Ultimate Guide to Uncontested Divorce in Texas

In an uncontested divorce in Texas, also called an agreed divorce, both spouses agree on every issue the court has to decide, so nothing is left for a Judge to resolve between them.

Two things make a divorce uncontested: the spouses agree on every term, and at least one of them meets the state’s residency rule.

Who Qualifies for an Uncontested Divorce in Texas?

One spouse must have lived in the state for six months and in the filing county for 90 days under Section 6.301. That county is where the case is filed, which for a Sugar Land resident means Fort Bend County, and the same residency rule applies to any Sugar Land divorce, contested or not.

Residency is only half of qualifying. The spouses also have to agree on every term, and a divorce stays uncontested only while that agreement holds.

When Does an Uncontested Divorce Become Contested?

An uncontested divorce becomes contested the moment the spouses stop agreeing on any issue the decree has to resolve, including one neither raised until the decree was drafted. An asset left off a list or a parenting right never written down can each cause it.

Even a signed agreement needs the court’s approval. If the court finds its terms are not just and right, it can ask the spouses for a revised agreement or set the case for a contested hearing, as Section 7.006 provides.

A contested divorce then moves through steps such as temporary orders, discovery and mediation.

Do You Need to Prove Fault in an Uncontested Divorce?

No. Texas allows a divorce without regard to fault when the marriage has become insupportable. Insupportable means discord or a conflict of personalities has destroyed the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. The ground is the same in a contested case, where a Judge decides the issues the spouses could not settle.

How Does an Uncontested Divorce Work in Texas?

The process follows these steps:

Confirm that the spouses agree on every term and that one of them meets the residency rule
File the original petition, which opens the case, with a civil case information sheet
Have the responding spouse, the one who did not file, file an answer or sign a waiver of service
Sign the final decree of divorce, which puts the agreement in writing

A waiver of service lets the responding spouse skip formal service of the petition. However quickly the spouses agree, a court cannot grant the divorce before the 60th day after filing, unless the responding spouse has a family violence conviction or deferred adjudication or the filing spouse holds an active protective order against the responding spouse.

What Does an Uncontested Divorce Have to Cover?

The final decree has to settle every issue between the spouses, including:

Division of property and debts
Conservatorship, meaning each parent’s rights and duties for a child’s health, education and welfare
The possession schedule that sets each parent’s time with the children
Spousal support, if the spouses agree to it

When there are children, the Family Code presumes that appointing both parents as joint managing conservators serves each child’s best interest, and a history of family violence removes that presumption. Our Sugar Land property division and child custody attorneys handle both pieces.

Can I Use Online Forms for My Uncontested Divorce?

Forms are available online, but a packet cannot tell you whether your agreement covers every issue the decree must resolve. Small rules also trip people up, such as the waiver of service, which under Section 6.4035 must usually be sworn before a notary public and cannot carry a digitized signature. An omitted asset or an unwritten conservatorship term can reopen an agreement that seemed settled, so having an attorney read the paperwork before signing helps keep an uncontested case from turning contested.

What Happens After the Court Signs the Decree?

A signed decree is a court order that ends the marriage and sets the terms the spouses agreed to. If a former spouse does not follow it, such as by skipping a required account transfer or the possession schedule, the other can ask the court to enforce the order. That is one more reason to write the terms clearly before signing.

Talking Through Your Uncontested Divorce in Texas Before You Sign

A careful decree helps keep an uncontested divorce in Texas uncontested. At Skillern Firm Divorce & Child Custody Lawyers, our Sugar Land attorneys, including Caitlin Thorpe and Robert Wendell, can read the decree with you before you sign as you begin transitioning to your new way of life.

Contact Our Experienced Texas Family Law Firm For Help Today

Whether you’re facing a divorce, child custody dispute, or another family law matter in Texas, the trusted family law attorneys at Skillern Firm Divorce & Child Custody Lawyers are here to help. Contact us today to schedule a consultation and discuss your legal options.

We proudly serve Harris County, Fort Bend County, Montgomery County, Waller County, and the surrounding areas.