Texas Legal Glossary · Family Law

Uncontested Divorce

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: An uncontested divorce is a Texas divorce in which both spouses agree on every term, including property, debts, and any orders for the children, so the case ends with an agreed decree after the 60-day waiting period instead of a trial.

Also called: agreed divorce, amicable divorce

What an uncontested divorce means in Texas

An uncontested divorce is one where the spouses agree on everything the court must decide: the ground for divorce, the division of community property and debt, and, if there are children, conservatorship, possession, and child support. The Family Code does not use the phrase; it is a practical label for a case where nobody is fighting.

Nearly every uncontested divorce is filed on the no-fault ground of insupportability under § 6.001. Agreement does not shorten the clock. Under § 6.702 the court cannot grant the divorce before the 60th day after the petition is filed, so the fastest uncontested case still takes about two months.

How it works in practice

One spouse files an original petition in the county where either spouse has lived for the last 90 days. The other spouse usually signs a waiver of service or files a simple answer, which avoids a process server. The couple then puts every term into a final decree of divorce, and both sign it. If there are children, the decree includes a parenting plan and a child support order that generally follows the guideline percentages.

After day 60, the petitioner proves up the case in a short hearing that confirms residency, the ground, and that the division is just and right. Travis County often allows prove-up by sworn affidavit in agreed cases, so neither spouse has to appear. The judge signs the decree, and the marriage ends that day.

Why it matters in your case

An uncontested divorce costs a fraction of a contested divorce and leaves both spouses in control of the terms. The risk runs the other way. A decree is a judgment, and a bad property split or a vague possession schedule is very hard to undo once signed. One lawyer cannot represent both spouses, so one of them often has nobody reviewing the paperwork. We review agreed decrees for exactly that reason.

Example

Priya and Tom own a house in Round Rock and have no children. They agree Tom keeps the house and refinances within 90 days, and Priya keeps her retirement account. Priya files in Williamson County on March 1, Tom signs a waiver, and the judge signs the agreed decree on May 5.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.