How to File for an Uncontested Divorce Without an Attorney in Texas

By Lisa Magloff

In an uncontested divorce, both spouses agree about all the terms of the divorce, such as division of property, child custody and support payments. Filing an uncontested divorce in Texas tends to be easier and faster than a contested divorce, which usually requires a trial in front of a judge. Because no trial is required, an uncontested divorce can be accomplished without an attorney. In Texas, the procedure for filing an uncontested divorce, especially where no minor children are involved, is straightforward.

In an uncontested divorce, both spouses agree about all the terms of the divorce, such as division of property, child custody and support payments. Filing an uncontested divorce in Texas tends to be easier and faster than a contested divorce, which usually requires a trial in front of a judge. Because no trial is required, an uncontested divorce can be accomplished without an attorney. In Texas, the procedure for filing an uncontested divorce, especially where no minor children are involved, is straightforward.

Step 1

Ensure that you meet the Texas residency requirements. Either you or your spouse must continuously reside in Texas for the six months immediately prior to your filing for divorce.

Divorce is never easy, but we can help. Learn More

Step 2

Obtain a Petition of Divorce form from the county court clerk in the Texas county district court where you are a resident. Fill out the form. You are required to provide contact details for yourself and your spouse, information about your finances, debts and property, proposed settlement arrangements, and reasons for requesting a divorce.

Step 3

Sign the petition and take it to the clerk's office in the county district courthouse. You will need two copies of the form. Pay the filing fee. The clerk will assign your case a file number and stamp your petition as received.

Step 4

Deliver a copy of the petition to your spouse. This can be done by the county sheriffs office or by a private server. The clerk in the county district court can provide you with contact information for the sheriffs process server department and a list of private process servers. Alternately, you can obtain a Waiver of Citation form from the clerk. You can then mail this form, along with the petition, to your spouse. You spouse must sign the waiver to show the court that he is agreeing not to be served the petition by a representative of the court.

Step 5

File proof of service with the county clerk. This consists either of the signed waiver or a document provided by the sheriff or private process server. The clerk will set a date for your court hearing. This cannot take place until a 60 day “cooling off” period has passed.

Step 6

Use the 60 day waiting period to finalize the settlement agreement with your spouse. Prepare the final divorce decree. This document details all of the settlement arrangements, such as custody agreement, support payments and division of property. A copy of the final decree form can be obtained from the county clerk's office.

Step 7

Attend your divorce hearing with your spouse. The judge will review your paperwork and may ask you some questions to make sure you and your spouse agree on all aspects of the divorce. At the end of the hearing, the judge will sign your final decree.

Step 8

Take the signed final decree to the clerk of the court. The clerk will file the decree. Ask the clerk for two certified copies of the decree. There will be a fee for this service. The fee varies from county to county. Mail or give one certified copy of the decree to your spouse and keep the other for yourself.

Divorce is never easy, but we can help. Learn More
How to File a Divorce in the Dallas County Courts

References

Resources

Related articles

Texas Divorce Laws & Waiting Periods

When a couple decides to divorce, moving through the process as quickly and easily as possible is often the primary objective. However, some states impose mandatory waiting periods, and the length of time it takes to have a divorce finalized depends on whether you and your spouse can reach a settlement agreement. Understanding how waiting periods can affect your divorce will help you better prepare for the process in Texas.

Nebraska Simplified Divorce Procedures

When both parties agree on custody, visitation and property division, you can easily file for divorce using an online document preparation service. You may want to seek legal advice if you and your spouse own property or operate a business, either of you intends to seek alimony, or your divorce involves a dispute over property, visitation or custody of children.

What Happens to Pro Se Divorce If We Have No Children & No Contact in Oklahoma?

Divorce can be very complicated, but Oklahoma spouses with no children and little contact with each other can simplify the process if they agree on the terms of the divorce. Spouses may file for a pro se divorce, meaning they are representing themselves, even if one spouse does not wish to cooperate or his whereabouts are unknown.

Get Divorced Online

Related articles

How to File an Original Petition for Divorce in Texas

The filing of an Original Petition for Divorce is one of the first steps in the Texas legal divorce process. The ...

How to Legally Change a Name in Texas

The state of Texas allows you to change your legal name with a petition, which is then filed in the court of the county ...

How to File for Divorce by Myself in Texas

If you're planning to file for divorce in Texas without an attorney, you need to familiarize yourself with state ...

How to File for Divorce for Free in Florida

The state of Florida requires that divorces begin with a Petition for Dissolution of Marriage. This sets the legal ...

Browse by category