Recently updated on October 18th, 2025 at 04:17 am

Overview

In Texas, an uncontested divorce provides a faster and more cost-effective path for couples who mutually agree on all key issues of their separation, including property division, child custody, support, and spousal maintenance. Governed by the Texas Family Code—particularly § 6.001 et seq.—this process allows spouses to dissolve their marriage with minimal court intervention, provided there are no disputes for the judge to resolve. It is especially suitable for parties who maintain communication, wish to avoid protracted litigation, and prioritize privacy and efficiency over confrontation.

Uncontested divorces in Texas can often be completed using standardized, court-approved forms available through county clerks, self-help centers, or the Texas Judicial Branch website. Either spouse may file an Original Petition for Divorce, followed by a Waiver of Service signed by the other spouse to confirm that formal service is unnecessary. This step eliminates additional fees and delays associated with serving process. Despite the simplified procedure, the law still mandates a minimum 60-day waiting period between the date of filing and the final decree (Tex. Fam. Code § 6.702), ensuring sufficient time for reflection and possible reconciliation.

Once the waiting period has passed, the court typically holds a brief “prove-up” hearing—an informal session where one spouse testifies to confirm residency, agreement, and compliance with Texas law. In some counties, this step can be completed entirely through a notarized affidavit or virtual submission. The judge then reviews the proposed Final Decree of Divorce to ensure fairness, legal sufficiency, and consistency with state requirements before signing it.

Uncontested divorce offers significant benefits: lower legal costs, faster resolution, and reduced emotional strain. However, couples should still review settlement terms carefully, especially regarding child custody, retirement accounts, and real property, as final decrees are difficult to modify later. Seeking limited legal advice before filing can help ensure compliance with procedural rules and protect both parties’ long-term interests.

Although simpler, uncontested divorce still demands accuracy and formality. Petitioners must meet Texas residency rules, file in the correct county, complete all required disclosures, and present a final decree that cleanly divides community property and addresses parental obligations. Mistakes—such as filing in the wrong venue, incomplete child-support provisions, or missing signatures—can delay approval or even invalidate the decree. Therefore, couples should approach the forms methodically, verifying every entry before submission.

This guide expands each stage of the uncontested process, providing practical explanations, statutory references, and procedural tips for self-represented filers. Proper adherence to each step ensures the divorce proceeds predictably from petition to finalization.

Who Benefits and Who Can Apply

Texas uncontested divorce forms are ideal for spouses who agree on every material term of separation. These include couples without minor children or, if children exist, those who have established cooperative parenting arrangements consistent with state guidelines (Tex. Fam. Code § 153.001). The process especially benefits households with limited assets or predictable income streams where valuation disputes are minimal. Because attorney representation is optional, spouses save substantial legal fees and maintain greater control over timing and documentation.

To qualify, at least one spouse must meet residency prerequisites—six months in Texas and ninety days in the county of filing (Tex. Fam. Code § 6.301). Either spouse may initiate the case, but both must sign the final decree for it to remain uncontested. In rare situations, a guardian ad litem or next friend may file for an incapacitated spouse with court authorization. Same-sex marriages follow identical procedural standards. Ultimately, these forms serve residents seeking efficiency, privacy, and cost predictability rather than adversarial litigation.

Benefits of Using Texas Uncontested Divorce Forms

• Significant cost savings—most cases require only filing fees and notary charges.
• Faster turnaround—eligible decrees often finalized within 60 to 90 days.
• Reduced emotional and logistical stress through cooperation and fewer hearings.
• Reliance on standardized, judge-approved language that ensures enforceability.
• Confidentiality—minimal courtroom exposure and fewer public filings than contested cases.

Step 1: Verify Residency Requirements

Before filing, confirm that the court has jurisdiction. Texas requires one spouse to have lived in the state for at least six months and in the chosen county for at least ninety days (Tex. Fam. Code § 6.301). Residency establishes the court’s authority to dissolve the marriage and to issue binding orders regarding property or children. If the threshold is not met, the petition will be dismissed or transferred, restarting the statutory waiting clock.

