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Guide to Uncontested Divorce in Texas

December 23, 2025

Agreed Divorce (Uncontested / Simple Divorce) in Texas: A Plain English Guide

If you and your spouse in Texas agree that the marriage is over and you want to keep things as calm, fast, and affordable as possible, what most people call an “uncontested” or “simple” divorce is usually handled as an Agreed Divorce — a case where you both sign the paperwork and do not ask the judge to decide disputes.

This guide explains how an Agreed Divorce in Texas works, who qualifies, the basic steps in the court process, and where a do-it-yourself (DIY) approach can fit. It’s written for regular Texans who want a plain English roadmap.

Important: PlainDivorce.com is not a law firm. This article is legal information only, not legal advice. Court rules, forms, and fees change. Always double-check with official Texas court resources, your local district clerk, or a Texas family lawyer before you file anything.

Table of Contents

uncontested divorce in Texas

1. What Is an Agreed Divorce in Texas?

In everyday language, an “uncontested divorce” in Texas means you and your spouse agree on everything important and you ask the judge to approve your paperwork. In Texas specific language, this is commonly called an Agreed Divorce.

A case is typically considered “agreed” when:

  • You both agree the marriage should end.
  • You both agree on how to divide property and debts.
  • You both agree on whether there will be spousal support (if any).
  • If you have children, you agree on conservatorship (custody), parenting time, and child support.
  • You are both willing to sign the paperwork needed to finish the case.

By contrast, a contested divorce is where you disagree about the children, money, or property and ask the judge to decide. Contested cases typically take longer and cost more.

Texas also has “default” divorces, where one spouse files and properly serves the other, but the other spouse never files an answer. The court may still grant the divorce if the paperwork is correct, but that is not truly “agreed.”

2. Who Qualifies for an Agreed Divorce in Texas?

Before you worry about paperwork, make sure you qualify to file in Texas and that your situation truly fits an Agreed Divorce (meaning full cooperation and full agreement).

2.1 Residency requirements

To file for divorce in Texas, at least one spouse must have:

  • Lived in Texas for at least 6 months continuously, and
  • Lived in the county where you file for at least 90 days.

It doesn’t matter which spouse files as long as either of you meets these rules. Military families sometimes have additional options, but the core idea is Texas must be your home state and the county must be your home county.

2.2 Grounds for divorce (the common no-fault option)

Texas allows several legal “grounds” for divorce. In most agreed cases, people use the no-fault ground called insupportability. In plain English, it means the marriage cannot continue because of conflict or disagreement and there is no reasonable chance of reconciliation.

Texas also has fault grounds (cruelty, adultery, abandonment, felony conviction, etc.), but those are more common in contested cases and can increase conflict.

2.3 When a Texas case fits the Agreed Divorce path

Your case is a good candidate for an Agreed Divorce if:

  • You both agree the marriage is over.
  • You can communicate without threats, coercion, or abuse.
  • You both have full information about finances (income, accounts, property, debts).
  • You can reach a clear agreement on property and debt division.
  • If you have children, you can agree on conservatorship, parenting time, and child support.
  • Neither spouse is hiding assets or rushing the other into signing something they don’t understand.

2.4 When an agreed divorce may not work well

Even if you meet residency rules, an agreed approach may not be safe or realistic if:

  • There has been family violence or you are afraid of your spouse.
  • One spouse is pressuring the other using money, threats, or intimidation.
  • You have complicated finances (business ownership, large retirement assets, multiple properties).
  • You disagree about children, or one spouse plans to relocate with the kids.
  • There is an ongoing bankruptcy or a serious tax/immigration issue tied to the divorce.

In these situations, consider talking to a Texas family lawyer or legal aid clinic, even if you still hope to settle out of court.

3. Step-by-Step Overview of the Agreed Divorce Process

Every county has local habits, but most Agreed Divorce cases follow the same basic path. Here is the high-level roadmap with the Texas specific “gotchas” that commonly derail DIY filings.

Step 1 – Confirm you qualify and the case is truly agreed

  • Texas residency: 6 months in Texas + 90 days in the county.
  • Ground: most agreed cases use insupportability (no-fault).
  • Agreement: you must have (or be able to reach) agreement on children (if any), support, property, and debts.

Step 2 – Reach clear agreements (children, support, property)

In an agreed case, the judge expects your Final Decree of Divorce to clearly reflect what you agreed to. Common topics include:

  • Children: conservatorship, parenting schedule (possession/access), holidays, transportation.
  • Child support: guideline amount (or an explained deviation), medical support/insurance.
  • Spousal support: whether any will be paid and under what terms.
  • Property/debts: home, vehicles, bank accounts, retirement, credit cards, loans.

Step 3 – Prepare the Texas forms (including the Austin form VS-165)

Texas agreed cases typically revolve around a few core documents. The exact set varies by county and whether children are involved, but the key entities most DIY filers run into are:

  • Original Petition for Divorce (the first document filed to start the case).
  • Waiver of Service Only (used when the Respondent cooperates; often helps avoid sheriff/constable service fees).
  • Final Decree of Divorce (the final order spelling out all agreements).
  • Information on Suit Affecting the Family Relationship (Form VS-165) — often called the “Austin form.” Many district clerks require it with the final decree. Submit it exactly as your clerk instructs.

Why VS-165 matters: It is a state reporting form tied to vital statistics reporting. If you forget it, some courts will not process your final paperwork. Always confirm the latest requirements with your county’s district clerk.

Step 4 – File with the District Clerk

In Texas, divorce cases are filed with the District Clerk in the county where you meet the residency requirement. Depending on your area, you may file in person or through e-filing.

