Home Texas Uncontested Divorce Kit
2026 edition • Agreed Divorce RoadmapTexas Uncontested "Agreed" Divorce Kit
File the Original Petition, have your spouse sign the Waiver of Service, and prepare your Final Decree — without a lawyer.
- The real filing packet for no-children, no-real-property cases — explained line by line
- Waiver of Service and prove-up script included; the 60-day wait is a floor, not a finish line
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“User-friendly and straightforward. Exactly what I needed.”
Evelyn Q. · El Paso, Texas
Do You Qualify for an Agreed Divorce?
Texas has real residency and scope rules. Check below to see if you can file Pro Se (without a lawyer).
Use this kit if:
- Either you or your spouse has lived in Texas for 6 months and in that spouse's county for 90 days (military/government-service families have an alternate home-state rule).
- You agree on grounds of Insupportability (No-Fault) and on every term of the divorce.
- Your spouse is willing to sign a Waiver of Service (after you file, before a notary), or file an Answer.
- You have no minor children together and no real property to divide — the scope of the forms this kit is built around.
Talk to a lawyer if:
- You do not meet the 6-month / 90-day residency rule for either spouse.
- You have minor children together, own real property, or need to divide a retirement account (requires a separate Qualified Domestic Relations Order) or business interest.
- Your spouse refuses to sign the Waiver or file an Answer, or you cannot locate your spouse (requires Publication).
- There is domestic violence, coercion, or an active protective order between you and your spouse.
An unsigned waiver doesn't automatically make your case "contested" — your spouse can also respond by filing an Answer, or you may be able to proceed by default if they're served and don't respond.
What the 60-Day Waiting Period Actually Means
Family Code § 6.702 sets a floor on when the court can grant your divorce — it isn't a promised finish line. Here's exactly what it does and doesn't do.
Sets the earliest the judge can grant your divorce
"The court may not grant a divorce before the 60th day after the date the suit was filed." Two narrow exceptions exist for cases involving a family-violence conviction or an active protective order against the respondent.
What it doesn't do
It doesn't guarantee your divorce is finalized on day 61. Docket availability and whether your paperwork is complete both affect the real timeline — your court's prove-up format is covered in how it works, below.
We can't promise your specific timeline — no honest DIY product can. Our roadmap shows you how to file the correct, complete packet the first time, since missing documents are what actually cause delays.
Why Choose an Agreed Divorce Kit?
While the 60-day clock runs, most of the delay in an uncontested Texas divorce comes from incomplete paperwork, not the court. Our kit helps you prepare the full filing packet correctly the first time.
Save Thousands
You keep the difference between typical lawyer pricing and a one-time kit fee — see the breakdown alongside.
Avoid the Process Server — When It Applies
If your spouse is willing to sign a notarized Waiver of Service after you file, you can skip having a constable formally serve them. We show you the exact sequence and timing the statute requires.
Your Total Out-of-Pocket
*Texas sets no single statewide divorce filing fee — each county's District Clerk sets its own. 2026 examples found: Harris County $350 (no children), Dallas County $350, and other major counties around $350. A fee waiver may be available if you can't afford the cost. Confirm your county's current fee before filing. Attorney figure is an illustrative estimate, not a quote.
What's Inside the Kit
A plain-English guide to the real Texas no-children, no-real-property filing packet.
Agreed Divorce Roadmap
A detailed roadmap explaining how to file your Original Petition, sequence the Waiver of Service correctly, handle the 60-day floor, and prepare for your Final Decree.
Core Filing Packet
The documents a no-children, no-real-property case actually needs:
Prove-Up Guide
A sample Testimony Script so you know what to say at your final hearing — and what to ask your court, since some judges accept a sworn affidavit instead of live testimony.
What this kit does not include
- Cases with minor children together, shared real property, a business to value, or a retirement account to divide (a Qualified Domestic Relations Order is a separate, specialized document) — the Supreme Court-approved forms this kit is built around exclude these entirely
- Legal advice on a specific asset, custody, or support dispute, or representation in a contested proceeding
- A guarantee that your spouse will sign, that your court will waive a personal appearance, or that your case finalizes on any particular day
- Your county's court filing fee (commonly $250-$400+, set locally, paid to the District Clerk) or any process-server, certified-copy, or e-filing fees — all separate from our $129 price
- Coverage for domestic violence situations, a spouse who can't be located (requiring Publication), or contested custody/support/property disputes — those need a different approach and often an attorney
PlainDivorce is a private publisher, not affiliated with, endorsed by, or approved by the Texas courts. The Supreme Court-approved forms are voluntary, limited to cases without children or real property, and courts may not refuse them for that reason alone — but their use does not certify any vendor's kit or guarantee your documents are legally sufficient. Always confirm current forms, fees, and local requirements with your District Clerk before filing.
Built around the Texas Judicial Branch's Supreme Court-approved uncontested-divorce forms, filed in your county's District or County Court at Law.
