Frequently Asked Questions

Texas Divorce — Your Questions Answered

Everything you need to know about uncontested divorce in Texas — process, costs, timelines, property, children, and more.

Process & Timeline Costs & Pricing Property & Assets Children & Custody Spousal Maintenance Which Package Is Mine?

Process & Timeline

What is an uncontested divorce in Texas?
An uncontested divorce in Texas is one where both spouses agree on all terms — property division, child custody, child support, and any other issues. Because there are no disputes to resolve, the process is faster, simpler, and significantly less expensive than a contested divorce. See our full guide on how to file →
How long does an uncontested divorce take in Texas?
Texas law requires a mandatory 60-day waiting period after filing before a divorce can be finalized. Most 2500Divorce.com cases are completed in 61 days — one day after the waiting period ends. Complex cases involving property or retirement accounts may take slightly longer.
Do I have to go to court for an uncontested divorce in Texas?
In most uncontested divorces, only one spouse needs to appear briefly before the judge to finalize the decree. In some counties, this can be done by affidavit with no court appearance required. We handle all filings and coordinate the final hearing if needed.
What are the residency requirements for divorce in Texas?
At least one spouse must have lived in Texas for the past 6 months and in the county where you file for at least 90 days before filing. If you recently moved to Texas, you may need to wait before filing.
Can I get a divorce in Texas if my spouse won't sign?
If your spouse refuses to participate, the divorce becomes contested and requires litigation. 2500Divorce.com handles uncontested matters only. For contested divorces, Fritz & Phillips, P.C. provides full litigation representation throughout Southeast Texas.

Costs & Pricing

How much does an uncontested divorce cost in Texas?
At 2500Divorce.com, flat-fee uncontested divorce starts at $2,500 without children, $3,500 with children, and $4,500 for cases involving real property or retirement accounts. Flat fee covers attorney representation and all document preparation. Court filing fees are billed separately at cost — typically $250–$350 depending on county. No hourly billing, no retainers. See full pricing →
What is not included in the flat fee?
Court filing fees are billed separately at cost — typically $250–$350 depending on the county. Everything else is included: attorney representation, all document preparation, waiver of service coordination, and guidance through the final hearing.
Do you offer payment plans or financing?
Yes. Financing is available on all packages. Ask about payment plan options during your free consultation — we work to make our services accessible for Southeast Texas families at every income level.
How does your pricing compare to a traditional divorce attorney?
Traditional hourly attorneys in Texas typically charge $250–$450/hour with a $3,000–$5,000 retainer — totaling $5,000–$15,000 for an uncontested divorce. 2500Divorce.com's flat fee of $2,500–$4,500 provides the same licensed attorney representation at a fraction of the cost. See our full cost guide →

Property & Assets

How is property divided in a Texas divorce?
Texas is a community property state. Property acquired during the marriage is generally divided equally, while separate property (owned before marriage or received as a gift or inheritance) remains with the original owner. In an uncontested divorce, spouses can agree on any division they choose.
What happens to retirement accounts in a Texas divorce?
Retirement accounts accumulated during the marriage are community property and must be divided in the divorce. This requires a Qualified Domestic Relations Order (QDRO) — a separate court order submitted to the plan administrator. 2500Divorce.com includes QDRO preparation in the $4,500 package. See our full QDRO guide →
What happens to the house in a Texas divorce?
In an uncontested divorce, spouses can agree on any outcome — one spouse keeps the home, it's sold and proceeds divided, or any other arrangement. The divorce decree must include specific language transferring title. Our $4,500 package covers up to 2 real properties including deed preparation.

Children & Custody

What is the Texas Standard Possession Order?
The Texas Standard Possession Order (SPO) is the default visitation schedule for divorcing parents. It gives the non-primary parent possession on the first, third, and fifth weekends of each month, Thursday evenings, and alternating holidays. Parents can agree to a different schedule in their divorce decree.
How is child support calculated in Texas?
Texas child support is calculated as a percentage of the paying parent's net monthly income: 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 or more children. These are guidelines — parents can agree to a different amount in an uncontested divorce.
Can we modify custody or child support after the divorce?
Yes. If both parents agree on new terms, 2500Divorce.com can handle an agreed modification of custody or child support for a flat fee of $3,000. See our custody modification guide →

Spousal Maintenance

Does Texas have alimony?
Texas has spousal maintenance (court-ordered) and contractual alimony (agreed by the parties). Court-ordered maintenance is limited in Texas — the marriage must have lasted at least 10 years or involve specific circumstances like disability or family violence. Contractual alimony can be agreed to by both spouses in any amount and duration. See our full spousal maintenance guide →

Free Decision Guide

Find Out Which Package Applies to You

Answer seven quick questions. We'll tell you exactly which path — and which price — fits your situation.

