Uncontested Divorce in Southlake (What to Watch Out For)

An uncontested divorce in Southlake is one of the fastest, least expensive ways to end a marriage when both spouses agree on all major issues, including property division, child custody, and support. If you and your spouse are on the same page, you could finalize your divorce in as little as 61 days. At Varghese Summersett, our Southlake family law attorneys help couples who want to dissolve their marriage without the stress, cost, and uncertainty of litigation.

Why Clients Choose Varghese Summersett for Uncontested Divorce

Our family law team has helped hundreds of Tarrant County families through divorce, including many couples seeking an amicable resolution. Our team handles every detail so you can focus on moving forward.

With offices in Southlake, Fort Worth, Dallas, and Houston, our firm is well-positioned to serve clients across the DFW metroplex. We take the complexity out of uncontested divorce and guide you through each step of the Texas divorce process. Past results do not guarantee future outcomes, but our track record of satisfied clients speaks to our commitment to personalized, efficient service.

What Is an Uncontested Divorce?

An uncontested divorce means both spouses agree on every issue in the divorce. There is nothing left to argue about in court. This includes agreement on how to divide property and debts, whether either spouse will receive spousal support, and if children are involved, who will have custody and how much child support will be paid.

Under Texas Family Code § 6.001, either spouse can file for divorce without proving fault. Texas is a “no-fault” state, which means you do not have to show that your spouse did anything wrong. You simply need to state that the marriage has become insupportable due to conflict or discord that cannot be reconciled.

The distinction between contested and uncontested divorces matters because contested cases require hearings, discovery, and often trial. Uncontested cases skip most of that, saving time and money.

Requirements for an Uncontested Divorce in Texas

To file for an uncontested divorce in Southlake (which falls under Tarrant County jurisdiction), you must meet certain requirements. First, at least one spouse must have been a Texas resident for six months before filing. Second, at least one spouse must have lived in Tarrant County for at least 90 days before filing. Third, there is a mandatory 60-day waiting period between filing the Original Petition for Divorce and when the court can finalize the divorce.

If you and your spouse agree on all terms, your divorce can be finalized shortly after the 60-day waiting period expires. In many uncontested cases, only one spouse needs to appear in court for a brief “prove-up” hearing. Some judges may allow the entire process to be completed through signed documents without any court appearance.

What Issues Must Be Resolved?

For a divorce to qualify as uncontested, you and your spouse must reach agreement on several key areas. The first is property division. Texas is a community property state, meaning most assets and debts acquired during the marriage are considered jointly owned. You and your spouse must agree on how to divide bank accounts, retirement funds, real estate, vehicles, and personal property. You must also decide who takes responsibility for any debts. For more on this process, see our guide to marital property division.

If you have children, you must agree on conservatorship (custody), a possession schedule (visitation), and child support. Texas law uses the term “conservatorship” rather than custody. Joint managing conservatorship is the most common arrangement, where both parents share decision-making authority. The possession schedule determines when each parent has time with the children.

Child support in Texas follows statutory guidelines based on the paying parent’s income. Our Texas Child Support Calculator can help you estimate what support might look like in your case.

Finally, if one spouse will receive spousal support (alimony), the amount and duration must be agreed upon. Texas courts rarely award long-term spousal maintenance, but spouses can agree to contractual alimony in their divorce decree.

The Uncontested Divorce Process in Southlake

The process begins when one spouse (the petitioner) files an Original Petition for Divorce with the Tarrant County District Clerk. The petition is then served on the other spouse (the respondent), though in uncontested cases, the respondent often signs a waiver of service to speed things along.

Once the petition is filed, the 60-day waiting period begins. During this time, both spouses work with their attorneys to finalize the Agreed Final Decree of Divorce. This document contains all the terms of the divorce, including property division, custody arrangements, and any support obligations.

After the waiting period, one spouse typically appears before a judge for a short hearing called the “prove-up.” The judge will ask a few questions to confirm that both spouses agree to the terms and that the agreement is fair. Once the judge signs the decree, the divorce is final.

