Reviewed August 2026
Uncontested Divorce Checklist in Texas
A Texas divorce is uncontested, or agreed, when both spouses agree on the ground. They also need a signed agreed final decree resolving property, debt, and any conservatorship and support terms. Texas has no separate summary or simplified divorce statute. An agreed case follows the same Family Code process as any other divorce. It uses the same 60-day minimum wait and the same county-set filing fee. The difference is that both spouses sign off on the decree instead of litigating it. Most agreeing couples use insupportability, Texas's no-fault ground. It requires no proof of specific wrongdoing, only that the marriage has become insupportable due to conflict with no reasonable expectation of reconciliation. Even in a fully agreed case, Texas generally still requires a brief court appearance to prove up the divorce. Some judges will accept a sworn affidavit instead, though.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Texas law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Texas paperwork. See how Virdix works for California divorces.
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What makes a Texas divorce uncontested
A case is agreed when both spouses consent to the ground for divorce, most often insupportability. They also need a signed agreed final decree covering property division, debt, and, for couples with children, conservatorship, possession, and child support. Texas has a two-tier residency rule. Either spouse must have been a Texas domiciliary for the six months before filing. They must also have been a resident of the specific county where the suit is filed for the 90 days before that. Both the statewide and county-level requirements have to be met before the case can be filed.
No separate summary track, just the standard process handled by agreement
Texas does not have a distinct statutory summary or simplified dissolution track with its own eligibility caps. TexasLawHelp's self-help kits provide ready-to-use paperwork for agreed cases without a real property dispute. That is a legal-aid resource, not a separate legal procedure, though. An agreed divorce still goes through the same Family Code process, including the same 60-day statutory wait, that any Texas divorce follows.
Document checklist
Texas has no state-issued numbered petition form. The case starts with an Original Petition for Divorce, drafted as an attorney-style pleading. TexasLawHelp.org, a legal-aid nonprofit rather than a state judiciary source, publishes fillable kit versions under its own internal numbering, such as FM-DivA-100. An agreed case adds a signed Agreed Final Decree of Divorce. If the judge accepts it, filers also submit an Affidavit for Prove-Up of Agreed Divorce, sworn before a notary. Filing fees are set by each county rather than by statute. Travis County's district clerk charges a $350 base fee as one example. Confirm the current amount with your own county's district clerk. Anyone who cannot afford it can file the Statement of Inability to Afford Payment of Court Costs, the one piece of this process the Texas Judicial Branch does publish as an official statewide form.
Is a hearing required
Generally yes, in the form of a short prove-up. Texas divorces, including agreed ones, typically require the petitioner to give brief sworn testimony confirming the grounds and the terms of the decree before a judge will sign it. Some judges will accept an Affidavit for Prove-Up of Agreed Divorce in place of live testimony. That lets the case finalize without a court appearance. This practice is not uniform statewide, though, and depends on the individual judge and county. Filers should contact the court coordinator in their specific county to find out whether an affidavit prove-up is accepted before assuming they can skip the hearing.
Sources: TexasLawHelp, I Need a Divorce, We Do Not Have Minor Children, Texas Judicial Branch
Not independently confirmed
- Which specific Texas counties currently accept an Affidavit for Prove-Up of Agreed Divorce in place of a live hearing; this project confirmed the practice exists but not a statewide or county-by-county list
- Full statutory text of Texas Family Code Sections 6.301 and 6.702 could not be rendered directly from the official statutes.capitol.texas.gov site due to its JavaScript-driven rendering; a secondary compiler mirror was used to cross-check instead
Uncontested Divorce Checklist in Texas: frequently asked questions
What qualifies a Texas divorce as uncontested?+
Both spouses agree on the ground for divorce, usually insupportability, and have signed an agreed final decree covering property, debt, and any conservatorship and support terms. Texas requires six months of statewide residency and 90 days of residency in the specific filing county before the case can be filed.
Does Texas have a simplified divorce process?+
No separate statute. An agreed Texas divorce follows the same Family Code process, including the same 60-day minimum wait, as any other divorce. TexasLawHelp's self-help kits provide ready-made paperwork for agreed cases, but they are a legal-aid resource, not a distinct statutory procedure.
Do we have to go to court for an agreed Texas divorce?+
Usually, for a brief prove-up hearing where the petitioner gives short sworn testimony confirming the grounds and decree terms. Some judges accept a sworn Affidavit for Prove-Up of Agreed Divorce instead, letting the case finalize without a court appearance, but this varies by county and judge.
How much does it cost to file for divorce in Texas?+
There is no statewide filing fee. Each of Texas's 254 county district clerks sets its own fee. Travis County charges a $350 base fee for an original petition as one example. Confirm the current amount and any case-specific add-ons with the district clerk in the county where you are filing.
How long does an uncontested Texas divorce take?+
At least 60 days from the date the petition is filed, since Texas law does not allow a court to grant the divorce before then. Two family-violence exceptions can waive this wait: a final conviction involving family violence against the petitioner, or an active protective order during the marriage.
What form do I use to file for divorce in Texas?+
Texas has no state-issued petition form. The case is started with an Original Petition for Divorce, drafted as an attorney-style pleading. TexasLawHelp.org, a legal-aid nonprofit, publishes fillable self-help versions under its own kit numbering, such as FM-DivA-100, since the state judiciary does not publish one.
This page is general information about uncontested divorce checklist in Texas, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Texas's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Texas. Virdix does not prepare or file Texas divorce paperwork. It is not a substitute for an attorney licensed in Texas.
More Texas divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Texas, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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