Evidence of residency can include a Texas driver’s license, voter registration, pay stubs from Texas-based employment, lease agreements, or utility bills. Petitioners should gather at least two pieces of documentation before filing. Incomplete or outdated proof frequently triggers clerk rejections. For military families, the code allows residency to be based on Texas domicile even when stationed elsewhere, as long as Texas remains the service member’s permanent home of record (Tex. Fam. Code § 6.303).

If spouses have recently separated into different counties, either may file where they meet the 90-day requirement. When one partner has moved out of state, jurisdiction remains proper in Texas as long as the remaining spouse satisfies residency. Conversely, if both relocate permanently before filing, Texas courts lose authority. Petitioners who file prematurely must wait until they qualify and then re-file, incurring additional fees.

Practical tip: check the county website for venue verification tools or call the district clerk’s civil division. Filing in the wrong county not only delays the process but can also complicate service and require re-issuance of citations. Taking a few minutes to verify residence can save weeks later.

Step 2: Select the Proper Forms

Texas provides two primary sets of standardized forms: one for couples with children and one without children. Each packet contains the core documents required by the clerk’s office:

• Original Petition for Divorce — initiates the case (Tex. Fam. Code § 6.401).
• Civil Case Information Sheet — identifies case type and parties; some counties integrate this electronically.
• Waiver of Service Only — used when the respondent consents to the case and declines formal service.
• Final Decree of Divorce — the operative judgment dissolving the marriage (Tex. Fam. Code § 6.702).

If a name change is sought, include the request directly in the decree or attach a separate Order Restoring Former Name (Tex. Fam. Code § 6.706). Couples with children must also complete possession and access schedules compliant with the standard possession order and provide a medical-support order consistent with child-support guidelines (Tex. Fam. Code § 154.181).

Clerks reject forms missing required attachments or signatures. Always download the latest version from TexasLawHelp.org or the county clerk’s site; older templates may omit updated language on electronic service or health-insurance coverage. Assemble packets neatly, using black ink and consistent party names. Before e-filing, convert all PDFs to text-searchable format to meet statewide electronic-filing standards under Tex. R. Civ. P. 21(f).

Step 3: Complete the Petition

The Original Petition for Divorce formally requests the court to dissolve the marriage and opens the case docket. It identifies both parties, their residence, date of marriage, separation date (if any), and the grounds for divorce—most often “insupportability,” meaning the marriage has become intolerable because of discord or conflict with no reasonable expectation of reconciliation (Tex. Fam. Code § 6.001). This no-fault ground requires no proof of wrongdoing and is accepted statewide.

The petition must also list all children of the marriage under 18 or still in high school, indicate whether a protective order is in place, and disclose any ongoing bankruptcy. Accuracy is essential; errors cascade into the decree, potentially invalidating later filings. Use full legal names as they appear on identification documents. Omitting a middle name or using nicknames can cause mismatches when issuing wage-withholding orders or property transfers.

When filing pro se, leave the “Attorney for Petitioner” line blank or write “Self-Represented.” Do not sign for the clerk or judge. Sign only the petitioner signature block and include current contact information. Filers intending to waive service later should plan ahead: provide the respondent with a file-stamped copy of the petition after it is accepted so they can execute the waiver properly—signed and notarized after filing, not before (Tex. R. Civ. P. 119).

Attach exhibits thoughtfully. For instance, if the couple owns real property, attach a legal description of the parcel rather than a street address alone. For retirement accounts, list plan names but omit full account numbers for privacy. Maintain consistency between the petition and the decree—if property is claimed separate, describe it identically in both documents. Internal mismatches are among the most common reasons judges delay approval.

Once the petition is complete and double-checked, make two copies—one for your records and one for service. Proceed to Step 4: filing with the clerk to start the official waiting period.

Step 4: File with the Court

Filing your Original Petition for Divorce initiates the case officially. You must file in the district clerk’s office of the county where either you or your spouse satisfies residency requirements (Tex. Fam. Code § 6.301). Filing can occur electronically through the Texas eFile portal or in person at the courthouse. Many counties require e-filing even for self-represented parties, though smaller jurisdictions still accept paper filings. Check local rules on your county website under “Family Law” or “Civil Filings.”

The filing fee generally ranges from $250 to $350 depending on the county. This covers administrative costs and issuance of a citation if formal service is necessary. If you cannot afford the fee, submit a Statement of Inability to Afford Payment of Court Costs (Tex. R. Civ. P. 145). Ensure it is notarized or signed under penalty of perjury. The court reviews financial eligibility; once approved, you may proceed without payment.

