Understanding Uncontested Divorce in Texas: A Simplified Guide

Divorce is never an easy decision, but when both parties agree on the major terms, the process can be far less stressful, faster, and more affordable. This is known as an uncontested divorce, and...

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"People don’t call me when life is easy. They call when they need answers they can trust—and that’s what I deliver."

– Daniel Clanton

Daniel Clanton

Family Law Attorney

Daniel Clanton has spent more than a decade helping individuals and families in Texas navigate some of the hardest moments of their lives. Focused entirely on family law, he brings sharp legal insight and down-to-earth communication to every case.

Daniel understands that legal issues aren’t just paperwork—they’re personal. That’s why he gives clients the clarity they need to make smart decisions and the advocacy they deserve to protect what matters most.

Credentials & Highlights:

  • Dedicated to efficient, resolution-focused representation
  • Proud Southlake-based solo practitioner
  • Licensed in Texas
  • Recognized by Super Lawyers and AVVO
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Divorce is never an easy decision, but when both parties agree on the major terms, the process can be far less stressful, faster, and more affordable. This is known as an uncontested divorce, and it’s one of the most efficient ways for couples in Texas to move forward with their lives.

 

At The Clanton Law Firm, we help individuals navigate uncontested divorce with clarity, compassion, and convenience—often with a flat-fee structure that removes the guesswork from legal fees. If you're considering divorce, here’s what you need to know about pursuing an uncontested divorce in Texas.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses:

  • Agree to the divorce

  • Agree on all key terms, including property division, child custody and support (if applicable), and spousal support

  • Do not require the court to resolve disputes

Because there are no contested issues, the process can move quickly and without the need for multiple court appearances.

Who Qualifies for an Uncontested Divorce in Texas?

To file for uncontested divorce in Texas, you must meet the following criteria:

  • Residency: One or both spouses must have lived in Texas for at least six months and in the county of filing for at least 90 days.

  • Agreement on Terms: Both parties must agree on all terms related to:

    • Division of property and debt

    • Child custody and visitation

    • Child support

    • Alimony (if applicable)

  • No Pending Bankruptcy: If either spouse is involved in a bankruptcy case, you may need to wait until it is resolved.

  • Willingness to Sign: Both spouses must be willing to sign all necessary paperwork, including the Final Decree of Divorce.

Benefits of an Uncontested Divorce

Choosing an uncontested divorce offers several advantages:

1. Cost-Effective

Uncontested divorces are typically less expensive than contested cases. At The Clanton Law Firm, we offer flat-fee packages that eliminate hourly billing surprises.

2. Faster Resolution

Without the delays of court battles, uncontested divorces can often be finalized in as little as 60 days—the mandatory waiting period in Texas after filing.

3. Less Stressful

With no legal battles or courtroom disputes, the process is more private, respectful, and less emotionally draining for both parties—and especially for children.

4. Greater Control

You and your spouse, not a judge, decide the terms of your divorce. This often leads to more practical, tailored solutions.

The Process of Filing for Uncontested Divorce in Texas

Here’s a basic overview of how the process works:

  1. Initial Consultation
    Speak with an attorney to determine if you qualify for an uncontested divorce and review your agreed-upon terms.

  2. Drafting the Petition
    One spouse (the petitioner) files the Original Petition for Divorce with the appropriate district court.

  3. Serving the Other Spouse
    The other spouse (the respondent) can either be formally served or sign a Waiver of Service, speeding up the process.

  4. Drafting and Signing the Final Decree
    Your attorney prepares the Final Decree of Divorce, outlining all terms. Both parties review and sign it.

  5. Final Hearing
    The petitioner attends a short hearing (sometimes virtual) to finalize the divorce before a judge.

  6. Entry of Final Decree
    The judge signs the decree, officially ending the marriage.

Common Misconceptions About Uncontested Divorce

“We don’t agree on everything—can we still do an uncontested divorce?”
You must agree on all major terms. However, an experienced attorney can help mediate and clarify points of disagreement to help you reach a resolution.

“Uncontested means I don’t need a lawyer, right?”
While it’s legally possible to file without representation, a lawyer ensures all documents are correct, deadlines are met, and your rights are protected—especially in cases involving children or property.

Why Choose The Clanton Law Firm?

We’ve helped countless Texans achieve a peaceful, swift divorce through our client-centered flat-fee services. We believe in simplifying the legal process so you can focus on what comes next—not navigating court filings or worrying about rising attorney fees.

Let’s Make Divorce Simpler.

If you and your spouse are ready to move forward respectfully and without courtroom conflict, we’re here to guide you every step of the way.