texas.

The waiver confirms receipt of the petition and waives formal service by sheriff or process server. However, it does not automatically waive the right to receive a copy of the Final Decree unless specifically stated.

If your spouse does not sign a waiver, formal service is required. Proper service ensures the court has authority to proceed.

Step Four: Preparing the Final Decree of Divorce

The Final Decree of Divorce is the document that legally ends the marriage. It must clearly state all agreements between the parties.

This includes:

• Division of community property and debts
• Confirmation of separate property
• Conservatorship of children
• Possession and access schedules
• Child support obligations
• Medical support provisions

If children are involved, Texas law requires the court to determine that the conservatorship and possession terms are in the best interest of the child. Child support must follow the statutory guidelines in Chapter 154 of the Texas Family Code unless the court makes specific findings that deviation is appropriate.

Both parties typically sign the agreed decree. The judge must review it and confirm it complies with Texas law before approving it.

Step Five: Respecting the Mandatory Waiting Period

Texas imposes a mandatory sixty day waiting period beginning on the date the petition is filed. A divorce cannot be finalized before the sixty first day, even if both parties agree.

The waiting period may be waived only in limited circumstances. These include situations involving family violence where:

• There is an active protective order, or
• The respondent has been convicted of or received deferred adjudication for family violence against the petitioner or a household member

In most uncontested divorces, the waiting period must be observed in full.

Step Six: Attending the Final Court Hearing

After the waiting period ends, the case may proceed to a final hearing, often called a prove up.

At the hearing, the petitioner briefly answers questions confirming residency, grounds for divorce, and agreement on all terms. If the judge finds everything legally sufficient and just and right, the court signs the Final Decree of Divorce.

Procedures vary by county. Some courts allow remote hearings or affidavit prove ups. Others require in person appearances.

Once the judge signs the decree, the divorce is final.

Step Seven: Finalizing Post-Divorce Tasks

After the decree is signed, obtain a certified copy from the district clerk. This serves as official proof of divorce.

Post divorce tasks may include:

Post-Divorce Task	Purpose/Action Required
Obtain certified copy of decree	Provides legal proof of divorce for records and identification updates
Update identification documents	Reflect name change or marital status on ID, license, and Social Security
Notify employers and institutions	Ensure accurate tax withholding, benefits, and insurance information
Adjust financial accounts	Close joint accounts, change beneficiaries, and separate financial interests
Complete property transfers	File deeds or titles as directed in the divorce decree
Follow custody and support terms	Comply with all court-ordered parenting plans and support obligations

Resources That Support a Simple Divorce

You are not required to hire an attorney for an uncontested divorce in Texas, but limited legal guidance can still be helpful. Even agreed cases must comply with the Texas Family Code, and small drafting errors in a Final Decree can cause long term issues. TexasLawHelp.org, in partnership with the Texas Judicial Branch, provides court approved forms, step by step instructions, and practical checklists to help individuals file correctly.

It is also important to review your county’s local rules and standing orders before filing. Many counties automatically impose standing orders once a divorce is filed, restricting actions such as transferring property, canceling insurance, or removing children from the state. Understanding these rules early helps prevent delays, rejected paperwork, or court sanctions.

Avoiding Common Mistakes

Even uncontested divorces can be delayed by preventable errors. The most common problems include incomplete or outdated forms, incorrect legal terminology, missing signatures, and failure to follow county specific filing procedures. Courts may reject paperwork that does not meet formatting or statutory requirements, which can postpone your final hearing.

Another frequent mistake involves misunderstanding community versus separate property. Texas law presumes that property acquired during the marriage is community property unless proven otherwise. If separate property is not clearly identified and confirmed in the Final Decree, disputes can arise later. Carefully reviewing all documents before submission helps avoid rejected filings and unnecessary delays.

When a Simple Divorce Becomes Contested

An uncontested divorce can become contested if disagreements arise over property division, debt allocation, conservatorship, or child support. When disputes surface, the case typically shifts into a more formal litigation process. Many Texas courts require mediation before setting a contested case for trial, giving both parties an opportunity to resolve issues with the help of a neutral third party.

If mediation does not result in a full agreement, the court will decide the unresolved matters after reviewing evidence and hearing testimony. At that point, the judge determines what division of property is just and right and what arrangements serve the best interest of the child. Staying informed and adaptable helps protect your rights if the case becomes more complex.

Final Thoughts

Breaking down the steps of simple divorce in Texas makes the process easier to understand. From residency requirements to final decree approval, each stage has a legal purpose.

An uncontested divorce works best when both spouses cooperate and comply with Texas law. Even in agreement, the court must ensure that property division is just and right and that any child related provisions serve the best interest of the child.

With preparation, attention to detail, and a clear understanding of your rights and obligations, you can move through the process confidently and begin the next chapter of your life on solid legal ground.

Frequently Asked Questions

How long does a simple divorce take in Texas?

At a minimum, Texas law requires a sixty day waiting period from the date the Original Petition for Divorce is filed. Most uncontested divorces are finalized shortly after the sixty first day, depending on the court’s schedule and whether all paperwork is properly completed. Delays usually occur due to incomplete forms or county specific procedural issues.

Do both spouses have to go to court for an uncontested divorce?

In most counties, only the filing spouse is required to attend the final prove up hearing. The other spouse typically does not need to appear if they have signed a proper Waiver of Service and agreed to the Final Decree. However, procedures vary by county, and some courts allow remote hearings or affidavit submissions.

Can we write our own agreement for property and child custody?

Yes, spouses can draft their own agreement in an uncontested divorce. However, the agreement must comply with Texas law, including community property rules and child support guidelines. The judge must also determine that the property division is just and right and that any child related terms are in the best interest of the child.

What happens if my spouse changes their mind after we agree?

If your spouse withdraws agreement before the judge signs the Final Decree, the case becomes contested. This may require mediation and potentially additional court hearings. Once the decree is signed by the judge, the divorce is final and binding unless modified through proper legal procedures.