A Texas uncontested divorce is one where both spouses agree on every issue before a judge sees the case: property, debts, and if there are children, custody, visitation, and support. If one spouse has lived in Texas for the past six months and in the filing county for the past 90 days, you file the paperwork, wait the mandatory 60 days, and finish at a short hearing. Filing fees run roughly $300 to $400 depending on the county, and couples who genuinely agree often handle the case without a lawyer.
Who Qualifies
Residency comes first. At least one spouse must have been a Texas resident for the six months immediately before filing, and that same spouse must have lived in the filing county for at least 90 days.1State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit If you recently moved, you may need to wait or file in the county where your spouse still qualifies.
Uncontested cases rely on the no-fault ground of “insupportability,” meaning the marriage has broken down with no realistic chance of reconciliation.2State of Texas. Texas Family Code 6.001 – Insupportability Neither spouse has to prove the other did anything wrong.
“Uncontested” is a strict word here. It means you and your spouse have resolved every disputed issue before the petition is filed: who gets which assets and debts, where the children live, who makes major decisions for them, and how much child support will be paid. One unresolved issue converts the case to a contested one, which takes longer and costs more.
What You Need To Agree On
Property and Debts
Texas is a community property state. Nearly everything acquired during the marriage belongs to both spouses equally regardless of whose name is on the title. Property one spouse owned before the marriage, or received during the marriage by gift or inheritance, is generally separate property. You and your spouse decide how to split everything, and the court will approve the agreement as long as it is “just and right,” a standard that gives couples real flexibility when they both consent.3State of Texas. Texas Family Code 7.001 – General Rule of Property Division
Retirement Accounts
Retirement accounts need their own document. A 401(k), pension, or similar employer-sponsored plan cannot be split by the spouses on their own. Federal law requires a Qualified Domestic Relations Order (QDRO) identifying each party, the amount or percentage being transferred, and the specific plan.4Office of the Law Revision Counsel. 26 USC 414 – Definitions and Special Rules The plan administrator must approve the QDRO before any money moves.
If the receiving spouse rolls the funds into their own IRA, the transfer is tax-free. Cashing out triggers income tax, though the 10% early-withdrawal penalty that normally applies under age 59½ is waived for QDRO distributions. The QDRO is separate from the decree, drafting typically runs several hundred dollars, and the plan administrator may charge its own processing fee. Fixing a botched retirement split after the decree is final is far harder than doing it right the first time.
Children
If you have children under 18, the decree has to address conservatorship (decision-making and primary residence), possession and access (the visitation schedule), and support. Most uncontested cases name both parents as joint managing conservators, with one parent designated to determine the children’s primary residence. The other parent typically follows a visitation schedule that mirrors the Standard Possession Order in the Family Code, which Texas law presumes is in a child’s best interest for children three and older.5State of Texas. Texas Family Code 153.252 – Rebuttable Presumption
Parents can customize the arrangement through an agreed parenting plan, and the court will approve it if the plan serves the child’s best interest. If the judge disagrees, the court can ask the parents to revise it.6State of Texas. Texas Family Code 153.007 – Agreed Parenting Plan An approved plan is enforceable through contempt proceedings if either parent later violates it.
Child support in Texas follows statutory guidelines set as a percentage of the paying parent’s net monthly resources, starting at 20% for one child and climbing with the number of children. Parents can agree to a different number, but the judge still reviews the amount to make sure the child is adequately provided for.7State of Texas. Texas Family Code 154.125 – Application of Guidelines to Net Resources The decree also has to say which parent carries health insurance for the children and how uninsured medical expenses are divided.
The Paperwork
Standardized form sets are available from your local district clerk and through TexasLawHelp.org, which provides free templates that match state formatting rules. Couples with minor children need a larger packet than those without. The core documents are:
- Original Petition for Divorce, which starts the case, identifies both spouses, states insupportability as the ground, and outlines the relief requested.
- Waiver of Service, signed by the responding spouse to acknowledge the case and skip formal process service. The responding spouse can file an Original Answer instead.8Texas State Law Library. Answering Divorce Papers
- Final Decree of Divorce, the document the judge signs to end the marriage. It contains the final orders on property, debts, custody, and support. Both spouses should sign before the hearing.
- Parenting plan and child support order, required when the couple has children under 18.
