Texas Uncontested Divorce
File an uncontested divorce in Texas without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (3-5 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$10,000-$$30,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in Texas?
To file an uncontested divorce in Texas, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in Texas for 6 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
Texas Agreed Divorce (Uncontested Divorce)
Texas allows a streamlined agreed divorce process. In 2017, the Texas Supreme Court approved official forms specifically for agreed divorces. Set A forms are for cases with no minor children and no real property. Set B forms are for cases with minor children. If both parties agree on all terms, the case can be resolved without a trial. The respondent signs a Waiver of Citation, both parties sign the Final Decree, and the judge reviews and signs after the 60-day waiting period. Typically finalized in 60-90 days.
Requirements for Agreed Divorce (Uncontested Divorce)
Residency requirements met (6 months state, 90 days county)
Both parties agree on ALL terms (property division, debts, and if applicable, child custody, support, and visitation)
Respondent signs Waiver of Citation (notarized, after petition filed)
Both parties sign the Final Decree of Divorce
60-day mandatory waiting period observed
VS-165 Vital Statistics form filed
Civil Case Information Sheet filed
If children: parenting plan and child support terms included in decree
How to File an Uncontested Divorce in Texas
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 5 required forms for Texas. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $300 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
Texas has a 60-day waiting period. Mandatory 60-day 'cooling-off' period from the date the Original Petition for Divorce is filed until the divorce can be finalized. Applies to all cases regardless of agreement between parties. The court may not sign the Final Decree until at least 60 days after filing. The 60-day period may be waived if the respondent has been finally convicted of or received deferred adjudication for a family violence offense against the petitioner or a household member, or the petitioner has an active protective order or magistrate's order for emergency protection based on family violence committed during the marriage (Tex. Fam. Code Section 6.702).
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your Texas forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Both parties must fully disclose all assets and debts. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow Texas's service rules carefully.