How to File an Uncontested Divorce in Texas: Timelines, Costs, and the 60-Day Rule

Filing for divorce does not always have to result in a brutal, expensive courtroom battle. If you and your spouse agree on how to divide your property, allocate your debts, and handle child custody, you can pursue an uncontested divorce in Texas. This streamlined process saves families thousands of dollars and significantly reduces emotional stress. However, even when both parties are in perfect agreement, the Texas Family Code imposes strict procedural rules, specific legal jargon, and mandatory waiting periods that you absolutely must follow. A simple paperwork error can cause the court to reject your filing, forcing you to start over.

The Foundation of an Uncontested Divorce

In a true uncontested divorce, the responding spouse does not file a formal answer fighting the allegations, and both parties completely agree on the final outcome. The legal foundation for this process in Texas is a 'no-fault' divorce. Under Tex. Fam. Code § 6.001, you will cite 'insupportability' as the reason for the divorce. This simply means that the marriage has become unworkable due to discord or conflict of personalities, and there is no reasonable expectation of reconciliation. A key precedent establishing the ease of no-fault grounds is Cusack v. Cusack, 491 S.W.2d 714 (TX App. 1973), which confirmed that insupportability does not require proving that either spouse did anything wrong.

Step-by-Step Process in Texas

Whether you are filing at the Bexar County District Court, San Antonio or the Travis County District Court, Austin, the steps for an uncontested divorce are generally uniform across the state.

Step 1: File the Original Petition

The process begins when one spouse (the Petitioner) files an official complaint with the local district clerk. You will typically use a standardized form like Form FM-DivA-100, Texas, Supreme Court, Original Petition for Divorce. This document formally opens your case and lists your basic requests for property division and child custody.

Step 2: Waiving the Formal Service of Citation

Normally, a process server must physically hand the divorce papers to the other spouse. To save money and keep things amicable in an uncontested divorce, the responding spouse can simply sign a specific legal document in front of a notary public. This document, often Form FM-DivA-102, Texas, Supreme Court, Waiver of Service Only, tells the judge that they have received a copy of the petition and do not need to be formally served by a sheriff.

Step 3: Understanding the Mandatory 60-Day Waiting Period

You cannot get divorced overnight in Texas. Under Tex. Fam. Code § 6.702, the court may not grant a divorce until at least 60 days have passed since the original petition was filed. This 'cooling-off period' gives couples time to change their minds. The 60-day clock starts ticking the very next day after you file your initial paperwork.

Step 4: Drafting the Agreed Decree of Divorce

While you are waiting for the 60 days to pass, you and your spouse will draft the most important document: the Final Decree. This document outlines exactly who gets the house, the cars, the debt, and the visitation schedule. Both spouses must sign this document. In many counties, this is referred to as Form FM-DivA-105, Texas, Supreme Court, Final Decree of Divorce.

Step 5: The Prove-Up Hearing

Once the 60 days have expired, the Petitioner will attend a brief, informal court hearing called a 'prove-up.' You will stand before the judge, answer a few basic questions confirming your identity and your agreement, and the judge will sign your Final Decree, officially ending the marriage.

Exceptions to the 60-Day Rule

Texas law strictly enforces the 60-day waiting period, but there are extremely rare exceptions. Under Tex. Fam. Code § 6.702(c), a judge can completely waive the waiting period if the respondent has been convicted of or received deferred adjudication for a crime involving family violence against the petitioner or a member of the petitioner's household. It may also be waived if there is an active protective order based on family violence. In standard uncontested cases without violence, the 60 days cannot be bypassed.

How Much Does it Cost in Texas?

The mandatory court filing fees for a divorce petition in Texas range from $250 to $400, depending entirely on which county you file in. If you have children, the fee is usually slightly higher. Because the divorce is uncontested, you can avoid the massive $10,000 retainers associated with trial litigation. If you hire a local family law attorney to draft the Agreed Decree and ensure your paperwork is flawless, flat-fee uncontested divorce packages generally cost between $1,000 and $2,500.

How Long Does the Process Take?

Because of the mandatory waiting period, the absolute fastest you can get divorced in Texas is 61 days. However, depending on how quickly you and your spouse can agree on the exact wording of the Final Decree, and how backlogged the local court's scheduling docket is for prove-up hearings, a typical uncontested divorce usually takes about 65 to 90 days from start to finish.

Frequently Asked Questions (FAQ)