Upon acceptance, the clerk will stamp your petition with the filing date and assign a case number and court. This date starts the mandatory 60-day waiting period required by Tex. Fam. Code § 6.702 before the court may grant a divorce. You will receive a receipt and a copy of your petition bearing the clerk’s file stamp—keep this copy as proof of filing. If you intend to serve your spouse formally, request issuance of the citation at this time.

Many counties automatically issue “standing orders” with all new family law cases. These orders prohibit either spouse from hiding assets, disturbing the peace, or removing children from the state during the proceedings. If applicable, attach the standing order to any copies you deliver to your spouse. Noncompliance can lead to contempt proceedings. Always read these local orders carefully before taking any financial or custodial action after filing.

If filing electronically, upload documents as separate PDFs labeled “Petition,” “Information Sheet,” and “Statement of Inability” rather than one large file. Courts prefer legible, text-searchable files. If the e-filing system returns a “rejected” notice, correct the listed issues immediately—common causes include missing signatures, incorrect category selection (e.g., “Civil – Other” instead of “Family – Divorce”), or incorrect county choice.

Once the petition is accepted, your case officially exists in the court’s docket. From this point, deadlines apply, and the countdown to finalization begins.

Step 5: Provide Notice to the Other Spouse

Texas law requires that the respondent spouse receive official notice of the divorce filing (Tex. R. Civ. P. 106). In uncontested cases, this is usually done via a Waiver of Service Only, which your spouse signs and notarizes after you give them a file-stamped copy of the petition. The waiver confirms they have received notice and voluntarily waive formal service by a process server or sheriff. It must be signed after the date of filing—never before—or the court will reject it.

If your spouse is cooperative, this step is simple: deliver the stamped petition, provide the blank waiver, and have them sign in front of a notary. File the executed waiver with the clerk promptly. Once filed, you may proceed without waiting for formal service deadlines. However, if the respondent prefers not to sign or cannot be located, you must arrange service of process through a constable, sheriff, or certified private process server.

Formal service involves the server personally delivering the citation and a copy of the petition to the respondent. The server then files a Return of Service form with the court verifying when, where, and how service occurred. This proof must be on record for at least ten days before the court can issue a final decree (Tex. R. Civ. P. 107(h)). Alternative methods, such as service by mail, posting, or publication, require court approval and detailed affidavits explaining unsuccessful prior attempts.

If your spouse lives out of state or overseas, you may serve them by certified mail or under the Hague Service Convention if their country is a member. These methods can extend the timeline significantly. Always confirm the respondent’s mailing address and ensure they receive a full copy of the petition and any standing orders.

Proper service—or waiver thereof—is critical. If the court cannot confirm that the respondent had legal notice, it lacks jurisdiction to finalize the divorce. For uncontested divorces, the waiver route saves time and cost but must be executed exactly according to procedural requirements. Maintain a copy of the notarized waiver for your records.

Step 6: Draft the Final Decree of Divorce

The Final Decree of Divorce is the controlling legal document that ends the marriage and sets out all rights and obligations of both parties. Even in an uncontested case, precision is vital because the decree must cover every aspect of property division, debts, custody, visitation, child support, and medical insurance. Courts expect decrees to be self-contained—meaning enforceable on their face without needing outside clarification (Tex. Fam. Code § 7.001; § 153.002).

Start with the Texas standard form available from TexasLawHelp.org. Modify only to reflect your exact agreements; do not add extraneous clauses or omit required language. Each section should correspond to statutory categories: property division, debts, conservatorship, possession schedule, child support, and spousal maintenance (if applicable). Identify assets precisely—include legal descriptions for real property, partial account numbers for financial assets, and VINs for vehicles. Ambiguity in property provisions is one of the most frequent causes of post-decree litigation.

Include deadlines for transfers, such as “Respondent shall execute a Special Warranty Deed transferring the marital residence within 30 days of signing this decree.” For retirement accounts, specify whether a Qualified Domestic Relations Order (QDRO) will be used and who will prepare it. Attach draft QDROs as exhibits when possible. If you or your spouse are assuming any debts, list the creditor’s name and account number suffix for clarity. Incorporate indemnity language protecting each spouse from liability for the other’s debts.