- Vital Statistics form (VS-165), required for all Texas divorces and filed with the clerk. It must be printed double-sided on a single sheet.9Texas Department of State Health Services. Reporting Court Cases Affecting the Parent-Child Relationship
Before filing, compare every document side by side. Names, property descriptions, and financial figures have to match across the entire packet, because inconsistencies can delay the case or cause enforcement headaches later.
Filing, Fees, and Standing Orders
Texas civil filings go through the state’s electronic system, eFileTexas. E-filing is mandatory for attorneys, and self-represented spouses can use the system or file in person at the district clerk’s office.10eFileTexas.Gov. eFileTexas.Gov Fees are paid at submission and vary by county, typically around $300 to $350 for a divorce without children and up to $400 or more with children.
If you cannot afford the fee, Texas Rule of Civil Procedure 145 lets you file a Statement of Inability to Afford Payment of Court Costs. You sign it under penalty of perjury, and the court either accepts it or sets a short hearing where you demonstrate your inability to pay.11Texas Courts. Court Issues Final Amendments to Rule 145 and Related Rules With Forms
Many Texas counties attach an automatic standing order the moment a petition is filed. Standing orders freeze the status quo: neither spouse can hide assets, cancel insurance policies, destroy records, or make major financial moves while the case is pending. If your county uses them, the petitioner must print the order and attach it to the petition at filing. Violations can bring contempt-of-court penalties, so read the order carefully even in a cooperative divorce.
The 60-Day Waiting Period
Texas imposes a mandatory 60-day cooling-off period. A court cannot grant a divorce before the 60th day after the petition was filed, no matter how quickly both spouses agree.12State of Texas. Texas Family Code 6.702 – Waiting Period Use the window to finalize the decree, collect signatures, and prepare for the hearing.
A judge can waive the waiting period only in family violence cases: if the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a household member, or if the petitioner holds an active protective order against the respondent based on violence during the marriage.12State of Texas. Texas Family Code 6.702 – Waiting Period
The Prove-Up Hearing
After the 60 days expire, the final step is a short court appearance called a prove-up hearing. The petitioner, and sometimes both spouses, appears before the judge, who asks a handful of questions: confirming residency, confirming both parties agree to the terms, and verifying that any arrangement involving children serves the children’s best interest. The whole thing often takes 15 minutes or less.
Some counties allow a “paper prove-up,” where the petitioner submits a signed, unsworn declaration instead of appearing. Availability depends on the county and the judge, and in-person appearances are more likely to be required when children are involved.
If the judge finds the agreement fair and legally compliant, the Final Decree of Divorce is signed on the spot. The clerk files the signed decree into the public record, and the marriage is officially over. Request a certified copy from the clerk for a small fee. You will need it for nearly every post-divorce task.
What To Handle After the Decree
A signed decree does not automatically update your name, your tax status, or your insurance. Those changes require separate action, and some of them have hard deadlines.
Restoring a Former Name
If you want to go back to a maiden or prior name, request it in the decree. Texas law requires the court to grant a name restoration when it is specifically requested, and the judge cannot deny it solely to keep family members’ last names the same.13Texas Public Law. Texas Family Code 6.706 – Change of Name Only a previously used name qualifies. Once the decree is final, update your records with the Social Security Administration first, then bring the updated Social Security card and the decree to a Texas DPS office within 30 days to update your driver’s license.14Texas Department of Public Safety. How to Change Information on Your Driver License or ID Card Both agencies require originals, not photocopies.
Tax Filing Status
Your federal filing status for the entire year depends on whether you are married or divorced on December 31.15Internal Revenue Service. Divorced or Separated Individuals A decree signed any time before year’s end means you file as single, or head of household if you qualify, for the whole year. A decree signed on January 2 means you were still married on the prior December 31 and file as married for that year.
Health Insurance and COBRA
A spouse covered under the other’s employer health plan loses coverage once the divorce is final. Federal law gives you 60 days from the date of the divorce to notify the plan administrator and elect COBRA continuation coverage, which allows the former spouse to stay on the plan for up to 36 months at full cost.16Office of the Law Revision Counsel. 29 USC 1166 – Notice Requirements Miss the window and COBRA eligibility is gone. A divorce also qualifies as a special enrollment event under most marketplace and employer plans, so it is worth shopping for new coverage immediately even if you plan to use COBRA as a bridge.