Divorce doesn’t always have to be messy, expensive, or drawn out in court. If you and your spouse agree on the major terms—like property division, child custody, and support—you may be eligible for an uncontested divorce in Texas.
What Is an Uncontested Divorce?
An uncontested divorce means both parties agree on all aspects of the separation. There’s no need for court battles, discovery fights, or prolonged hearings. It’s often the fastest and most cost-effective way to legally dissolve a marriage in Texas.
Who Qualifies?
To file an uncontested divorce in Texas, you must meet the following criteria:
One spouse has lived in Texas for at least 6 months and in the county for at least 90 days.
You and your spouse agree on all terms: division of property, child custody, visitation, child support, and spousal support (if any).
Neither party is contesting the divorce, and both are willing to sign the paperwork.
The Process
File the Petition – One spouse (the Petitioner) files the Original Petition for Divorce.
Waiver of Service – The other spouse signs a Waiver of Service, eliminating the need for formal service.
Waiting Period – Texas law requires a minimum 60-day waiting period before the divorce can be finalized.
Final Decree – A Final Decree of Divorce is prepared, reviewed, and signed by both parties. Only one party typically attends the final court hearing (or e-file in some counties).
Why Hire a Lawyer?
Even in an uncontested case, it’s crucial to have a Texas family law attorney draft or review the documents to ensure:
Your agreement is enforceable.
Property and debt are properly divided.
Custody and support terms comply with the Texas Family Code.
An uncontested divorce offers a dignified, efficient, and affordable way to move forward. If you and your spouse are ready to part ways amicably, I can help guide you through the process, clearly, quickly, and legally.
Call our office for a free consultation at 956-428-2822.