For cases involving children, insert all required child-support and conservatorship provisions, referencing the Texas Family Code’s “best interest of the child” standard (Tex. Fam. Code § 153.002) and statutory support percentages (Tex. Fam. Code § 154.125). Specify pickup times, exchange locations, holiday rotations, and health-insurance responsibilities. Avoid vague language such as “as agreed by the parties”—judges often reject such terms because they are unenforceable.

After drafting, both parties should carefully review and sign the decree before the court hearing. The petitioner brings the signed decree to court for the judge’s review and signature. Remember: once the judge signs, it becomes a binding court order, enforceable by contempt.

Step 7: Observe the Waiting Period

Texas imposes a mandatory 60-day cooling-off period between filing the petition and the earliest possible date the court may grant a divorce (Tex. Fam. Code § 6.702). The countdown begins on the date the petition is filed, not when the respondent signs the waiver. This waiting period reflects legislative policy encouraging reconciliation and deliberate decision-making.

During these 60 days, use the time productively. Verify that all financial documents, deeds, and QDRO drafts are in order; complete the Final Decree of Divorce; and, if children are involved, take any required parenting education classes. Some counties (e.g., Harris, Travis, and Bexar) require completion of a parenting course before the court signs the decree. Check local rules or TexasCourts.gov for approved programs.

If family violence has occurred, the court may waive the waiting period upon proof of a protective order or conviction related to domestic violence (Tex. Fam. Code § 6.702(b)). Petitioners should attach copies of these orders when requesting a waiver. Judges grant waivers sparingly, usually in cases with verified safety concerns.

While waiting, neither spouse may remarry or finalize new property transfers outside those explicitly permitted by the court’s standing order. Violating these restrictions can lead to contempt. Use this period to double-check the decree’s accuracy, collect required signatures, and prepare for your final hearing or affidavit submission.

Proper planning during the waiting phase ensures that once the 61st day arrives, your case can move immediately to finalization without further delay.

Step 8: Submit the Decree to the Court

After the statutory waiting period ends, the petitioner may submit the Final Decree of Divorce for judicial review. In uncontested divorces, this step is often straightforward: a short “prove-up” hearing or, in some counties, an affidavit submission. The judge’s role is to verify that all statutory requirements are satisfied, the paperwork is consistent, and both spouses have signed voluntarily (Tex. Fam. Code § 6.702; § 7.001).

Before scheduling your hearing, confirm local procedures. Some courts require appointments through the district clerk, while others hold walk-in dockets for uncontested matters. Bring two copies of the decree (one for the court, one for you), the original signed waiver of service, and all attachments—parenting plan, wage withholding order, property deeds, or Qualified Domestic Relations Orders. Having the complete packet ready prevents continuances or rescheduling.

At the prove-up hearing, the petitioner briefly testifies under oath to establish key facts: residency, marriage and separation dates, insupportability, and agreement on all issues. The judge may ask whether the decree accurately reflects the parties’ understanding and whether it resolves property and child issues consistent with the law. If the respondent has signed the decree and waiver, attendance is typically optional. The hearing often lasts under ten minutes.

If the county allows affidavit-based submission, complete the Prove-Up Affidavit form verifying the same facts in writing. This option is available only for agreed cases with no children or where the decree fully complies with statutory language. Upload all forms to the eFile portal and monitor your account for the judge’s signed copy. Once approved, the signed decree will appear in the court record, marking legal dissolution of the marriage.

Failure to include required attachments—particularly income-withholding orders or medical-support orders in child cases—will delay approval. Judges cannot sign incomplete decrees. Review your county’s uncontested checklist to ensure every required document accompanies the submission.

Step 9: Court Review and Approval

Judicial approval is the formal legal act that finalizes your divorce. The judge carefully reviews the Final Decree of Divorce to confirm that it complies with all applicable provisions of the Texas Family Code. This includes verifying residency (Tex. Fam. Code § 6.301), completion of the 60-day waiting period (Tex. Fam. Code § 6.702), equitable property division (Tex. Fam. Code § 7.001), and the inclusion of any required child-support or medical-support provisions (Tex. Fam. Code § 154.181).

