Author: Attorney Daryl Longworth December 9, 2023

An uncontested divorce involves both parties reaching an agreement on the terms of the separation. The terms concern issues such as child custody, property division, and spousal support. This type of divorce is typically quicker, less complicated, and less expensive than a contested divorce.

An uncontested divorce eliminates the need for a lengthy court trial. It’s a practical choice for you if you and your ex are committed to approaching your divorce amicably and with mutual agreement on all vital aspects. Before you choose this type of divorce, you need to understand the legal requirements and implications for a smooth transition during this challenging phase.

Do You Qualify For An Uncontested Divorce In Texas?

How Much Does A No Contest Divorce Cost In Texas?

In Texas, you qualify for an uncontested divorce if:

• You and your spouse agree to all terms of your divorce. This means that you’ve settled concerns regarding property division, spousal support, and if applicable, child custody and support.

• At least one spouse must meet the Texas residency requirements

• You and your spouse must agree on the legal reason for your divorce

Note that meeting these conditions does not mean that you don’t need to consult an experienced Texas divorce lawyer. Your lawyer will ensure that your interests are fully protected.

What Are The Texas Residency Requirement For Divorce?

To file for a divorce in Texas, at least one party must be a resident of the state for a continuous 6-month period immediately prior to filing. The person must have also resided in the county where the divorce is being filed for 90 days.

The divorce court only has jurisdiction for divorce cases filed by Texas residents. Note that military personnel who are stationed in Texas are considered to be Texas residents, as are their spouses, for the purpose of filing for divorce.

Agreeing On The Legal Grounds For An Uncontested Divorce in Texas

Can You Get A Divorce In Texas Without Going To Court?

In Texas, to pursue an uncontested divorce, both spouses must concur on the legal grounds for their separation. The most common grounds for divorce in Texas is insupportability. This is because it is a no-fault ground which means you do not need to prove who is at fault.

Insupportability means that the parties in the marriage have a major disagreement and there is no hope for reconciliation. Other no-fault ground for divorce include:

• Confinement in a mental in a mental hospital for at least three years

• Living apart without cohabitation for at least three years

Fault grounds for divorce include:

• Adultery: If one spouse has committed adultery

• Cruelty: If one spouse has subjected the other to cruel treatment that renders continued living together insupportable

• Felony conviction: If a spouse was convicted of a felony and imprisoned for at least a year without pardon

• Abandonment: If one spouse has left with the intention of abandoning the other and stayed away for at least a year

Agreeing on the grounds means that the risk of potential disagreements and delays in the divorce proceedings is reduced. Always consult with a knowledgeable lawyer to ensure that you select the most appropriate and mutually agreeable legal grounds for your divorce.

You Need To Agree On The Issues In Your Divorce

You need to agree on important issues in your divorce such as:

• Property and debt division: This includes determining who gets the house, cars, bank accounts, investments and other assets. It also involves deciding how to pay off debts acquired during the marriage.

• Child custody and visitation: Who will have legal and physical custody of the children? Will there be a joint custody arrangement or sole custody?

• Child support: How much financial support will be provided by one parent to the other for the upkeep of the child?

• Spousal support (alimony): Depending on the length of your marriage, one spouse may be entitled to financial support from the other. Texas court rarely grant spousal support or alimony.

The absence of disputes on these issues expedites the divorce process, making it less stressful and costly. A mutually acceptable agreement can lead to better post-divorce relationship, especially, when co-parenting is involved.

Remember, when you and your spouse cannot agree on any issue, the divorce becomes contested. You have to go to court to resolve a contested divorce, which means you have to wait longer and spend more money for the divorce.

It’s always advisable to have an experienced divorce lawyer review your agreement before finalizing it. Your lawyer will ensure that your rights are protected and the terms or conditions of the agreement will not lead to future complications.

How Long Does It Take To Finalize An Uncontested Divorce In TX?

Do I Need A Lawyer For Uncontested Divorce In Texas?

The timeline for finalizing an uncontested divorce in Texas is not set in stone because every divorce case is different. The soonest anyone can get a divorce is after the 60-day waiting period required by Texas law. That is 60 days from the date of filing.

On the 61st date you can ask the court clerk for clarification about how should request the court to schedule the date for your uncontested divorce hearing. The court clerk knows the correct procedure to follow in your particular county.

The court will review the agreement you reached with your spouse to ensure you have complied with all requirements. If everything is in order, the judge will sign the decree, officially ending your marriage. An uncontested divorce can be finalized in as little as a few weeks to several months depending on the court’s schedule and any backlog of cases.

What Forms Do You Need For Uncontested Divorce In Texas?

To begin the process of an uncontested divorce in Texas, you will need to file a Petition for Divorce and other supporting documents. These forms can be found on the official website of the Texas Courts or obtained from your local county courthouse. The forms you need to fill depend on whether you have minor children, whether or not you have any marital assets, and more.

The original Petition for Divorce is the first document you file to begin your divorce process. This document informs the court about your marriage and what you are asking for in the divorce. You need to file an Out-of-State Party Declaration if you or your spouse does not live in Texas.

You also need find out if your county requires standing orders when you are filing your divorce petition. “Standing Orders” or “Standing Restraining Orders” are designed to prohibit you or your spouse from doing certain things in order to maintain the status quo during the divorce process. This includes orders for preserving property, maintaining financial transparency and prohibiting certain behaviors.

For instance, the Standing Orders may prevent either party from selling or hiding marital assets, altering insurance coverage, or disrupting the children’s routine. These orders also prohibit any form of harassment, threats, or violence towards the other spouse or the children.

It’s important to understand and adhere to these Standing Orders once a divorce process is initiated. Violation of these orders can result in severe consequences from the court. As always, it is highly advisable to consult with a seasoned divorce attorney to understand the implications of these orders in your specific situation.

What Paperwork Do You Need To File For An Uncontested Divorce In Texas?

Quick Divorce In Texas

You need to file all the forms you have filled and signed with the court. You need to provide both an original and a copy of each form to court clerk of your county. Remember that you are a resident of a county where you have lived for the last 90 days. You always have an option of using the electronic filing system for your county if you can’t go to their office in person.

Once you have filed your Petition for Divorce with the appropriate Texas court, the sheriff or a private process server will deliver the divorce papers to your spouse. In an uncontested divorce, you can bypass this process and have your spouse sign and file a “Waiver of Service Only”.

This your spouse does not need to be served formally and agrees to the divorce. They may also file the Final Decree of Divorce at the same time they file the waiver of service. Final Decree of Divorce outlines the agreements you’ve reached regarding property division, child custody, child support, and spousal support, and other relevant matters.

All this is then submitted to the court to finalize your divorce. In case your spouse does not sign the decree of divorce they will have a deadline of 20 days to file an “Answer”.

What Is The Cost Of Filing For An Uncontested Divorce In Texas?

The cost associated with filing for an uncontested divorce in Texas can vary widely. Generally, the initial filing fee ranges from $250 to $300, depending on the county where the divorce is filed. However, this does not include other potential costs such as attorney fees, which can be minimized in an uncontested divorce due to the lack of litigation.

Please remember, every divorce situation is unique and it’s always a good idea to consult with a qualified Texas divorce attorney to ensure you’re following the correct process for your specific circumstances.

The information provided on this website is for general informational purposes only and should not be construed as legal advice or a substitute for professional legal counsel.