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How to File a Cheap Uncontested Divorce in Texas How to File a Cheap Uncontested Divorce
in Texas

Divorce in Texas: Step-by-Step Filing Instructions

1. You Can File in Texas No Matter Where You Got Married

   You're allowed to get divorced in Texas even if your wedding took place somewhere else—whether that was in another U.S. state or a different country. As long as Texas recognizes your marriage as legal, you can file for divorce here.

2. You Must Meet Residency Rules

   To file for divorce in Texas, either you or your spouse must have lived in Texas for at least 6 months, and in the county where you plan to file for at least 90 days. These residency rules must be met before you can start the divorce process.

3. Uncontested (or "No-Contest") Divorce Is the Easiest Option

   In Texas, when you and your spouse reach agreement on all divorce terms, it is often called an uncontested divorce—or sometimes a no-contest divorce. This is the fastest, least expensive, and least stressful way to end a marriage. If even one issue is in dispute (such as property, children, or support), then you will need to file a contested divorce instead.

4. You Need a Legal Reason to Divorce

   Texas law requires that you have a valid reason—called a ground—to end your marriage. Most people choose the no-fault option, which doesn't blame either spouse for the breakup. This no-fault ground has a long formal name (get ready for it): "the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."
   In plain English, it just means the marriage has broken down and neither spouse believes they can work things out. Many other states use simpler, easier-to-understand no-fault grounds—such as saying the couple has "irreconcilable differences," "incompatible differences," or simply that "the marriage has broken down with no hope for reconciliation."

5. Divide Marital Property and Debt

   Texas is a "community" property state, which means that most property or debt acquired during the marriage is considered jointly owned—even if it's only in one spouse's name. If the spouses ca't agree on how to divide their assets and debts, a judge will step in and divide everything fairly ("equitably"), but within the rules of Texas's community property laws. However, in an uncontested divorce, the spouses are free to divide their property and debts however they both agree—even if it's not a 50/50 split.

6. Spousal Maintenance (Alimony)

   In Texas, the payment of spousal support from one spouse to the other after a divorce is called Spousal Maintenance. Texas doesn't use the term "Alimony," which is more commonly used in other states—but both terms refer to the same idea. In an uncontested divorce, the spouses can agree to whatever arrangement they feel is fair regarding spousal maintenance, including the amount, how often it will be paid, how long it will last, or whether to waive it entirely.

7. Child-Related Issues: Custody, Visitation, and Support

   If you and your spouse have minor children together, your divorce will need to address parenting arrangements—including who the child will live with, how parenting time is shared, and how child support will be handled.
   Texas uses specific legal terms for these issues. Instead of using the words custody and visitation, Texas law refers to conservatorship (which describes a parent's rights and responsibilities) and possession (which refers to the time a parent spends with the child).
   The parent with the right to decide where the child primarily lives is typically called the managing conservator, while the other parent is the possessory conservator (also known as the non-residential parent) and may be ordered to pay child support.
   In an uncontested divorce, both spouses can agree on any parenting plan and support arrangement they believe is best for their family, and the court will generally approve it if it meets the child's best interests.

8. Prepare and File the Correct Court Forms

   You'll need to get the correct Texas uncontested divorce forms, complete and sign them, and then file them with the court. Your spouse will also need to sign some of the documents as part of the process.

9. Get Help If You Don't Want to Do It All Alone

   If you want to file for divorce without a lawyer but don't feel comfortable preparing the paperwork yourself, you can use a paralegal service or an online divorce forms service. These services can help you complete everything correctly, without the cost of hiring an attorney.

10. File Your Original Petition for Divorce

    To officially start the divorce process in Texas, you must file a legal document called the Original Petition for Divorce with the court. This document includes key details such as the names and addresses of both spouses, the date of the marriage, whether you meet the Texas residency requirements, whether there are minor children involved, and the legal grounds for the divorce—most commonly the no-fault ground of "insupportability."
    After the Petition is filed, a copy that has been file-stamped by the court clerk and includes the court's Docket (Case) Number must be delivered to your spouse. This is what formally notifies them that the divorce case has been opened.

11. Have Your Spouse Sign a Waiver of Service

    Instead of being formally served by a process server, your spouse can sign a Waiver of Service and Consent form. This shows they've received the divorce papers and agree to proceed without being formally served.

12. Sign the Final Decree of Divorce

    You and your spouse will both sign a Final Decree of Divorce, which includes all of your agreed-upon terms. This is the official document the judge signs to make the divorce final, legally ending the marriage as of that date. This is commonly called finalizing a divorce.

13. Proving-Up the Divorce

    In Texas, after the signed Waiver of Server is filed with the court, the spouse who files the divorce (the Petitioner) is usually required to attend a brief hearing known as a Prove-Up Hearing. During this hearing, the judge asks a few basic questions to confirm the details of the divorce.
    Texas has a 60 day waiting period starting with the date the Original Petition for Divorce was filed before a Judge can grant a divorce. So, if a Prove-Up hearing is required to be held it cannot be held until 60 days after the Petition was filed.
    Today, many Texas courts hold Prove-Up hearings via video conference, and in some cases, the judge may waive the hearing altogether and allow the Petitioner to simply file an Affidavit that contains the information they would testify to if a hearing was held. In Texas, this is informally called granting a divorce "on the papers."
    Whether a hearing is required or not, the judge will review the divorce paperwork, and if everything is properly completed, will approve the divorce by signing the Final Decree, officially finalizing the divorce.

Pro Tip: After a judge is assigned to your case, contact the court to find out whether that judge requires a Prove-Up hearing—and if so, whether it will be held in person or via video.

14. Give Your Spouse the Final Decree

    After the judge signs the Final Decree of Divorce, make sure to give your spouse a copy of the signed decree for their records. This is the final step to ensure both parties have proof that the divorce is complete and legally binding.