You usually pay the filing fee unless you qualify for a fee waiver. The clerk will assign a cause number and a court.

Step 5 – Handle service the agreed way (Waiver timing is a common trap)

In many agreed cases, the Respondent signs a Waiver of Service Only after the case is filed. This typically allows the case to move forward without formal service by a sheriff/constable/process server.

Red alert (timing rule): Do not have the Respondent sign the Waiver before the Original Petition for Divorce is filed. Many Texas self-help packets instruct waiting at least one day after filing before signing to avoid rejection. If you get the timing wrong, the judge can refuse to grant the divorce at the prove-up.

If your spouse will not sign a waiver, you will usually need formal service through an authorized process server or law enforcement (you generally cannot serve the papers yourself).

Step 6 – Required Initial Disclosures (Rule 194.2) and agreed-divorce waiver language

Texas has Required Initial Disclosures under the Texas Rules of Civil Procedure (Rule 194.2). In many cases, these disclosures must be exchanged on a deadline even if nobody formally requests discovery.

Why this matters in an Agreed Divorce: Many agreed cases include specific mutual waiver language (often in the decree or a separate written agreement) so the parties can skip exchanging initial disclosures. Local practice varies, so confirm what your county and court expect before you finalize your decree.

Step 7 – Complete Texas’s mandatory 60-day waiting period

Texas has a 60-day mandatory waiting period measured from the date the Original Petition for Divorce is filed to the earliest date a judge can sign the Final Decree of Divorce in most cases. (There are limited exceptions in some family violence situations, but most people must wait the full 60 days.)

A simple way to think about it: Day 0 (file the petition) → wait 60 days → Day 61 is often the earliest possible prove-up in a smooth agreed case.

Step 8 – Finish the case at the Prove-Up Hearing (and file VS-165 with your final papers)

Many Texas courts complete an agreed case through a short Prove-Up Hearing. At a prove-up, the Petitioner appears (sometimes remotely, depending on the court), answers a few basic questions under oath, and asks the judge to sign the Final Decree of Divorce.

Do not forget: Submit the VS-165 (“Information on Suit Affecting the Family Relationship”) in the way your district clerk requires, often as part of your final packet with the decree.

If the judge approves the paperwork, they sign the decree, and your divorce becomes final when the decree is signed and entered. Afterward, request certified copies from the clerk for your records.

4. Special Issues When You Have Children

When minor children are involved, Texas courts have an extra responsibility. Even if everything is agreed, the judge must make sure the orders are in the best interests of the children.

In an agreed divorce with children, the court will usually expect clear terms about:

  • Conservatorship (who has legal decision making authority and whether it is joint or sole).
  • A parenting schedule (possession and access), including holidays and vacations.
  • Child support amount, payment method, and start date.
  • Medical support (health insurance) and uninsured medical expenses.

Texas child support guidelines are commonly followed. If your agreement differs significantly, you may need to explain why the arrangement is still appropriate for the children.

5. How Long Does an Agreed Divorce Take in Texas?

Here are realistic expectations for a typical Agreed Divorce in Texas:

  • Absolute minimum: about 60 days from the filing date (because of the mandatory waiting period).
  • Common real world range: about 2–4 months, depending on how quickly you complete the paperwork and how busy your court is.

Delays often come from waiver/service problems, missing signatures, decree formatting issues, missing VS-165 reporting paperwork, or court scheduling for the Prove-Up Hearing.

6. What Does an Agreed Divorce Cost?

The main costs in a Texas agreed divorce usually include:

  • Court filing fee paid to the District Clerk (varies by county, but often roughly $280–$350).
  • Service costs if your spouse will not sign a Waiver of Service Only and must be served formally.
  • Notary/copies and certified copy fees.
  • Optional help (limited scope legal advice, document review, mediation, or a structured DIY kit).

If you cannot afford filing fees, Texas allows you to request a waiver using a Statement of Inability to Afford Payment of Court Costs, which the judge can approve depending on your financial situation.

7. When a DIY Divorce Might Not Be Right for You

A DIY Agreed Divorce is not the best fit if there are safety risks or complex legal/financial issues. Consider legal advice if:

  • There has been domestic or family violence.
  • You don’t know the full financial picture (assets, debts, income).
  • There are complex assets (business, multiple properties, large retirement accounts).
  • Immigration, tax, or bankruptcy issues are involved.
  • You feel pressured to sign documents you don’t understand.

Even in an agreed case, a one time consultation can help you understand long term consequences before you sign a decree.

8. Where a Self-Help Divorce Kit Fits Into the Process

If your case truly fits the agreed pattern, a self-help kit can reduce stress by helping you stay organized and avoid common filing mistakes — especially around the Original Petition for Divorce, Waiver of Service Only timing, the Final Decree of Divorce, the VS-165 reporting form, and preparing for the Prove-Up Hearing.

Download Our Texas Agreed Divorce Self-Help Kit

9. Final Thoughts and Next Steps

A Texas Agreed Divorce is often the fastest and most affordable route when both spouses cooperate and sign all required paperwork. The biggest reality checks to remember are the 60-day mandatory waiting period, the waiver timing rule (do not sign too early), the VS-165 reporting requirement, and making sure you are not accidentally stuck on initial disclosures if your court expects a waiver clause.

Remember: PlainDivorce.com is not a law firm. This guide is information only. If you are unsure about your rights, worried about safety, or dealing with complex finances, contact a Texas family lawyer or legal aid organization for advice tailored to your situation.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.