Southlake residents file for divorce in Tarrant County, which hears family law cases at the Tim Curry Criminal Justice Center and the Family Law Center in downtown Fort Worth.

Benefits of an Uncontested Divorce

Choosing an uncontested divorce offers several advantages. The cost is significantly lower than a contested divorce because there is no need for extended litigation, depositions, or trial preparation. The process is faster, often wrapping up within 60 to 90 days rather than months or years. Privacy is better protected because the details of your settlement remain largely out of the public court record. And the reduced conflict makes the transition easier on everyone, especially children.

An uncontested divorce also gives you and your spouse more control over the outcome. Instead of a judge deciding how to divide your property or structure your custody arrangement, you make those decisions together.

When an Uncontested Divorce Becomes Contested

An uncontested divorce in Texas can flip to contested at any point. All it takes is one disagreement on one issue, and your simple prove-up becomes a full-blown legal battle.

A divorce is only truly uncontested when both spouses agree on every single issue. That means property division, debt allocation, conservatorship, possession schedules, child support, medical support, and any request for spousal maintenance. The agreement must be specific enough to put into a Final Decree of Divorce that both parties will sign. If anything remains open or disputed, the case is legally contested.

Many couples start their divorce believing they are on the same page. They agree in principle to “split things fairly” and “do what’s best for the kids.” But general statements of goodwill are not the same as a binding agreement. The moment you try to reduce those intentions to specific terms in a legal document, disagreements often emerge.

How Agreed Cases Fall Apart

Financial disclosures change the picture. Once the formal discovery process begins, one spouse may learn about assets they didn’t know existed, debt that was hidden, or a proposed division that looks far less fair on paper than it sounded in conversation. That spouse may then withdraw from the agreement and demand a different arrangement.

Parenting terms break down under scrutiny. Custody arrangements that seemed reasonable in theory often fall apart when translated into a written possession schedule. Disputes frequently arise over who will be named primary conservator, who gets to determine the child’s residence, how holidays will be divided, whether relocation is allowed, and who makes major decisions about education, health, and extracurricular activities.

Support becomes a flashpoint. Disagreements over child support are common, especially when one party believes the amount should be above or below the state guidelines. Add-ons like daycare costs, activity fees, and uninsured medical expenses can create further conflict. Any request for spousal maintenance can also derail an otherwise agreed case.

Trust and emotions shift. Divorce is emotionally charged. New relationships, suspected infidelity, concerns about substance use, or perceived manipulation around the children or finances can cause one spouse to dig in and stop cooperating. What started as an amicable split can turn adversarial overnight.

Outside influences change minds. Family members, friends, or a new attorney may tell one spouse that they are “giving up too much” or not fighting hard enough for their interests. This outside pressure can cause a party to rescind what was previously an agreed framework and demand better terms.

Key Trigger Points When the Status Changes

After service and answer: A divorce may be filed with the assumption that it will be uncontested. But once the respondent is served with the petition, they may file an answer and counter-petition that proposes entirely different terms. At that moment, the case becomes contested.

During temporary orders: Couples who thought they were agreed sometimes discover they need court intervention before the divorce is finalized. Requests for temporary orders about who stays in the marital home, who has primary possession of the children, temporary child support, or exclusive use of bank accounts and vehicles are hallmarks of a contested case.

At the drafting stage: Everyone can be “agreed in principle” until the attorney drafts the actual decree. When one spouse sees the terms spelled out in black and white, they may refuse to sign or demand changes. At that point, the case is contested and may require mediation, additional hearings, or even trial.

Mediation breaks down: Many Texas family courts require mediation before trial. If mediation fails, or if one party backs out of a deal after the session (unless a binding Mediated Settlement Agreement was signed), the matter remains contested.

What Happens When a Case Turns Contested

The timeline extends significantly. An uncontested divorce can be finalized shortly after the mandatory 60-day waiting period. A contested case, however, typically involves discovery, temporary orders hearings, mediation, and potentially trial. This process can stretch from months to over a year.

