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Uncontested Divorce Requirements in Texas: A Checklist

Spouses signing an agreed divorce document

To get an uncontested divorce in Texas, you need four things. One spouse must meet the state and county residency rules. At least 60 days must pass after you file. You must either agree on every issue or have a spouse who was properly served and never responds. And the court must approve your paperwork. Here is each requirement in order, with the mistakes that most often slow couples down.

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TL;DR

  • Either you or your spouse must have lived in Texas for the past 6 months and in the filing county for the past 90 days (Texas Family Code ch. 6).
  • The court cannot grant the divorce until 60 days after you file, even if you both agree on everything (Section 6.702).
  • “Uncontested” means either an agreed divorce or a default divorce. It does not require your spouse to be friendly.
  • If you disagree on even one term, such as a parenting schedule, the case becomes contested.
  • A judge must still finalize the case, usually at a short prove-up hearing or, in some cases, by affidavit.

Table of Contents

What “uncontested” means in Texas

Many people assume an uncontested divorce requires a calm, cooperative spouse. The Texas State Law Library explains that an uncontested divorce is one with no disagreements about what the spouses want to happen. In practice, Texas courts see two versions:

  1. Agreed divorce. Both spouses sign the paperwork, or one signs a waiver and the other files. All terms are settled.
  2. Default divorce. One spouse is served, never files an answer and never appears. The court can proceed without that spouse’s signature, provided service is proven.

Texas Law Help confirms that your spouse does not have to sign the final decree for the divorce to be finalized. If you are in that situation, our guide to getting a default divorce when your spouse won’t respond walks through it.

Requirement 1: Residency

Texas sets two residency tests. Under Family Code Chapter 6, you or your spouse must have been a Texas domiciliary for the preceding six months and a resident of the filing county for the preceding 90 days. Only one spouse needs to qualify.

Three practical points:

Requirement 2: A ground for divorce

You do not need to prove fault. Texas allows a divorce when the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage, as stated in Section 6.001. In an uncontested case, you simply plead this ground, and your spouse does not dispute it.

Requirement 3: The 60-day waiting period

This is the requirement people are most surprised by. Section 6.702 bars the court from granting a divorce until 60 days after the petition is filed. Agreement does not shorten it.

How the count works:

  • You exclude the day you file and count 60 consecutive days, including weekends and holidays.
  • If day 60 falls on a non-business day, the deadline moves to the next business day.
  • In practice, the earliest realistic date for a decree is day 61 or later, depending on the judge’s calendar. We cover this in our divorce timeline and waiting period checklist.

The only exceptions are narrow: a spouse with a family violence conviction or an active protective order involving the other spouse. If safety is the reason you need to move quickly, see our page on protective orders.

The wait also affects planning. If you have children and expect to travel soon after the divorce, it helps to know the rules in advance. For example, here is how child passport options work for divorced parents.

Requirement 4: Agreement on every issue

For an agreed divorce, you and your spouse must settle everything the court would otherwise decide. Use this checklist:

  1. Property. Who keeps the home, vehicles, bank accounts, retirement accounts and pensions? Texas is a community property state, so most assets acquired during the marriage are presumed to be shared, and the decree must say how they are divided. If the house is involved, you may also want to understand the Texas homestead exemption so you know what changes when ownership changes.
  2. Debts. Who pays each credit card, loan and tax bill?
  3. Children. Conservatorship (custody), the possession schedule, child support and health insurance. See below.
  4. Spousal support. Either spouse may agree to it or waive it.
  5. Name change. If you want to resume a prior name, include it in the decree. We can help with name changes too.

Retirement is an area where gaps often appear. Our article on what happens to your pension in a divorce explains why the decree language matters.

Can you have an uncontested divorce with children?

Yes. Texas Law Help publishes a guide for getting a divorce when you have children under 18, and it warns that its forms are not a substitute for a lawyer. Having children adds requirements:

  • A parenting plan covering decision-making, the possession schedule and holidays.
  • Child support terms.
  • Medical and dental support provisions.

The judge must still find that the terms serve the child. Texas law makes the best interest of the child the primary consideration in deciding conservatorship and possession. Even if both parents agree, a judge can question terms that appear to put the child at a disadvantage. Our guide on what Texas courts consider in child custody shows how that standard is applied.

