Uncontested Divorce in Texas: Doing It Right

When It Works

This route suits spouses who agree on all terms, who both understand the finances, and who can sign without pressure. It is simplest when there are no children, no retirement plan and no real estate, but it can work with all of those if the terms are drafted properly.

It is the wrong route if one spouse is being pressured, if there has been family violence, or if one of you does not actually know what the other owns or owes. Fast is not the same as fair, and a decree is hard to undo.

What It Still Requires

Agreement does not remove the legal requirements. One spouse must meet the six-month Texas and 90-day county residency rule (Texas Family Code § 6.301). The petition must be filed, and the other spouse must be served or sign what the court accepts in place of service. The court generally cannot grant the divorce before the 60th day after filing (§ 6.702), and a judge must sign the final decree. Many counties have their own requirements on top, so check for yours.

The Mistakes That Cost the Most

The most expensive errors usually appear years later. A retirement plan that the decree mentions but no one ever divides with the order the plan requires. A house that goes to one spouse with both names still on the mortgage. A debt assigned to an ex who then stops paying it, while the creditor keeps coming after you.

With children, the common mistake is vagueness: "reasonable visitation" or "as the parents agree" works until the parents stop agreeing. Specific schedules protect everyone.

Paying for a Review Can Save Money

A lawyer can represent only one spouse, but either of you can pay for a review before signing. For most couples with a house, children or a retirement plan, the review costs far less than fixing a bad decree later. Lisa G. Garza is Board Certified in Family Law by the Texas Board of Legal Specialization, and the firm can tell you whether your agreement does what you think it does.

Common Questions