During review, the court also checks that both spouses signed voluntarily, that there are no contradictions between the petition and the decree, and that all legal descriptions and financial details are accurate. Judges may request clarifications on ambiguous terms—such as undefined transfer dates, vague visitation schedules, or missing deadlines. Having the decree fully self-contained ensures smooth approval.

If your case includes children, the judge ensures that the decree meets the “best interest of the child” standard under Tex. Fam. Code § 153.002. Child-support provisions must adhere to guideline percentages unless a deviation is justified by findings included in the decree. Any missing statutory language—especially regarding wage withholding or medical support—must be corrected before signature.

After confirming compliance, the judge signs and dates the decree. The court clerk records the signed order in the case file, officially terminating the marriage. The petitioner or attorney should immediately request at least two certified copies: one for recordkeeping and one for use in completing follow-up administrative actions such as name-change processing or title transfers.

If the judge identifies deficiencies, the decree will be returned for correction rather than rejected outright. Fixing such issues quickly—often by revising language or attaching omitted exhibits—prevents additional hearings. Once signed, the decree is legally binding and enforceable in all Texas jurisdictions.

Step 10: File Final Decree and Obtain Certified Copies

After the judge signs the Final Decree of Divorce, the district clerk files it in the court’s official record. The divorce becomes final immediately upon the judge’s signature unless an appeal is filed. Obtain certified copies from the clerk’s office—usually for a small fee—to update identification, titles, and accounts. Certified copies bear the court’s seal and serve as proof of dissolution for agencies such as the Social Security Administration and Department of Public Safety.

Use the certified decree to complete all post-divorce tasks: transfer property deeds, change vehicle titles, divide retirement accounts (via QDROs), update insurance beneficiaries, and, if applicable, implement wage-withholding for child support. For name changes granted in the decree, bring a certified copy to update your Social Security record first, then your driver’s license and financial accounts.

If any spouse fails to comply with the decree—such as refusing to sign a deed or pay ordered support—the other party may file a Motion for Enforcement under Tex. Fam. Code § 9.001. The decree itself provides the foundation for these enforcement actions, so ensure it contains clear deadlines and obligations. Properly executed decrees reduce post-judgment conflict and minimize future court appearances.

Store one certified copy in a secure location and another in digital format. You may need it years later for refinancing, estate planning, or proof of marital status. With this final step complete, your uncontested divorce is legally finalized under Texas law.

Costs Associated

Typical filing fees range between $250 and $350 depending on the county. Additional costs may include certified copies ($5–$10 each), notary fees, and optional expenses such as parenting courses or document preparation assistance. Parties who cannot afford filing fees can request a waiver under Tex. R. Civ. P. 145. Using official court forms and the waiver of service option eliminates the need for a process server, saving $75–$150. Couples using attorneys for limited review or QDRO drafting may incur hourly charges but still spend far less than in contested litigation.

Time Required

The statutory minimum duration is 60 days from filing to eligibility for finalization (Tex. Fam. Code § 6.702). Efficient uncontested cases are often completed within two to three months, depending on the court’s docket and whether all documents are in order. Cases involving children or complex assets can extend to four to six months due to additional review or attachments. Delays typically arise from missing waivers, incomplete decrees, or rejected e-filings—issues that careful preparation can prevent.

Limitations of Uncontested Divorce Forms

• Available only when both spouses agree on every term—any dispute converts the case into a contested divorce requiring hearings.
• Not suitable for complex estates involving business interests, multiple real-estate holdings, or pension plans requiring detailed valuation.
• Errors or omissions in required statutory language (child support, insurance, or transfer clauses) can render portions unenforceable.
• Judges cannot provide legal advice or correct mistakes; responsibility for accuracy rests entirely with the parties.

Risks and Unexpected Problems

• Undisclosed or hidden assets discovered later may lead to reopening of the case and penalties under Tex. Fam. Code § 7.009.
• Improperly worded QDROs can cause retirement plan administrators to reject transfers, delaying distribution.
• Missing deed language or unsigned conveyances can prevent title updates and create property disputes years later.
• Parties without legal counsel may inadvertently waive rights such as reimbursement claims or survivor benefits.

Sources

• Texas Courts
• State Bar of Texas
• Texas Law Help
• Texas Family Code §§ 6.001 – 6.706, 7.001 – 7.009, 153.002, 154.125, 154.181