An uncontested divorce in Texas is a divorce where both spouses agree on all major issues, including property division, child custody, and support. This type of divorce typically costs less, takes less time, and causes less emotional stress than a contested divorce. Most uncontested divorces can be finalized in 60 to 90 days.
At Varghese Summersett, our family law team helps Texas couples who want to end their marriage cooperatively. When both parties are willing to work together, an uncontested divorce offers the smoothest path forward.
What Is an Uncontested Divorce in Texas?
An uncontested divorce occurs when both spouses agree on every aspect of ending their marriage before filing. There are no disputes to resolve in court, and the judge simply reviews and approves the agreement both parties have reached. For a divorce to qualify as truly uncontested, both spouses must agree on:
- How to divide all property and assets
- Who takes responsibility for which debts
- Child custody arrangements (if children are involved)
- Visitation schedules and the standard possession order
- Child support amounts
- Whether spousal maintenance will be paid
- Division of retirement accounts and investments
- What happens to the family home
- How to handle joint bank accounts and personal property
If you disagree on even one of these issues, the divorce becomes contested. However, many couples who start with disagreements are able to resolve them through mediation and still achieve an uncontested divorce.
How Long Does an Uncontested Divorce Take in Texas?
Texas law requires a mandatory 60-day waiting period from the date you file your divorce petition. The court cannot finalize your divorce until this waiting period ends. This requirement exists under Texas Family Code Section 6.702 to give couples time to be certain about their decision.
A typical uncontested divorce follows this timeline:
- Day 1: File Original Petition for Divorce
- Days 1-60: Complete and sign the final decree and all associated documents
- Day 61 or later: Attend the final hearing (called a “prove-up”)
- Within 1-2 weeks after hearing: Judge signs the final decree
Most uncontested divorces are completed within 60 to 90 days from filing. However, this timeline assumes both parties remain cooperative and no unexpected issues arise.
How Much Does an Uncontested Divorce Cost?
The cost of an uncontested divorce varies depending on the complexity of your situation. At Varghese Summersett, we often offer flat fee arrangements for straightforward uncontested divorces, which means you know exactly what to expect from the start.
Our flat fee typically covers initial consultation and case evaluation, preparation of all legal documents, communication with your spouse or their attorney, and representation at the final hearing. Filing fees are not included in the flat fee but are predictable based on which Texas county handles your case.
Flat fee arrangements work best when both parties are in complete agreement on all issues, there are no complex assets requiring professional valuation, both parties are responsive and cooperative, and matters related to any children have been agreed upon.
What Happens at the Final Hearing?
The final hearing in an uncontested divorce is called a “prove-up.” This hearing is typically brief and involves one spouse appearing before the judge to confirm the basic facts of the divorce and that the agreement is fair.
During the prove-up, the judge will ask questions to verify that jurisdiction requirements are met, confirm that the marriage has become insupportable due to discord or conflict, ensure that any agreements regarding children serve their best interests, and review the property division to confirm it is just and right.
If everything is in order, the judge signs the final decree at the hearing or shortly after. In some Texas counties, certain uncontested divorces may be approved without an in-person appearance, though this varies by court.
Watch: Do You Still Need an Attorney If You Have an Agreement?
Can an Uncontested Divorce Become Contested?
Yes. What starts as an uncontested divorce can become contested if disagreements arise during the process. This transformation happens more often than many couples expect.
Common reasons an uncontested divorce becomes contested include discovery of hidden assets such as unknown accounts, properties, or investments; financial changes like job loss or business valuation disputes; disagreements about custody, visitation, or support amounts; new romantic relationships that affect one spouse’s position; family members encouraging more aggressive positions; emotional shifts as the reality of divorce sets in; and disputes over the value of homes, businesses, or retirement accounts.
When a divorce shifts from uncontested to contested, the fee structure typically changes from flat fee to hourly billing with a retainer. This reflects the increased time required for court hearings, discovery, document preparation, negotiations, mediation sessions, and possible trial preparation.
If you sense your uncontested divorce might become contested, talk to your attorney immediately. Early intervention can sometimes preserve the cooperative process. Our family law team at Varghese Summersett is experienced at helping couples stay on track toward resolution.
Why Do You Need an Attorney for an Uncontested Divorce?
Even when both spouses agree on everything, legal representation protects your interests. A family law attorney ensures your rights are protected under Texas law, property division is fair and equitable, child custody arrangements serve the children’s best interests, support amounts comply with state guidelines, and all assets and debts are properly addressed.
An attorney also handles critical procedural requirements. Court deadlines must be met, filing procedures must be correctly followed, and agreements must be properly worded to prevent future disputes. A mistake in any of these areas can create problems that cost far more to fix than hiring an attorney would have cost in the first place.
At Varghese Summersett, our family law attorneys have handled hundreds of divorce cases across Texas. We understand how to protect your interests while maintaining the cooperative spirit that makes uncontested divorces successful. Take the first step toward resolution by calling us today.