Question 1 of 7
Step 1 of 7
Have you or your spouse lived in Texas for at least the past six months?
Texas requires at least one spouse to meet the 6-month state residency requirement before a divorce can be filed here.
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You qualify — $3,500 flat fee, Divorce With Children.

Based on your answers, an uncontested divorce through 2500Divorce.com is the right path for your family. Because you have minor children, the $3,500 package applies.

$3,500 flat fee  ·  Divorce With Children

Included: Original Petition for Divorce, Waiver of Service, Final Decree of Divorce, Texas Standard Possession Order (or custom custody schedule), child support calculation and order, medical support provisions, and conservatorship designations. Attorney representation throughout. Most cases finalized in 61 days.

Have a house or retirement accounts? The $4,500 package adds up to 2 property deeds and full QDRO preparation. Mention it during your free consultation and we'll confirm the right package.

Court filing fees billed separately at cost — typically $250–$365 depending on county. Financing available on all packages.

Start Your Free Consultation → Call (713) 930-2500 See All Pricing
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You qualify — $2,500 flat fee, simplest path available.

Based on your answers, an uncontested divorce through 2500Divorce.com is the right path. No minor children means the $2,500 package applies — the fastest and most straightforward divorce option in Texas.

$2,500 flat fee  ·  Divorce Without Children

Included: Original Petition for Divorce, Waiver of Service, Final Decree of Divorce, full attorney representation throughout, and all court filings coordinated. Most cases finalized in 61 days — one day after the mandatory 60-day waiting period ends.

Have a house or retirement accounts? The $4,500 package adds up to 2 property deeds and full QDRO preparation. Mention it during your free consultation and we'll confirm the right package.

Court filing fees billed separately at cost — typically $250–$365 depending on county. Financing available on all packages.

Start Your Free Consultation → Call (713) 930-2500 See All Pricing
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You may be one mediation session away from uncontested.

You agree on most issues — but a few gaps remain. That gap is often smaller than it appears, and mediation frequently closes it without litigation.

Fritz & Phillips, P.C. offers certified mediation to help both parties reach full agreement. Once agreement is reached, your case proceeds as an uncontested divorce through 2500Divorce.com at the applicable flat fee.

Call (713) 930-2500 — Free Consultation Fritz & Phillips, P.C. →
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Your situation requires full legal representation.

If your spouse refuses to participate, the divorce must proceed as a contested matter. Fritz & Phillips, P.C. handles contested divorce throughout Montgomery County, Harris County, and Southeast Texas. Call for a free consultation.

Call (713) 930-2500 — Free Consultation Fritz & Phillips, P.C. →
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You need full representation to resolve the disputed issues.

Significant disagreement on property, custody, or support requires contested litigation. Fritz & Phillips, P.C. provides comprehensive representation including discovery, hearings, mediation, and trial if necessary.

Call (713) 930-2500 — Free Consultation Fritz & Phillips, P.C. →
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Formal service and contested representation will be required.

If your spouse will not sign the Waiver of Service, the petition must be formally served and the case proceeds as contested. Fritz & Phillips, P.C. manages this process and represents you throughout — many contested cases ultimately settle before trial.

Call (713) 930-2500 — Free Consultation Fritz & Phillips, P.C. →
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Your situation has complicating factors that need legal guidance.

Pending bankruptcy or active Attorney General child support involvement add complexity that affects how the divorce proceeds. A free consultation with Fritz & Phillips, P.C. will clarify what path is available to you.

Call (713) 930-2500 — Free Consultation Fritz & Phillips, P.C. →
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Not yet eligible to file in Texas — but you will be.

Texas requires at least one spouse to have lived here for six months before filing. Use the waiting period to get organized — document assets, agree on terms, and consult with us so you are ready the moment you qualify. Your 61-day clock starts immediately when you file.

Call (713) 930-2500 — Plan Ahead Schedule a Consultation

Ready to Get Started?

Free consultation. Flat-fee pricing. Most cases finalized in 61 days.

Contact an Attorney Or call (713) 930-2500