Texas · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Texas

What couples who agree need to know in Texas: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the fee waiver, e-filing, how your spouse can sign instead of being served and mediation.

The short answer

When both spouses agree, this is the route in Texas. Supreme Court of Texas-approved uncontested divorce forms: Divorce Set 1 (no minor children, no real property, no spousal maintenance, full agreement); separate sets cover cases with children.

Who can file (residency)
6 months (with exceptions)
Waiting period
60 days after filing
Filing fee
Check with your court
E-filing
Yes

Who can use the process for agreed cases in Texas

  • Supreme Court of Texas-approved uncontested divorce forms: Divorce Set 1 (no minor children, no real property, no spousal maintenance, full agreement); separate sets cover cases with children.
  • Your spouse can sign a Waiver of Service.

Before you file in Texas

Who can file (residency)
You or your spouse must have lived (been domiciled) in Texas for the 6 months before filing and in the county where you file for the 90 days before filing. If your spouse has lived in Texas 6 months, you can file in their county even if you live in another state.
Waiting period
The court can't grant the divorce until the 60th day after you file. No wait is required if your spouse was convicted of (or got deferred adjudication for) family violence against you or your household, or you have an active protective order or emergency magistrate's order because of family violence.
Law
Tex. Fam. Code 6.301, 6.302 · Tex. Fam. Code 6.702

Forms, fees and filing in Texas

Official forms
Divorce forms (Texas courts)
Court self-help
Divorce self-help (Texas courts)
If you can't afford the fee
Statement of Inability to Afford Payment of Court Costs (Supreme Court of Texas form, Tex. R. Civ. P. 145): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf
E-filing
Yes. Self-represented litigants can e-file through eFileTexas (efiletexas.gov).

If your spouse agrees to sign

Your spouse can sign a Waiver of Service (must be signed after the petition is filed).

If you agree on only some issues

Not required by statute statewide; many Texas courts order mediation before a contested trial by local rule or order. Texas law lets courts refer divorces to mediation (Tex. Fam. Code 6.602).

An uncontested divorce in Texas, step by step

  1. Check that you can file in Texas

    You or your spouse must have lived (been domiciled) in Texas for the 6 months before filing and in the county where you file for the 90 days before filing.

  2. See if you qualify for the simpler process

    Supreme Court of Texas-approved uncontested divorce forms: Divorce Set 1 (no minor children, no real property, no spousal maintenance, full agreement); separate sets cover cases with children.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Texas courts)

  4. File, and pay the fee or ask for a waiver

    Can't afford it? Statement of Inability to Afford Payment of Court Costs (Supreme Court of Texas form, Tex. R. Civ. P. 145): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf. Yes. Self-represented litigants can e-file through eFileTexas (efiletexas.gov).

  5. Have your spouse sign or be served

    Your spouse can sign a Waiver of Service (must be signed after the petition is filed).

  6. Wait out the waiting period

    The court can't grant the divorce until the 60th day after you file.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Texas

Is there a simplified divorce for agreed cases in Texas?

Supreme Court of Texas-approved uncontested divorce forms: Divorce Set 1 (no minor children, no real property, no spousal maintenance, full agreement); separate sets cover cases with children. Your spouse can sign a Waiver of Service.

How long does an uncontested divorce take in Texas?

The court can't grant the divorce until the 60th day after you file. No wait is required if your spouse was convicted of (or got deferred adjudication for) family violence against you or your household, or you have an active protective order or emergency magistrate's order because of family violence.

Who can file for an uncontested divorce in Texas?

You or your spouse must have lived (been domiciled) in Texas for the 6 months before filing and in the county where you file for the 90 days before filing. If your spouse has lived in Texas 6 months, you can file in their county even if you live in another state.

Does my spouse have to be served if we agree in Texas?

Your spouse can sign a Waiver of Service (must be signed after the petition is filed).

Can we file for divorce online in Texas?

Yes. Self-represented litigants can e-file through eFileTexas (efiletexas.gov).

Is mediation required in Texas?

Not required by statute statewide; many Texas courts order mediation before a contested trial by local rule or order. Texas law lets courts refer divorces to mediation (Tex. Fam. Code 6.602).

More about divorce in Texas

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.