Uncontested Divorce in Texas

Texas offers one of the faster routes to an agreed divorce in the country. This guide to uncontested divorce in Texas explains residency, the 60-day waiting period and the documents you need, with flat fee pricing you can see up front.

Texas is a no-fault state. You can file on the ground of "insupportability", meaning the marriage has broken down with no reasonable expectation of reconciliation. Furthermore, when spouses agree on everything, the case can be finished with a short prove-up hearing or, in some courts, on paper.

From Houston and Dallas to El Paso and the Rio Grande Valley, the law is the same. However, each county's district clerk and family courts have their own practices. Therefore, county-specific instructions save time.

Texas residency and the 60-day waiting period

To file in Texas, one spouse must have lived in the state for six months. In addition, one spouse must have lived in the filing county for 90 days. Consequently, recent movers may need to wait before filing.

Texas also has a mandatory waiting period. A divorce cannot be granted until at least 60 days after the petition is filed. However, the waiting period can be waived in certain family violence situations. As a result, an agreed Texas divorce can often be finished in a little over two months.

Filing and waiver of service

The case begins with an Original Petition for Divorce. Next, the other spouse is served or signs a Waiver of Service. The waiver avoids formal service by a constable or process server. Therefore, it is common in agreed cases.

The Final Decree of Divorce

The key document in a Texas divorce is the Final Decree of Divorce. It divides property and debts, sets support and includes custody orders. In an agreed case, both spouses sign it before it goes to the judge.

Many Texas courts hold a short "prove-up" hearing. One spouse testifies briefly that the information is correct. Meanwhile, some courts allow the decree to be approved without live testimony in certain cases. Our filing instructions explain your court's practice.

If your agreement is detailed, a separate Marital Settlement Agreement can be incorporated into the decree. As a result, complex terms are set out clearly.

Community property in Texas

Texas is a community property state. Property acquired during marriage is presumed to be community property. However, Texas courts divide it in a manner that is "just and right", which does not always mean exactly equal.

Separate property includes assets owned before marriage, gifts and inheritances. Nevertheless, the spouse claiming separate property must prove it by clear and convincing evidence. Consequently, keeping records matters.

Homes and retirement accounts

The family home is often the largest asset. Decide who keeps it and how the mortgage will be refinanced. Similarly, retirement accounts earned during marriage usually need a QDRO to divide them without penalties.

Custody and child support in Texas

Texas uses the term "conservatorship" for custody. Most parents are named joint managing conservators. However, one parent usually has the right to designate the child's primary residence.

Parenting time often follows the Texas Standard Possession Order. Additionally, parents can agree to a different schedule. Our parenting plan service drafts the schedule you choose.

Child support follows percentage guidelines based on the paying parent's net resources. For example, the guideline for one child is 20% of net resources, up to a statutory cap. Our child support calculation worksheet applies the formula to your income.

Flat fee divorce pricing in Texas

Our Uncontested Divorce Documents start at $149 for Texas. The standard package tailors the petition, waiver and decree to your facts. Meanwhile, the premium package adds attorney review.

District clerk filing fees are separate and vary by county. If you cannot afford them, you can file a Statement of Inability to Afford Payment of Court Costs. Therefore, cost should not stop you from filing.

Want a second opinion first? Book an uncontested divorce consultation. For a nationwide overview, read our flat fee uncontested divorce guide.

Texas courts and counties

Every county has its own procedures. For instance, Harris County family cases are heard at the Harris County Family Law Center in downtown Houston. Similarly, Dallas County family courts sit in the George L. Allen Sr. Courts Building. In Austin, family cases go to the Travis County Civil and Family Courts Facility.

Texas courts use statewide e-filing for attorneys and many self-represented filers. As a result, much of the process can be handled online. If your spouse filed first, our response to divorce petition service prepares your answer before the deadline.

Mistakes that delay a Texas divorce

Texas divorces stall for predictable reasons. For example, a waiver of service signed before the petition was filed is generally invalid. Therefore, the respondent should sign only after filing.

Another common issue is an incomplete decree. Texas judges expect every asset, debt and account to be addressed. In addition, decrees involving children must include specific statutory language on conservatorship, possession and support. Missing language can lead to the decree being sent back.

Finally, remember the separate documents some courts require, such as a child support information sheet or income withholding order. Consequently, a complete filing package avoids repeat trips to the clerk.

Our Uncontested Divorce services in Texas

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Texas. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Uncontested Divorce Documents in Texas

Petition, marital settlement agreement, financial disclosures and final decree paperwork for your state (court fees extra).

It includes petition / complaint for dissolution, marital settlement agreement, financial affidavits. Moreover, it is usually ready in 7 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Uncontested Divorce Documents — from $149 See what's included →

Uncontested divorce consultation in Texas

A confidential 30-minute phone or video consultation with a licensed US attorney about an uncontested (agreed) divorce. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 30-minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Uncontested divorce consultation — $249 See what's included →

Marital Settlement Agreement (MSA) in Texas

A marital settlement agreement recording how property, debts, support and parenting are resolved, ready to submit with your divorce.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Marital Settlement Agreement (MSA) — $700 See what's included →

Parenting Plan / Custody Agreement in Texas

Custody schedule, holidays, decision-making and relocation terms.

Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Parenting Plan / Custody Agreement — from $99 See what's included →

Child Support Calculation Worksheet in Texas

Your state's child support guideline worksheet completed from both parents' income and parenting time.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Child Support Calculation Worksheet — $200 See what's included →

Qualified Domestic Relations Order (QDRO) in Texas

A QDRO dividing a 401(k) or pension under your divorce judgment, drafted to the plan administrator's requirements.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 7 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Qualified Domestic Relations Order (QDRO) — $900 See what's included →

Response to Divorce Petition in Texas

Your formal response to a divorce petition, filed before the deadline, setting out what you agree with and what you contest.

It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Response to Divorce Petition — $400 See what's included →

Uncontested Divorce across Texas — cities we serve

We work with clients in every part of Texas, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Texas law and your county's local practice. Choose your city below to see local details and prices.

More Texas services

Uncontested divorce consultation in Texas · Marital Settlement Agreement (MSA) in Texas · Parenting Plan / Custody Agreement in Texas · Child Support Calculation Worksheet in Texas · Qualified Domestic Relations Order (QDRO) in Texas · Response to Divorce Petition in Texas. See all legal services in Texas.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Uncontested Divorce Documents in Oklahoma, Uncontested Divorce Documents in Louisiana, Uncontested Divorce Documents in New Mexico, Uncontested Divorce Documents in Arkansas. See every location we cover.

Frequently asked questions

How long does an uncontested divorce take in Texas?

At least 60 days from filing, unless an exception for family violence applies. Many agreed divorces finish shortly after the 60 days if the decree is ready.

How much does an uncontested divorce cost in Texas?

Our attorney-prepared Texas divorce documents start at $149. District clerk filing fees are separate, and you can file a statement of inability to pay if needed.

Do I have to go to court for a Texas uncontested divorce?

Many courts require a short prove-up hearing, while some allow approval without live testimony. Practices vary by county.

Is Texas a 50/50 divorce state?

Texas is a community property state, but courts divide property in a manner that is just and right, which is not always an exact 50/50 split.

Do you prepare divorce papers for every Texas county?

Yes. We prepare uncontested divorce documents for all 254 Texas counties, with instructions for your district clerk.

Contact American Counsel

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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.