Uncontested Divorce in Texas: What You Need to Know
If you and your spouse agree that it’s time to go your separate ways—and you both want to keep the process simple, affordable, and low-stress—an uncontested divorce may be the best path forward.
At the Law Office of Kischa Hernandez, PLLC, I help clients across Texas navigate uncontested divorce with clarity, compassion, and efficiency. Here’s what you need to know before getting started.
What Is an Uncontested Divorce?
An uncontested divorce means that both spouses agree on the key terms of the divorce, including:
Division of property and debts
Child custody and visitation (if applicable)
Child support and/or spousal support
Any other relevant issues
Because there’s no dispute, uncontested divorces are usually faster, more affordable, and less emotionally draining than contested divorces.
Texas Requirements for Filing
To file for divorce in Texas, the following must be true:
One spouse has lived in Texas for at least 6 months, and
In the county where you file for at least 90 days
You’ll also need to wait 60 days after filing before the divorce can be finalized (unless domestic violence is involved).
Divorce with Children
You can still file uncontested with children, as long as you both agree on:
Custody (conservatorship)
Visitation schedules
Child support (based on Texas guidelines)
Who covers insurance and other costs
The court will review your parenting agreement to ensure it serves the best interests of the child.
The Process at a Glance
Here’s how uncontested divorce typically works:
Initial Consultation – Discuss your situation and confirm eligibility
Document Preparation – Petition, waiver of service, final decree, and more
Signatures – Both spouses sign and notarize required documents
Waiting Period – 60-day statutory waiting period
Final Submission or Court Appearance – Some counties allow affidavit prove-up, while others require a short court hearing
Final Decree Signed by Judge – You receive the court-approved divorce decree.
Do You Need a Lawyer?
Even when things are amicable, working with an attorney:
Prevents costly paperwork mistakes
Ensures your agreement is enforceable
Saves time and frustration with court procedures
Gives peace of mind during a big life transition
At my firm, I offer flat-fee uncontested divorce packages with full and limited scope options to fit your needs and your budget.
Final Thoughts
Uncontested divorce isn’t just about ending a marriage—it’s about starting your next chapter with clarity and dignity.
If you’re ready to take that next step, I’m here to help you do it the right way.
Schedule a consultation today to get started with your uncontested divorce in Texas.