Requirement 5: The paperwork and the filing

The documents differ by situation, but a typical packet includes:

  • An Original Petition for Divorce, which starts the case.
  • A civil case information sheet.
  • Additional forms if you have children.
  • Your spouse’s waiver of service or answer, if the divorce is agreed.
  • The final decree of divorce, signed by you, and by your spouse if the case is agreed.

Texas Law Help lists the standard paperwork for filing with children. Filing fees vary by county and are paid to the district clerk. If you cannot afford them, you can ask the court for a fee waiver by filing a Statement of Inability to Afford Payment of Court Costs, which a judge must approve (Texas Law Help). Confirm the current amount with your county’s district clerk before you file.

For the step-by-step sequence, including e-filing, read our Texas divorce process guide. If you live near us, we also have a guide to filing for divorce in The Woodlands.

Requirement 6: Service, or a waiver of it

Your spouse must be formally notified. In an agreed divorce, your spouse typically signs a waiver or files an answer. If your spouse does not cooperate, you will need formal service, and proof of it is what allows a default. Service errors are a common reason for delay, so review the six ways to serve divorce papers in Texas before you choose one.

Two paths for notifying a divorce spouse

Requirement 7: The prove-up and the signed decree

Filing is not the end. A case is finalized at a prove-up hearing or, in some cases, by affidavit, as Texas Law Help describes. At a typical prove-up, you:

  1. Confirm the residency facts.
  2. Confirm the marriage has become insupportable.
  3. Confirm the decree reflects your agreement.
  4. Answer any questions the judge has about the children.

The judge signs the decree, and only then are you divorced. Bring your ID and a copy of the decree. Some courts have their own preferences, so check the local rules.

What turns an uncontested divorce into a contested one

The State Law Library notes that if spouses disagree on even minor terms after agreeing, the case shifts to contested status with different procedures and strict notice timelines, such as the 45-day notice requirement for final hearings. These are the most common triggers:

  • A change of mind on the parenting schedule after the petition is filed.
  • An undisclosed account or debt that surfaces later.
  • Disagreement over the value of the house or a retirement account.
  • A spouse who stops responding midway and then reappears.

If you expect disagreements, mediation can still produce a binding agreement. We explain the mechanics in our article on making a mediated divorce binding in Texas. And if a judge ends up ordering one side to pay legal fees, see attorney fees in a Texas divorce.

Our perspective: “uncontested” should not mean “unreviewed”

We meet many people who want to handle an uncontested divorce on their own, and some can. When the marriage is short, there are no children and few assets, the process is manageable. But we have found that the cases that go wrong share a pattern: the couple agreed on the big picture and never put the details in writing.

A decree is a court order. If it is vague about who owes which debt, how a retirement account is divided, or what the holiday schedule is, you may end up back in court later, now as an enforcement or modification case. A short review before you sign is cheaper than that.

Our approach is personal and plain-spoken. We tell you where your case stands, what the next step is and what it requires of you. For parents, we pay particular attention to the possession schedule, because it governs your daily life for years. For anyone worried about safety, we advise that the waiting period and the agreement process may not be the right path at all.

— Giri

Work with a Woodlands family law attorney

If you want an agreed or default divorce done correctly, the Law Office of Anna Din handles both uncontested and contested divorces for clients in The Woodlands, Houston and surrounding communities. We can review your agreement, prepare the decree and attend the prove-up with you. Before you file, our pre-filing legal checklist is a good place to start.

FAQ

How long do you have to be a resident of Texas to file for divorce?

Either you or your spouse must have been a Texas domiciliary for the preceding six months and a resident of the county where you file for the preceding 90 days (Family Code ch. 6). Only one spouse has to meet it. If neither does, the case may be dismissed.

Can you get divorced in Texas if your spouse doesn’t want one?

Yes. Texas is a no-fault state, and your spouse’s signature is not needed on the final decree. If your spouse is served and does not respond, you can proceed by default. If your spouse responds and disagrees, the case is contested.

Is there a way around the 60-day waiting period?

Only in narrow situations. Section 6.702 allows an exception for family violence convictions or active protective orders. Agreement between spouses is not an exception.

Can an uncontested divorce include children?

Yes, if you both agree on custody, the possession schedule and support, and the judge finds the terms are in the child’s best interest. A parenting plan will be part of the decree.

Sources

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