Uncontested Divorce in Texas

Costs vary by attorney and by county filing fees, but an agreed (uncontested) divorce is typically handled for a flat fee that's far lower than a contested case. The attorney you're matched with quotes their flat fee up front, so there are no surprises.

Texas requires a 60-day waiting period from the date of filing before a divorce can be finalized. Most uncontested divorces wrap up shortly after that window, assuming the paperwork is complete and both spouses cooperate.

It's a mandatory “cooling-off” period after the divorce petition is filed before a judge can finalize the divorce. It applies to nearly all cases, with narrow exceptions (such as certain family-violence situations).

One spouse must have been a Texas resident for at least 6 months, and a resident of the county where you file for at least 90 days.

In an uncontested divorce, one attorney typically prepares the agreed paperwork. The other spouse isn't represented by that attorney and can review everything before signing. If a real dispute arises, each spouse should seek independent counsel.

Yes. Property and debt acquired during the marriage are generally community property and divided in a “just and right” manner — which is often, but not always, a 50/50 split.

Many uncontested divorces are finalized with little or no court appearance, and some counties allow finalizing by affidavit or a brief hearing. Your attorney will tell you what your county requires.

Your divorce must address conservatorship (custody), possession and access (visitation), and child support under the Texas Family Code. An uncontested case still needs these terms agreed and approved by the court.

No. Texas allows no-fault divorce on the ground of “insupportability.” Fault grounds such as adultery or cruelty exist but are not required.

If you don't agree on the major terms, the case is contested and follows a different path. Mention it during your consultation — the attorney can advise you on next steps.