Uncontested Divorce in Texas

An uncontested divorce is one where both spouses agree on every issue: dividing property and debts, and, if there are children, custody, visitation and child support. Because there is no trial over disputed issues, an uncontested divorce is usually faster, less stressful and less expensive than a contested case.

Requirements for Filing a Divorce in Texas

Residency: at the time of filing, either spouse must have lived in Texas for the preceding six months and in the county of filing for the preceding 90 days (Texas Family Code §6.301).
Waiting period: the court generally cannot grant a divorce until at least 60 days after the petition is filed (§6.702). There are exceptions in some family violence cases.
Grounds: most Texas divorces are granted on “insupportability,” meaning the marriage cannot continue because of conflict or discord. Neither spouse has to prove fault.

The Uncontested Divorce Process

Petition. One spouse files an Original Petition for Divorce in the county where either spouse meets the residency rules.
Waiver of service. Instead of formal service by a process server, the other spouse can sign a waiver of service after the petition is filed (§6.4035).
Agreement. The spouses agree on a final decree that divides property and debts and, if there are children, sets conservatorship, a possession schedule, child support and medical support.
Final hearing or submission. After the 60-day waiting period, the decree is presented to the judge. Some courts allow submission without a live hearing; others require a short prove-up hearing.
Final decree. Once the judge signs, the divorce is final. Some documents, such as deeds or retirement-plan orders, may need follow-up.

When “Uncontested” Needs Extra Care

Even when spouses agree, some issues need careful drafting:

Retirement accounts and pensions, which may need a qualified domestic relations order (QDRO)
The marital home and who keeps the mortgage
Business interests and separate property claims
Child support amounts that differ from the Texas guidelines
Immigration status, such as conditional residence (see divorce and immigration)

A decree that is unclear can lead to costly disputes later. Our attorney reviews the agreement so that it is complete and enforceable.

Uncontested Divorce FAQ

How long does an uncontested divorce take in Texas?

At least 60 days from filing, in most cases. Many uncontested divorces are finished soon after the waiting period ends, depending on the court’s schedule.

Do we both need lawyers?

No. One attorney can represent one spouse while the other spouse represents themselves. An attorney cannot represent both spouses.

What if we agree on most issues but not all?

Many cases settle through negotiation or mediation. If a disagreement remains, the case can still be resolved without a full trial in many situations.

Can we get divorced if my spouse lives in another state or country?

Often, yes, if you meet the Texas residency requirements. Some issues, such as child custody and property division, may depend on additional jurisdiction rules.

Related Family Law Pages

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General information, not legal advice. Family law outcomes depend on the facts of each case, and past results do not guarantee a similar outcome.

Last updated: November 2026.