Divorce is never easy, but it doesn't always have to be a drawn-out battle. When both spouses agree on the major issues -- property division, child custody, support -- Texas law provides a streamlined path called an uncontested divorce.
At WG Law, we help couples in McKinney, Southlake, and across North Texas navigate this process efficiently and affordably. Here's what you need to know.
What Makes a Divorce "Uncontested"?
An uncontested divorce simply means both spouses agree on all the key terms of the divorce:
- Division of property and debts (who gets what)
- Child custody and visitation (if children are involved)
- Child support (amount and terms)
- Spousal support/alimony (if applicable)
If you and your spouse can reach agreement on these issues -- either on your own or with the help of attorneys -- you can avoid a trial entirely. The judge reviews your agreement, confirms it's fair and legal, and signs the final decree.
Texas Residency Requirements
Before you can file for divorce in Texas, you must meet these requirements:
- At least one spouse must have been a resident of Texas for six months
- At least one spouse must have been a resident of the county where you file for 90 days
If you recently moved to Texas, you may need to wait before filing.
The 60-Day Waiting Period
Texas law imposes a mandatory 60-day waiting period from the date the divorce petition is filed. This means even the fastest uncontested divorce in Texas takes at least 61 days (the day of filing plus 60 days).
In practice, most uncontested divorces take two to four months from filing to final decree, depending on court scheduling and how quickly the paperwork is completed.
What Does an Uncontested Divorce Cost?
Costs vary, but uncontested divorces are significantly cheaper than contested ones:
- Court filing fees: Approximately $300 to $350 in most Texas counties
- Attorney fees: Typically $1,500 to $3,500 for a straightforward uncontested divorce. Complex property or custody situations cost more.
- Total: Most families spend $2,000 to $4,000 all-in for an uncontested divorce
Compare this to a contested divorce, which can easily cost $15,000 to $50,000 or more in legal fees.
No-Fault Grounds
Texas allows no-fault divorce, which means you don't need to prove that your spouse did something wrong (though fault-based grounds like cruelty or adultery are also available under Texas Family Code Chapter 6). The most common ground for an uncontested divorce is "insupportability" -- the legal term for irreconcilable differences. You simply state that the marriage has become insupportable due to discord or conflict that cannot be resolved.
Community Property Division
Texas is a community property state. This means most assets and debts acquired during the marriage belong equally to both spouses. In an uncontested divorce, you and your spouse agree on how to divide:
- The family home (sell it, one spouse keeps it, etc.)
- Bank accounts and retirement accounts
- Vehicles
- Debts (credit cards, loans, mortgage)
- Business interests
The division doesn't have to be exactly 50/50, but it must be "just and right" under Texas law. The court reviews your agreement to ensure it's fair.
Children: Custody, Support, and Visitation
If children are involved, your agreement must address:
- Conservatorship (custody) -- Texas uses the term "conservator" rather than "custodian." You'll agree on who makes major decisions (education, medical, religious) and where the children primarily live.
- Possession schedule -- A detailed visitation schedule. Texas has a Standard Possession Order that serves as a default framework.
- Child support -- Calculated based on the paying parent's net resources (a specific legal term defined in Texas Family Code Section 154.062) using Texas guidelines (typically 20% for one child, 25% for two, 30% for three, etc.)
When Uncontested Isn't the Right Fit
An uncontested divorce works when both parties are cooperative, honest about finances, and willing to negotiate in good faith. It may not be appropriate when:
- There is a history of domestic violence or abuse
- One spouse is hiding assets or income
- The parties fundamentally disagree on custody
- There is a significant power imbalance
In these situations, you need an attorney who will advocate for your interests in court.
How WG Law Can Help
Even in an uncontested divorce, having an attorney draft and review the paperwork protects you from costly mistakes -- like failing to divide a retirement account properly or leaving ambiguous custody language. We handle the legal work so you can focus on moving forward.