What Are the Benefits of an Uncontested Divorce?
Choosing an uncontested divorce offers significant advantages over a contested proceeding.
Financial benefits: You spend less on legal fees because there are no lengthy court battles or multiple hearings. A flat fee structure gives you predictable costs. You avoid expensive expert witnesses like property appraisers or custody evaluators. You also miss fewer days of work since court appearances are minimal.
Emotional benefits: An uncontested divorce allows you to focus on moving forward instead of enduring months of litigation stress. This cooperative approach often leads to better post-divorce relationships, which is especially valuable if you have children. Parents who divorce amicably typically find it easier to co-parent effectively. Perhaps most importantly, you and your spouse control your future instead of leaving major life decisions to a judge who does not know your family.
What Grounds for Divorce Can You Use?
Texas allows both fault and no-fault grounds for divorce, but most uncontested divorces use the no-fault ground of “insupportability.” Under Texas Family Code Section 6.001, insupportability means the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marital relationship with no reasonable expectation of reconciliation.
This is not the only option. Texas law also allows divorce based on cruelty, adultery, felony conviction, abandonment, living apart for at least three years, or confinement in a mental hospital. However, using fault grounds typically requires proving the fault in court, which makes the divorce contested by definition. For couples who want to keep their divorce simple and cooperative, no-fault is usually the best approach.
What Financial Matters Should You Address?
Even in an amicable divorce, certain financial aspects require careful attention to protect your future.
Tax implications: Property division can have significant tax consequences. What seems like an equal split on paper might have very different tax implications for each spouse. For example, dividing a retirement account creates immediate tax events, while dividing a house does not.
Retirement accounts: Dividing 401(k)s, pensions, and other retirement accounts often requires a Qualified Domestic Relations Order (QDRO). Without this specific legal document, you cannot divide these accounts without triggering early withdrawal penalties.
Insurance considerations: You need to plan for how health insurance coverage will change, whether life insurance policies need to be maintained or modified, and what adjustments are needed for home and auto insurance.
Estate planning: After your divorce is final, update your will, trusts, and beneficiary designations on retirement accounts and life insurance policies. Failing to update these documents can have unintended consequences.
Debt division: Consider how dividing joint debts and credit accounts might affect your credit score and future financial stability.
What Legal Protections Should Your Decree Include?
Proper legal protections in your divorce decree prevent future disputes. Your decree should include clear property division terms that leave no room for misinterpretation about who gets what. If support payments are part of your agreement, the provisions must be carefully worded to be enforceable if problems arise later.
For parents, the decree should spell out custody arrangements as well as decision-making authority for education, healthcare, and religious upbringing. Specific protocols for communication and co-parenting decisions can prevent common conflicts. Including clear procedures for resolving future disagreements through mediation or other means can save considerable time, money, and stress down the road.
Frequently Asked Questions About Uncontested Divorce
Can I file for uncontested divorce myself without an attorney?
Texas allows you to file for divorce without an attorney (called filing “pro se”), but this is risky even in uncontested cases. Mistakes in paperwork or agreements can create legal problems that cost far more to fix than hiring an attorney would have cost initially. An attorney ensures your agreement is complete, enforceable, and protects your interests.
What if my spouse will not sign the divorce papers?
If your spouse refuses to participate, you cannot have an uncontested divorce. However, you can still get divorced. Texas allows for a “default judgment” when one spouse does not respond to divorce paperwork. The process takes longer and has additional requirements, but you do not need your spouse’s cooperation to end the marriage.
How do we divide property in an uncontested divorce?
Texas is a community property state, meaning property acquired during marriage generally belongs equally to both spouses. In an uncontested divorce, you and your spouse agree on how to divide community property. The division does not have to be exactly 50/50, but it must be “just and right.” Your agreement should also address separate property (assets owned before marriage or received as gifts or inheritance).
Can we share one attorney in an uncontested divorce?
No. An attorney can only represent one party in a divorce. While one spouse may have an attorney and the other may not, the attorney has a duty only to their client. This is why both spouses should consider having their own legal representation, even in an amicable situation.
What happens to our children in an uncontested divorce?
In an uncontested divorce, you and your spouse agree on custody (called “conservatorship” in Texas), visitation schedules, and child support. The court will review your agreement to ensure it serves the children’s best interests. Even with an agreement, the judge has discretion to modify provisions that do not adequately protect the children.
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Ready to Start Your Uncontested Divorce?
If you and your spouse have agreed to end your marriage and can work together on the terms, an uncontested divorce offers the fastest, most affordable path forward. Varghese Summersett’s family law attorneys provide clear guidance, transparent fee structures, and experienced representation throughout the process.
Our team will protect your legal rights while helping you maintain the cooperative approach that makes uncontested divorces successful. We have offices in Fort Worth, Dallas, Houston, and Southlake to serve clients across Texas. Let us guide you through this chapter with clarity and confidence.