Costs increase substantially. Attorney fees for discovery, temporary orders, mediation preparation, and trial can make a contested divorce many times more expensive than an agreed prove-up.

Court involvement grows. Instead of simply approving a settlement both parties signed, a judge may now have to decide temporary custody, temporary support, use of property, and (if no agreement is reached) the final division of assets and conservatorship terms at trial.

How to Protect Your Uncontested Divorce

Nail down specifics early. Before filing as uncontested, work out a detailed term sheet or informal agreement that addresses property, parenting, and support in concrete terms. Vague assurances like “we’ll figure it out” are invitations for future conflict.

Exchange financial information upfront. Basic disclosures, bank statements, and a rough inventory of assets and debts will minimize surprises later. Conflict often arises when one spouse learns something they didn’t expect.

Use mediation even in agreed cases. A half-day mediation session can reduce your agreement to a binding Mediated Settlement Agreement under the Texas Family Code. This locks in the deal and limits the ability of either party to back out later.

The difference between an uncontested and contested divorce often comes down to preparation. The more thoroughly you and your spouse address potential issues before filing, the better your chances of staying on the uncontested path.

How Much Does an Uncontested Divorce Cost in Southlake?

The cost of an uncontested divorce depends on the complexity of your case. Filing fees in Tarrant County are typically a few hundred dollars. Attorney fees vary based on whether you have children, significant assets, or business interests that require additional documentation.

Generally, uncontested divorces cost far less than contested ones because there is no need for formal discovery, multiple court appearances, or trial preparation. Many couples are surprised to learn that with proper legal guidance, they can finalize their divorce for a fraction of what they expected.

For more information, read our breakdown of divorce costs in Texas.

Do I Need an Attorney for an Uncontested Divorce?

While Texas law allows you to represent yourself in a divorce, having an attorney is strongly recommended. Even in an uncontested case, the paperwork must be precise. Errors or omissions in your divorce decree can create problems for years, especially regarding retirement accounts, real estate, or custody terms.

An attorney ensures that your agreement is complete, enforceable, and protects your interests. If your spouse has an attorney and you do not, you may unknowingly agree to terms that disadvantage you.

At Varghese Summersett, we offer flat-fee pricing for uncontested divorces so you know exactly what to expect.

What to Expect From Varghese Summersett

When you work with our Southlake family law team, you can expect clear communication, honest advice, and efficient handling of your case. We start with a consultation to understand your situation and goals. If an uncontested divorce is the right path, we prepare all the necessary paperwork, coordinate with your spouse’s attorney (if they have one), and guide you through the prove-up hearing.

We treat every client with respect and dignity. Divorce is personal, and we never lose sight of the fact that we are handling one of the most significant transitions in your life.

Have more questions? Watch our video series where our attorneys answer common questions: Fort Worth Family Law FAQ Playlist

Frequently Asked Questions

How long does an uncontested divorce take in Southlake?

The minimum time is 61 days due to the mandatory 60-day waiting period. If all paperwork is prepared in advance and the court’s schedule permits, your divorce can be finalized shortly after the waiting period ends.

Can we use the same attorney?

No. An attorney can only represent one spouse. The other spouse can either hire their own attorney or proceed without representation. For more on this, see whether spouses can share a divorce lawyer in Texas.

What if we agree on most things but not everything?

You may still be able to avoid a full contested divorce. Mediation can help you work through remaining disagreements. If you reach an agreement through mediation, your divorce can still proceed as uncontested.

Will I have to go to court?

Usually, only one spouse needs to appear for a brief prove-up hearing. Some Tarrant County judges allow the entire process to be completed through signed documents, eliminating the need for any court appearance.

What happens to our property in an uncontested divorce?

You and your spouse decide how to divide your property. The court will approve your agreement as long as it is fair and complete. For guidance, read about asset division in divorce in Texas.

If you are considering an uncontested divorce in Southlake, our family law attorneys are ready to help. Call (817) 203-2220 to schedule a consultation and take the first step toward your next chapter.