Texas divorce uncontested process 2025

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This document is a guide for individuals seeking an uncontested divorce in Texas, outlining the necessary steps, forms, and legal requirements. It specifies situations where the provided forms should not be used, such as contested divorces or if the wife is pregnant. The guide details the process of filing for divorce, giving legal notice to a spouse, waiting periods, and preparing for court appearances. It emphasizes the importance of legal advice and provides information on how to handle cases involving children or property.

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Click ‘Get Form’ to open the Texas Divorce Uncontested Process form in the editor.
Begin by filling out the Original Petition for Divorce. This form notifies the court and your spouse of your intention to divorce.
Make two copies of your completed Original Petition for Divorce. Keep one for your records and prepare the other for filing.
File your Original Petition at the District Clerk’s Office in your county, paying any required fees. If you cannot afford these fees, file an Affidavit of Inability to Pay Costs.
Provide legal notice to your spouse using one of the methods outlined in the guide, ensuring you have proof of notification.
Wait for the mandatory 61-day period before finalizing your divorce, unless exceptions apply due to domestic violence.
Determine if your case is uncontested by checking if your spouse has filed an answer or signed a waiver.
Prepare and write your Decree of Divorce, detailing property division and child custody arrangements if applicable.
Attend court on the scheduled date with all necessary documents, including copies of forms and any signed waivers or answers from your spouse.
After obtaining signatures from the judge, file the signed decree back at the District Clerk’s Office to finalize your divorce.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Do you have to appear in court for an uncontested divorce in Texas?

While filing paperwork with the court is still required, you can often complete the entire divorce process without ever stepping into a courtroomespecially if your divorce is uncontested.

How much does a uncontested divorce cost in Texas?

An uncontested divorce means both parties agree on the legal reasons for the divorce and the issues in the case. The average cost for an uncontested divorce in Texas ranges from $300 to $5,000 depending on if you hire a lawyer or mediator.

Whats the quickest way to get a divorce in Texas?

Uncontested divorces are typically the fastest option in Texas. Texas requires a 60-day waiting period, but certain exceptions can bypass this. Proper documentation, clear agreements, and legal guidance are crucial for expediting the process.

How long does an uncontested divorce take in Texas?

While some uncontested divorces can happen in as little as 60 days, if there are disputed issues involving child custody or support, spousal maintenance, and property division, obtaining a divorce will take longer. An Austin divorce lawyer can provide you with a reasonable estimate based on your specific situation.