If you and your spouse are ready to part ways and agree on the major issues—like property division, custody, and support—an uncontested divorce can save you time, stress, and money. But even when things are amicable, it’s important to understand the legal process in Texas and know where you might still need guidance.

Let’s break it down.

💍 What Is an Uncontested Divorce?

An uncontested divorce means that both parties:

• Agree that the marriage should end

• Agree on how to divide property and debts

• Agree on issues related to children (if any), including custody, visitation, and support

• Are willing to sign all necessary paperwork without fighting in court

This process is also known as an “agreed divorce” in Texas.

🗂️ Basic Requirements in Texas

To file for divorce in Texas, you must meet these basic requirements:

1. Residency

• One spouse must have lived in Texas for at least 6 months

• And in the county where you file for at least 90 days

2. Waiting Period

• Texas requires a 60-day waiting period from the date of filing before the divorce can be finalized (with limited exceptions, such as family violence cases)

3. Agreement on All Terms

• Both parties must be willing to sign a Final Decree of Divorce that outlines the terms of the divorce, including property division, child-related provisions, and any support arrangements.

👨‍👩‍👧 Divorce With Children

If you have minor children, your divorce must include:

• A Parenting Plan that addresses conservatorship (custody), visitation, and child support

• A completed Child Support Worksheet using Texas guidelines

• A clear agreement that serves the best interest of the child

Even in agreed cases, the court will review the parenting terms closely.

🧾 Property & Debt Division

In an uncontested divorce, both parties agree on how to:

• Divide real estate, vehicles, bank accounts, and retirement

• Allocate credit card debt, loans, and other obligations

• Handle personal property (furniture, household items, etc.)

You must disclose all marital property—even if you’re waiving interest in it.

⚖️ Do You Still Need a Lawyer?

While it’s possible to complete an uncontested divorce without an attorney, many people choose to work with a lawyer to:

• Draft or review the Final Decree of Divorce

• Ensure the paperwork is complete and legally sound

• Prepare for court (even in uncontested cases, one party usually appears briefly for a “prove-up”)

At the Law Office of Kischa Hernandez, PLLC, we offer flat-fee uncontested divorce services—with full or limited-scope options to fit your needs.

✅ Benefits of an Uncontested Divorce

• Faster process (usually finalized soon after the 60-day wait)

• Lower legal fees and court costs

• Less emotional stress than a contested court battle

• More privacy and control over the outcome

📌 Quick Tips Before You File

• Be sure both parties are ready to cooperate and sign

• Gather financial and property documentation ahead of time

• Have a conversation about your agreement in writing, if possible

• Choose the right county to file in based on residency

• Don’t forget to update your will or estate plan after the divorce

🤝 Ready to Move Forward?

If you’re considering an uncontested divorce in Texas, you don’t have to go it alone. Whether you need help preparing paperwork or want full representation from start to finish, we’re here to make the process smoother, faster, and legally secure.

Contact the Law Office of Kischa Hernandez, PLLC to learn more about our flat-fee uncontested divorce services today.

When a marriage ends, one of the first legal decisions you’ll face is how to divorce: contested or uncontested. Understanding the difference between these two paths can help you make informed decisions and avoid unnecessary stress.

💍 Uncontested Divorce: When You Agree

An uncontested divorce means both spouses agree on all the major issues, including:

• Division of property and debts

• Custody, visitation, and child support (if children are involved)

• Spousal support or alimony (if applicable)

You don’t have to agree on everything from the start—but you must reach an agreement before the final hearing. Uncontested divorces are often:

• Faster

• Less expensive

• Less stressful

• Private and cooperative

This type of divorce is ideal for couples who want to separate amicably and avoid courtroom conflict.

⚖️ Contested Divorce: When You Don’t Agree

A contested divorce means there is disagreement on one or more major issues—whether it’s about finances, children, or even whether the divorce should happen at all.

In a contested divorce, the court may be asked to:

• Divide property and debts

• Determine child custody and visitation

• Set child or spousal support

• Resolve any disputes between the parties

These cases may involve:

• Multiple court appearances

• Discovery and document exchange

• Mediation or settlement conferences

• A full trial, if no agreement is reached

Contested divorces are often longer, more expensive, and emotionally draining.

🧠 Which One Is Right for You?

Choose uncontested divorce if:

• You and your spouse are mostly on the same page

• You want to save time and money

• You’re willing to cooperate to reach a resolution

Consider contested divorce if:

• There are serious disagreements or trust issues

• There are complex financial or child-related matters

• One party refuses to participate or negotiate

🤝 Need Help Deciding?

At the Law Office of Kischa Hernandez, PLLC, we help clients pursue uncontested divorce when possible—and guide them through contested cases when necessary. We also offer flat-fee options and limited scope services for those who want support without the cost of full representation.

Thinking about divorce in Texas? Let’s talk.

Schedule a consultation today to explore the best path for your situation.

Ending a marriage doesn’t always mean heading into a courtroom battle. In fact, many couples in Texas can complete the divorce process without ever stepping foot in court—especially when the divorce is uncontested.

If you’re looking for a peaceful, affordable way to end your marriage, here’s what you need to know about filing for divorce without going to court.

🗂️ Requirements for a No-Court Divorce in Texas

To file for divorce without going to court, these conditions must typically be met:

• ✅ You or your spouse have lived in Texas for at least 6 months, and in your county for at least 90 days

• ✅ Both spouses agree the marriage is over (no-fault divorce)

• ✅ You agree on division of property and debts

• ✅ If you have children, you agree on custody, visitation, and child support

• ✅ Both parties are willing to sign the necessary paperwork

• ✅ Your county allows prove-up by affidavit or submission without a hearing (check with your local court or attorney)

📝 How the Process Works

Here’s a simplified outline of the steps:

1. Prepare & File the Petition

The spouse initiating the divorce (the Petitioner) files an Original Petition for Divorce with the District Clerk in the appropriate county.

2. Waiver of Service

Instead of serving the other party formally, the Respondent can sign a Waiver of Service, agreeing not to be formally served and confirming receipt of the petition.

3. Agreement Documents

Both parties work together (often with an attorney) to complete:

• A Final Decree of Divorce

• A Parenting Plan (if children are involved)

• A Child Support Worksheet (if applicable)

• Other relevant documents (e.g., property agreements)

4. Waiting Period

Texas law requires a 60-day waiting period from the filing date (exceptions apply in cases involving family violence).

5. Submit Final Documents

If allowed by your court, you may submit final documents by affidavit or mail without appearing in court. Some counties require one party to appear briefly—others permit virtual or written prove-ups.

6. Judge Signs the Decree

Once approved, the judge will sign your Final Decree of Divorce and it becomes official. You’ll receive a file-stamped copy for your records.

⚖️ Why Work with a Lawyer—Even If You Don’t Go to Court?

Even if the process is amicable, it’s smart to work with a family law attorney to:

• Ensure your paperwork is complete and enforceable

• Prevent delays or rejections from the court

• Protect your rights and future (especially in property or parenting matters)

• Navigate local court rules, which vary across Texas counties

At the Law Office of Kischa Hernandez, PLLC, we help clients across Texas handle uncontested divorces efficiently, affordably, and with minimal stress—sometimes entirely remotely.

🏁 Final Thoughts

Divorce doesn’t have to mean conflict, courtrooms, or chaos. If you and your spouse are ready to move forward respectfully, filing for divorce without going to court can be a peaceful solution.

Contact us today to find out if you’re eligible for a no-court divorce in Texas. We’ll guide you every step of the way—with clarity, compassion, and care.