What is an uncontested divorce?

An uncontested divorce is a divorce where there’s nothing left for a judge to decide because you and your spouse have reached a full agreement. That includes the division of your community property and debts, and, if you have children, conservatorship, a possession schedule, and child support.

In most uncontested cases, your agreement is written into an agreed final decree of divorce that the judge signs. Once it’s signed and filed, it becomes enforceable as a court order.

Eligibility for uncontested divorce in Texas

Most people can pursue an uncontested divorce if these basics are true:

You meet Texas residency requirements (at the time you file, either you or your spouse must have been a domiciliary of Texas for the preceding 6 months and a resident of the county for the preceding 90 days).

You have grounds to divorce. Most uncontested divorces in Texas are based on the no-fault ground of insupportability.

And most importantly, you and your spouse can fully agree on the terms. If you hit a deadlock on even one major issue, it may turn into a contested case (or a partly contested case), which changes the timeline and cost.

The uncontested divorce process in Texas

An uncontested divorce in Texas follows a clear sequence of steps, but it still has to meet the state’s filing rules and waiting period. Once you and your spouse have a complete agreement, the main goal is to get the paperwork drafted correctly, filed in the right county, and finalized on the earliest eligible date, without getting tripped up by service requirements or local court procedures.

Step 1: Negotiate your agreement

Before you file, it helps to work out the full deal: property and debts, parenting arrangements, child support, and any spousal support you’re agreeing to. Texas law encourages spouses to settle by written agreement incident to divorce.

Even if things are friendly, you’ll usually want the terms written clearly, because vague language is where disputes pop up later (especially around retirement accounts, the house, and schedules with kids).

Step 2: Prepare and file the petition

One spouse files the Original Petition for Divorce in the correct county. Filing starts the case and starts the clock on the waiting period.

Step 3: Handle service the easy way (when possible)

Texas still requires the respondent to be formally brought into the case, but in uncontested divorces, the most common approach is a waiver of service. Your spouse signs it after the petition is filed, which usually avoids the cost and delay of a process server.

If your spouse won’t sign a waiver, you can still serve them formally and keep the case uncontested, as long as they ultimately agree and sign the final decree.

Step 4: Wait 60 days

Texas courts generally can’t grant the divorce until at least 60 days after you file (the earliest a judge can sign is typically day 61).

Use that time to finalize the decree, collect account numbers and legal descriptions for property, and get any child support or wage withholding forms ready if they’re required in your county.

Step 5: Draft the final decree

This is where uncontested divorces succeed or stall. The final decree needs to cover everything you agreed to in a form the court will sign.

If you have children, your decree usually needs child support terms and the required support orders. If you’re dividing retirement assets, you may also need additional documents (such as a QDRO) after the divorce.

Step 6: Do a short prove-up (or follow your county’s uncontested process)

Many Texas courts finalize uncontested divorces through a brief prove-up hearing, where the petitioner answers a few questions and presents the agreed decree. The Texas State Law Library describes a prove-up as a short, uncontested hearing.

Some counties also have specific “uncontested submission” steps (especially if both spouses signed everything). The exact process varies by county, so it’s normal for this step to look different depending on where you file.

Step 7: Get certified copies and take care of follow-through

Once the judge signs the decree and it’s filed, you’re divorced. After that, you may need certified copies for name changes, refinancing, or updating accounts.

If someone later wants to appeal, the deadline is typically tight, often 30 days from the date the final judgment is signed (with some exceptions when certain post-judgment motions are filed).

Required documents for an uncontested divorce

The exact list varies by county, but most uncontested divorces involve:

Local rules matter here. Missing one county-specific form is a very common reason uncontested cases get reset.

Costs of uncontested divorce in Texas

Costs depend on how much you do yourselves and how complex your situation is.

You’ll usually see costs in these buckets:

A clean, uncontested divorce with no kids and limited assets can sometimes stay in the low hundreds plus filing fees if you’re using free or low-cost forms. If you have children, a house, retirement accounts, or you want a lawyer to draft everything, it’s normal for the total to land in the low thousands.

How long does it take to get a divorce in Texas?

The hard floor is the waiting period. Beyond that, the timeline is mostly driven by:

Many uncontested divorces wrap up shortly after day 60, but if you’re still finalizing terms or your court is backed up, it can take longer.

When an uncontested divorce may not be appropriate

Uncontested divorce only works when the agreement is real and informed. It may not be a good fit if:

In those situations, it may be safer to slow down and get legal help rather than push for speed.

Legal guidance for uncontested divorce

An uncontested divorce can still have high stakes. The final decree controls property division, parenting terms, and enforcement. If you want a clean, durable agreement, it’s worth making sure it’s drafted correctly.

At Marble, we can help you connect with a Texas divorce attorney who can review an agreement you’ve already worked out, help draft a decree that matches your terms, and guide you through filing and finalization so you don’t get stuck on procedural issues.