How to File an Uncontested Divorce in Texas

An uncontested divorce in Texas means both spouses agree on all major issues — property division, debt, and (if applicable) child custody, visitation, and support. Texas is a community property state, so assets and debts acquired during the marriage are generally divided between the spouses. The no-fault ground for divorce in Texas is 'insupportability' — the marriage has become insupportable due to discord or conflict of personalities with no reasonable expectation of reconciliation.

Before filing, confirm that at least one spouse has been a domiciliary of Texas for the preceding 6-month period and a resident of the filing county for the preceding 90-day period. If you recently moved to Texas or to a new county, you may need to wait until these residency requirements are met.

You will need an Original Petition for Divorce, a Waiver of Service (or Citation), a Final Decree of Divorce, and a Marital Settlement Agreement. If you have minor children, you also need a Suit Affecting the Parent-Child Relationship (SAPCR) with a parenting plan and child support worksheet. DivorceReady.online generates all of these Texas-specific documents automatically based on your questionnaire answers.

Texas requires e-filing through the Texas eFile system for most family law cases. File your Original Petition for Divorce with the District Clerk in the county where you meet residency requirements. The filing fee varies by county; confirm the current amount with the District Clerk. You can also file in person if you qualify for an exemption.

After filing, your spouse must receive formal notice of the divorce. The simplest method for uncontested cases is a Waiver of Service — your spouse signs a notarized waiver acknowledging receipt of the petition. This avoids the need for a process server. If your spouse will not sign a waiver, you must arrange formal service through a process server or sheriff.

Texas law requires a mandatory 60-day waiting period from the date you file your Original Petition. This is called the 'cooling-off period.' Even if both spouses agree on everything and all paperwork is complete, the court cannot finalize your divorce until 60 days have passed.

After the 60-day waiting period, the court schedules a short prove-up hearing. The judge reviews your paperwork, asks a few basic questions about your agreement, and signs the Final Decree of Divorce. The hearing typically lasts 5–10 minutes. In some courts, only the petitioner needs to appear if the respondent signed a waiver.

After the judge signs your Final Decree, request certified copies from the District Clerk. You will need these for updating your name, dividing retirement accounts, refinancing property, and other post-divorce administrative tasks.

The court filing fee in Texas varies by county; confirm the current amount with the District Clerk. DivorceReady.online charges a one-time document preparation fee of $89.99 (without children) or $119.99 (with children). Your total cost is the document preparation fee plus the county filing fee plus minor notary and copy costs.

No. If your divorce is uncontested — both spouses agree on all terms — you can file pro se (self-represented). DivorceReady.online prepares all required Texas court forms and provides step-by-step filing instructions. However, if your case is contested or involves complex assets, consult a licensed Texas family law attorney.