A simple divorce in Texas — the kind lawyers call “uncontested” or “agreed” — is possible when you and your spouse settle every issue before a judge sees the case. From the day you file, the court cannot grant the divorce for 60 days, filing fees run roughly $300 to $400 depending on the county and whether children are involved, and the final hearing is usually under 15 minutes.
Who Can File
One of you must have lived in Texas for at least six consecutive months and in the county where you file for at least 90 days.1State of Texas. Texas Code Family Code 6.301 – General Residency Rule for Divorce Suit Only one spouse needs to meet both requirements. If neither of you qualifies yet, you have to wait.
Nearly every simple divorce is filed on the no-fault ground of “insupportability,” meaning the marriage has broken down due to conflict or personality differences with no reasonable chance of reconciliation.2State of Texas. Texas Family Code 6.001 – Insupportability You don’t have to prove adultery, cruelty, or any other wrongdoing, and you don’t need the other spouse to admit anything.
What Makes a Divorce “Simple”
A divorce stays uncontested only if you and your spouse agree on every issue. The moment one detail is unresolved, the case becomes contested, with longer timelines, higher costs, and the possibility of trial.
You need to agree on:
- Division of community property — real estate, bank accounts, vehicles, furniture, retirement accounts. Texas requires a “just and right” division, which does not have to be 50/50. In an agreed divorce, you set the split and the judge generally approves it unless it looks clearly unfair.3State of Texas. Texas Code Family Code 7.001 – General Rule of Property Division
- Debts — credit cards, car loans, mortgages, and any other obligations have to be assigned to one spouse or the other.
- Children — if you have minor children, you need to agree on conservatorship (Texas’s term for custody), a visitation schedule, child support, and health insurance. The court scrutinizes these terms far more closely than property terms, which is where most DIY divorces run into trouble.
Be specific when you describe property. Include addresses for real estate, account types for financial assets, and the year, make, and model for vehicles. Vague descriptions create problems later: if the decree doesn’t clearly identify an asset, a bank or title company may refuse to transfer it.
The Paperwork
Three documents form the backbone of a simple Texas divorce. The Original Petition for Divorce opens the case. The Final Decree of Divorce is the order the judge signs to end the marriage. The Waiver of Service lets your spouse acknowledge the case without being formally served by a constable or sheriff; signing it before a notary saves time and the cost of a process server.
If children are involved, you also need an agreed parenting plan covering conservatorship, possession and visitation, child support, and health insurance. Texas courts will approve the plan as long as it serves the child’s best interest.4State of Texas. Texas Code Family Code 153.007 – Agreed Parenting Plan
Forms are available through the TexasLawHelp portal or your local district clerk’s office. A missing date or inconsistent name spelling can get your paperwork kicked back, so review everything carefully before filing.
Filing Fees and Fee Waivers
Filing fees typically run $300 to $350 for a divorce without children and closer to $400 when children are involved. The exact amount depends on the county. You pay when you submit the petition to the district clerk.
If you can’t afford the fee, request a waiver under Texas Rule of Civil Procedure 145. A granted waiver covers filing fees, service fees, copy fees, and other court costs. The court can hold a hearing if your claim of financial need is contested, but you owe nothing unless a judge finds you can afford to pay.
Electronic filing is required for attorneys. Self-represented filers can usually still submit paper at the courthouse, though some counties require e-filing from everyone. Check with your district clerk before making the trip.
The 60-Day Waiting Period
Texas imposes a 60-day cooling-off period after the petition is filed. The court cannot finalize your divorce before that window closes.5State of Texas. Texas Code Family Code 6.702 – Waiting Period There are no shortcuts or extensions for agreed cases, no matter how amicable.
The one exception is family violence. If the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner, or if the petitioner has an active protective order based on family violence, the waiting period doesn’t apply.5State of Texas. Texas Code Family Code 6.702 – Waiting Period
Use the 60 days. Have your spouse sign the Waiver of Service, and finalize every detail of the decree so it’s ready for the judge the moment the wait expires.
The Prove-Up Hearing
Once 60 days have passed, you schedule a brief appearance called a prove-up hearing. The petitioner appears before the judge and confirms under oath that the facts in the petition are true, the marriage is insupportable, and both sides agreed to the decree. If children are involved, the judge will ask whether the custody and support terms serve their best interest. The respondent usually doesn’t need to attend.
If the judge is satisfied, they sign the Final Decree of Divorce on the spot. The hearing often takes 10 to 15 minutes. The judge is mainly confirming that the paperwork is in order and nobody was pressured into the agreement.
Child Support Numbers
Texas calls custody “conservatorship.” The default is Joint Managing Conservatorship, where both parents share decision-making on major issues like education and healthcare, with one parent typically designated to determine the child’s primary residence. The other parent gets a visitation schedule, often the Standard Possession Order setting weekends, holidays, and summer periods.
Child support follows statutory percentages of the paying parent’s monthly net resources (income after taxes and certain deductions):6State of Texas. Texas Code Family Code 154.125 – Application of Guidelines to Net Resources
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6 or more: not less than the amount for five children
A lower set of percentages applies when the paying parent earns less than $1,000 per month in net resources — 15% for one child, scaling up from there.6State of Texas. Texas Code Family Code 154.125 – Application of Guidelines to Net Resources You can agree to amounts above or below the guidelines, but the judge must find the agreed figure appropriate for the child’s needs. The decree also has to designate which parent provides health and dental coverage.7State of Texas. Texas Family Code Chapter 154 – Child Support
Two Traps That Break a Simple Divorce
Retirement accounts are easy to overlook, and getting them wrong is expensive. If either spouse has a 401(k), pension, or other employer-sponsored plan, dividing it requires a separate court order called a Qualified Domestic Relations Order. The decree alone isn’t enough. Without a QDRO filed with the plan administrator, you may have no enforceable right to your share even if the decree says the funds are yours. The order must be issued by a court and approved by both the court and the plan administrator; a signed agreement between spouses doesn’t do it.8U.S. Department of Labor. QDROs Chapter 1 – Qualified Domestic Relations Orders: An Overview IRAs follow different rules and don’t need a QDRO; they can be divided through a transfer incident to divorce, handled directly between custodians and documented in the decree.
Beneficiary designations are the other trap. The divorce decree doesn’t automatically change who inherits your life insurance payout or retirement account. Update those designations yourself after the decree is signed. More than a few people have discovered too late that an ex-spouse was still listed on a policy worth six figures.
Restoring Your Former Name
If you changed your name when you married, ask for your previous name back in the petition. Texas law requires the court to grant the request unless the judge gives a specific written reason to deny it, and the judge cannot deny it just to keep the family’s last name consistent.9Texas Public Law. Texas Code Family Code 6.706 – Change of Name
Once the judge signs the decree, the name-restoration section is your legal proof of the change. You’ll use it to update your Social Security card, driver’s license, passport, and financial accounts. Order several certified copies of the decree from the clerk; agencies typically want an original certified copy and you’ll go through them faster than expected.
After the Decree
The judge’s signature ends the marriage. File the signed decree with the clerk, order certified copies, update your beneficiary designations, and send any QDRO to the plan administrator promptly so funds aren’t distributed before the order is processed. Neither spouse can marry someone new until 30 days after the divorce is granted, though you can remarry each other at any time.10State of Texas. Texas Code Family Code 6.801 – Remarriage