An uncontested divorce is a divorce in which both spouses agree on every major issue, how to divide property and debts, child custody and support, and any spousal maintenance, so there’s nothing for a judge to decide. It’s the fastest, least expensive, and least stressful way to divorce in Texas. This guide explains what qualifies as uncontested, how the process works, how long it takes, and what it costs.
What Is an Uncontested Divorce?
A divorce is uncontested when both spouses agree on all of the terms and one spouse either joins the petition or signs a waiver rather than fighting it. There’s no trial and usually no courtroom battle, just paperwork, an agreed settlement, and a final hearing to make it official.
By contrast, a contested divorce is one where the spouses can’t agree on one or more issues, and the court has to step in to resolve them. Contested divorces take longer and cost more.
Do You Qualify for an Uncontested Divorce?
An uncontested divorce generally works best when:
- Both spouses want the divorce (or at least won’t fight it)
- You agree on dividing property, debts, and assets
- You agree on custody, visitation, and child support (if you have children)
- There is no history of family violence or serious power imbalance
- Communication between you is civil enough to reach an agreement
If even one major issue is in dispute, the divorce becomes contested, though a skilled attorney or mediator can often resolve disagreements and keep a case uncontested.
How Long Does an Uncontested Divorce Take in Texas?
Texas requires a mandatory 60-day waiting period from the date you file before any divorce can be finalized. For an uncontested divorce, finalization often happens shortly after that 60 days, once the paperwork is complete and signed. So a realistic timeline is roughly two to three months, depending on the court’s schedule.
How Much Does an Uncontested Divorce Cost in Texas?
An uncontested divorce is the most affordable path. Your costs include the court filing fee (typically around $300, varying by county) plus attorney fees, which are far lower than a contested case because there’s no litigation. Many firms handle straightforward uncontested divorces for a flat fee.
How to File for an Uncontested Divorce in Texas
- Confirm residency: one spouse must have lived in Texas 6 months and in the filing county 90 days.
- File the Original Petition for Divorce with the district clerk and pay the filing fee.
- Have your spouse sign a Waiver of Service (or be served) so the case can proceed by agreement.
- Put your agreement in writing: a complete settlement covering property, debts, custody, and support.
- Wait out the 60-day period.
- Attend a short prove-up hearing (or finalize by agreement) where the judge signs the Final Decree of Divorce.
Why Hire a Lawyer for an Uncontested Divorce?
It might seem like an uncontested divorce doesn’t need a lawyer, but the Final Decree is permanent, and errors are difficult and expensive to fix later. An attorney makes sure your agreement is complete, enforceable, and fair, that retirement accounts and property are divided correctly, and that nothing is overlooked that could cause problems years down the road. Often this is handled for a predictable flat fee.
Frequently Asked Questions
This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.
About Bollier Ciccone Stinson LLP
Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.
Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.
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