A no-contest divorce in Texas — officially called an uncontested divorce — lets you and your spouse end the marriage without a trial, as long as you agree on everything: property, debt, and anything involving your children. You file an Original Petition for Divorce citing insupportability, wait the mandatory 60 days, and finalize the case at a short prove-up hearing. Filing fees usually run $300 to $400, and the final hearing itself is often over in under 15 minutes.
Who Can File an Uncontested Divorce
Two conditions have to be met before you can file at all.
First, residency. At least one spouse must have lived in Texas for the six months immediately before filing and in the filing county for at least 90 days.1State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit Either spouse can be the one who meets it.
Second, grounds. An uncontested case uses “insupportability,” Texas’s no-fault ground, meaning the marriage has broken down from conflict and there is no reasonable chance of reconciliation.2State of Texas. Texas Family Code 6.001 – Insupportability Neither spouse has to prove the other did anything wrong.
The “uncontested” label depends on total agreement. One unresolved issue — even a small one — pushes the case onto the contested track, which takes longer and costs more.
What You Need to Agree On Before You File
Property and Debt
Texas is a community property state. Most assets and debts acquired during the marriage belong to both of you, and the law requires a division the court considers “just and right,” which does not have to be 50/50.3State of Texas. Texas Family Code 7.001 – General Rule of Property Division In an uncontested divorce, you work the division out yourselves rather than leaving it to a judge.
Cover everything: real estate, vehicles, bank accounts, retirement funds, credit cards, mortgages, and loans. Be specific. Include account numbers and legal descriptions so the decree is actually enforceable. Vague wording like “wife gets the house” creates problems later if anyone disputes what was meant.
One thing catches people off guard. A divorce decree can assign a joint debt to one spouse, but that assignment binds only the two of you. It does not bind the creditor. If your ex stops paying a credit card or mortgage that still has your name on it, the lender can come after you for the full balance. The safest moves are paying off joint debts before finalizing, closing joint accounts, or refinancing debts into one spouse’s name alone.
Children
If you have children under 18, the agreement also has to cover conservatorship (Texas’s term for custody), a possession schedule (visitation), child support, and medical and dental support. Texas law requires courts to order health insurance and dental coverage for children in every divorce involving minors.4Office of the Attorney General of Texas. Medical Support General Information The judge reviews child-related terms against the best-interest standard and can reject your agreement on these points even in an otherwise uncontested case.5State of Texas. Texas Family Code 153.002 – Best Interest of Child
Preparing and Filing the Paperwork
The two core documents are the Original Petition for Divorce, which opens the case, and the Final Decree of Divorce, which closes it. Free fillable forms are available at TexasLawHelp.org, and the Texas Judicial Branch publishes complete uncontested divorce form sets with step-by-step instructions.6Texas Judicial Branch. Divorce Set 1 – Uncontested, No Minor Children, No Real Property Instructions Different sets apply depending on whether you have minor children or real property, so pick the one that matches your situation.
The petition asks for both spouses’ full legal names, your marriage date, and the date you stopped living together as a married couple.7TexasLawHelp. Original Petition for Divorce – Divorce Set B The Final Decree has to spell out every term of your agreement, including property awards, debt assignments, and all child-related orders. It becomes the enforceable court order governing your post-divorce rights, so every box checked in the petition should line up with what the decree says.
You file the petition with the district clerk in a county where the residency requirement is met. E-filing is available through eFileTexas.gov and is mandatory for attorneys, though many district clerks still accept paper filings from people representing themselves.8eFileTexas.Gov. Official E-Filing System for Texas
Filing fees vary by county and tend to run higher when children are involved — generally $300 to $400. If you can’t afford the fee, file a Statement of Inability to Afford Payment of Court Costs asking the court to waive it.9Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs You qualify automatically if you receive means-tested public benefits like Medicaid, SNAP, or SSI. Otherwise, you disclose your income, expenses, and debts and the court decides.
Skipping Formal Service With a Waiver
In a typical lawsuit, the person filing must formally serve the other party with court papers through a process server or constable. In an uncontested divorce, your spouse can skip that step by signing a Waiver of Service.10Supreme Court of Texas. Texas Rules of Civil Procedure The waiver has to be signed and sworn before a notary public (not the filing spouse’s attorney), it has to include the respondent’s mailing address, and the respondent acknowledges receiving a copy of the petition. Once filed with the clerk, the case moves forward with no further service required.
The 60-Day Waiting Period
Texas requires a mandatory cooling-off period. No divorce can be finalized before the 61st day after the petition is filed.11Texas Public Law. Texas Family Code 6.702 – Waiting Period The clock starts the day you file, not the day the other spouse signs the waiver. Use the time to make sure your Final Decree is polished and complete; getting the paperwork right now saves you from going back to court later to fix it.
The court can waive the 60 days if the respondent has been convicted of or received deferred adjudication for a family violence offense against the filing spouse or a household member. Outside that narrow exception, the wait is non-negotiable, and a decree signed too early is not automatically void but can create legal complications.
The Prove-Up Hearing
Once the 60 days pass, the filing spouse schedules a prove-up hearing — a short court appearance, usually under 15 minutes, where you present the agreed terms to the judge.12Texas State Law Library. Finalizing the Divorce Only the filing spouse typically needs to appear, though some courts want both parties present when children are involved.
At the hearing, you testify under oath that the residency requirements are met, that the marriage is insupportable, and that the property division is fair to both sides.13TexasLawHelp. Affidavit for Prove-Up of Agreed Divorce Without Children If children are involved, the judge also verifies that the custody and support arrangements serve their best interests. Bring the original Final Decree of Divorce. The judge signs it there, and the marriage is officially dissolved.
Things to Put in the Decree So You Don’t Come Back Later
Name Change
If either spouse wants to restore a previous name, ask for it in both the petition and the Final Decree. The court must grant the change as long as you specifically request it, and a judge cannot deny the request just to keep the family’s last names the same.14Texas Public Law. Texas Family Code 6.706 – Change of Name The decree has to state the exact full name being restored. Skip this step and you’ll need to file a separate name-change petition later, which adds time and expense.
Dividing a 401(k) or Pension
If either spouse has a 401(k), pension, or other employer-sponsored retirement plan, the Final Decree alone isn’t enough to divide it. You need a separate court order called a Qualified Domestic Relations Order (QDRO) directing the plan administrator to pay a share of the benefits to the other spouse. Retirement plans are federally regulated and won’t split accounts based on a state divorce decree without a qualifying QDRO.15U.S. Department of Labor. QDROs – A Guide for Retirement Plan Participants
A QDRO must include both spouses’ names and mailing addresses, the name of the retirement plan, and either a dollar amount or a percentage to be transferred.15U.S. Department of Labor. QDROs – A Guide for Retirement Plan Participants The plan administrator, not the court, decides whether the order meets federal requirements, so the language matters. Many self-filers hire an attorney or QDRO specialist just for this document.
IRAs follow different rules and don’t need a QDRO. An IRA can be transferred between spouses as part of a divorce without triggering tax or penalty, as long as the transfer is spelled out in the divorce decree or a written separation agreement.16Office of the Law Revision Counsel. 26 USC 408 – Individual Retirement Accounts