Filing for an Uncontested Divorce in Texas Made Simple

Have you and your spouse decided to file for marriage dissolution? If you don’t want to spend months or years trying to finalize the process, you should opt for an uncontested divorce.

The Lone Star State has various laws and requirements concerning this matter, but there’s no need to fret! We will give you the rundown on uncontested divorce in Texas!

Understanding the Grounds for Divorce in Texas

Before initiating the divorce process, you have to consider the grounds you’re basing it on. Texas recognizes both no-fault and fault-based legal reasons for marriage dissolution. If you’re unsure about the grounds for your divorce, consult the following table:

No-Fault Grounds	Fault-Based Grounds
Irreconcilable differences Living separately for a minimum of three years Confinement in a mental hospital for at least three years	Cruelty Adultery Voluntary abandonment for at least one year Felony conviction or imprisonment Impotence or infertility Homosexuality Substance or alcohol abuse Unwillingness to support the other spouse financially Cultural or religious differences

Keep in mind that the legal grounds you’re basing the divorce on can determine whether you can file for an uncontested divorce.

Do I Qualify for an Uncontested Divorce in Texas?

An uncontested divorce is quicker and cheaper than the regular one, but it’s not accessible to everyone. Filing for simplified marriage dissolution requires meeting certain criteria (this refers to both you and your spouse):

Agreeing to:
- End the marriage
- The no-fault grounds for divorce
Not having:
- Ongoing bankruptcy cases
- Minor or disabled children together
- Debts, real property, or retirement benefits to divide
Not being pregnant (even if the husband is not the father)
Not seeking spousal maintenance

In case you do have minor children or marital property, you and your spouse need to negotiate these subjects between yourselves. You have to discuss and agree on the following issues:

Child custody and support
Parental responsibilities
Parenting plan
Division of debt and property (e.g., who gets the family house)

If you need help negotiating, you can resort to mediation. Once you settle these matters, you need to draw up a divorce settlement agreement.

Uncontested Divorce in Texas—Residency Requirements

You cannot petition for divorce in Texas if you don’t meet the following residency requirements:

Either of you has lived in Texas for at least six continuous months before petitioning
At least one of you has lived in the county where you’re filing for divorce for a minimum of 90 days

The Process of Filing for an Easy Texas Divorce

One of the advantages of an uncontested divorce is that you can complete the process without a lawyer, which can save you a lot of money. The process is undemanding, and it consists of the following steps:

Preparing Texas divorce forms—You can find the necessary papers on the official Texas Judicial Branch website. Keep in mind that some counties accept different forms, so you should check your county’s government regulations. Make sure to download a set of uncontested documents, not regular. Fill them out and sign them as instructed on the website
Making copies of each document—Before submitting the original documents, you should make at least two copies of each. This is a necessary practice since you need to keep one copy for yourself and send another to your spouse
Filing the original forms—Submit the petition and other required documents at the local clerk’s office in your county
Serving divorce papers—If you’re not petitioning together, you need to deliver the papers to your spouse
Drafting a divorce settlement agreement—Once your spouse files an answer to the petition, you should draw up a settlement agreement. To ensure your agreement is valid and meets the state requirements, register for DoNotPay and let us create it for you
Attending a hearing—There’s a 60-day mandatory waiting period for getting a divorce in Texas. After that, the court will schedule a hearing. The judge will review your divorce settlement agreement and, if you meet all the requirements, finalize the process by issuing the Final Decree of Divorce

Get a Divorce Settlement Agreement in Minutes Using DoNotPay

The judge can deny your petition if a divorce settlement agreement doesn’t comply with the state-specific rules or fails to include certain clauses. The best course of action is to have an expert draft the document for you. Are you looking for professional assistance that doesn’t cost an arm and a leg? DoNotPay fits the description!

All you have to do is open DoNotPay and follow these instructions:

Choose the Divorce Settlement Agreement feature
Fill out our short questionnaire
Let us know if you need a notary

We’ll use our comprehensive database of divorce laws and the information you provided to personalize the agreement.

DoNotPay is here to answer all your divorce-related questions—both general and state-specific:

General	Divorce in Texas
How much does a divorce cost? What is mediation in divorce? Can you file for divorce online? How can you get a low-cost divorce? Do you need a lawyer if you agree on everything? What are the benefits of a friendly divorce? Can you get a divorce without going to court? How can you reach an out-of-court divorce settlement? What is alimony in a divorce?	How can you file for divorce in Texas without a lawyer? How much does a divorce cost in Texas? How can you file for divorce in Austin, Texas? Can you get a divorce while pregnant in Texas?

We have information about divorce in various counties in Texas, including:

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