How It Works
A roadmap to your Decree — not a promised timeline, since the 60-day floor and your county's own scheduling both affect how long it takes.
File Your Petition
Fill out and file the Original Petition for Divorce and Civil Case Information Sheet with your District Clerk, and pay (or request a waiver of) the county filing fee.
Waiver & Wait
At least one day after filing, have your spouse sign the notarized Waiver of Service (or file an Answer). File the waiver. Wait out the mandatory 60-day floor.
Prepare the Decree
Both spouses agree on and sign the Final Decree of Divorce, and confirm with your court how it wants an uncontested case set for hearing.
Prove Up & Finalize
Attend your court's prove-up process (in person or by sworn affidavit, depending on your court) and get the judge's signature on your Decree.
Simple Pricing vs. Lawyer Fees
| Feature | PlainDivorce Kit | Typical Lawyer |
|---|---|---|
| Total Cost | $129 | $2,500+ |
| Process Control | You set the pace (DIY) | Lawyer's schedule |
| Includes Forms? | Yes (Petition, Waiver, Decree & more) | Yes |
Secure One-Time Payment · No Subscriptions
If Your Case Isn't Eligible, You Get Your Money Back
If you buy the kit and then discover you have minor children together, own real property or a retirement account, your spouse won't sign, there's a domestic-violence situation, or another circumstance this kit isn't built for, email us within 30 days and we will refund you in full. We would rather lose the sale than have you file something that doesn't fit your situation.
Refunds are handled by our support team. See our Terms of Use for full details.
What Our Clients Say
Real stories from people who used PlainDivorce to complete their own filing.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
Frequently Asked Questions
What is an Agreed Divorce?
This is the Texas term for an uncontested divorce: both spouses agree on all terms (property, debt, and any children) and are willing to sign the Final Decree of Divorce together. Agreement alone doesn't finalize anything — a filed petition, a valid service or waiver, and a judge's signature on the Decree are still required.
How long do I have to wait?
Family Code § 6.702 says the court may not grant your divorce before the 60th day after you file. That's the earliest the court can act — not a promised finish date. Two narrow exceptions can shorten this: a family-violence conviction against the respondent, or an active protective order against them.
What is a Waiver of Service?
It's a form the respondent (not the filing spouse) signs and files, acknowledging receipt of a copy of the filed petition, stating their mailing address, and sworn before a notary who isn't an attorney in the case. It can only be signed at least one day after filing, and lets you skip having a constable formally serve your spouse.
What if my spouse won't sign the waiver?
They can still respond by filing an Answer instead, which also avoids a contested label. If they're formally served and simply don't respond, you may be able to proceed by default. Only an actual disagreement over terms makes a case contested.
What does it cost to file?
Texas sets no single statewide divorce filing fee — each county's District Clerk sets its own. 2026 examples found for major counties run roughly $250 to $400 or more; a fee waiver may be available if you can't afford it. Confirm your county's current fee with the Clerk before filing.
Do I have to go to court?
Usually, at least the filing spouse must complete a "prove-up" — testifying that the marriage is insupportable. Some courts accept a sworn affidavit instead of live testimony; ask your assigned court how it handles uncontested matters. Our kit includes a sample script either way.
Is this an official, court-approved kit?
The Texas Judicial Branch's Supreme Court-approved divorce forms are for uncontested cases without children or real property. Courts can't refuse them just because you're self-represented, but using them is voluntary and doesn't certify any vendor's kit or guarantee your documents are legally sufficient. Our kit is a private, independently written guide to completing those forms; it is not issued or endorsed by the Texas courts.
What if it turns out my case isn't right for this kit?
Email support within 30 days and we will refund you in full. See our Terms of Use for details. We are not a law firm, cannot give legal advice, and cannot appear or file on your behalf — you file with the court yourself.
Important Legal Disclaimer
PlainDivorce is not a law firm and is not affiliated with, endorsed by, or approved by the Texas courts. We do not provide legal advice, do not represent you in court, and no attorney-client relationship is created by using this site or the kit. The Texas Uncontested Divorce Kit is a self-help information product explaining the Texas Judicial Branch's own Supreme Court-approved divorce forms and applicable Family Code statutes; it is not a certification that any document or process is court-approved for your specific case.
We do not guarantee that your spouse will sign a waiver, that your court will waive an in-person appearance, that a judge will enter your Final Decree as submitted, or that your case will finalize within any particular timeframe. Court filing fees are set by each county's District Clerk (commonly $250-$400 or more as of 2026) and are separate from, and not included in, our $129 price; you are responsible for verifying current requirements and fees with your county Clerk before filing. This kit does not cover cases involving minor children, shared real property, retirement account division, or business interests.
If you are experiencing domestic violence, coercion, or feel unsafe, do not rely on a self-help filing in place of legal advice or protective measures. Contact a family law attorney or the National Domestic Violence Hotline at 1-800-799-7233.
Content last reviewed: September 2026.