Filing an Uncontested Divorce in Texas

When a married couple decides together that they want to terminate their marriage, they can initiate the uncontested divorce process. In other words, if both spouses can agree to fair divorce terms on their own, they may pursue an agreed or uncontested divorce.

The most crucial step in filing an uncontested divorce in Texas is reaching an agreement with your spouse about the terms of the final Divorce Decree.

Before you submit a final decree of divorce to the court, both you and your spouse should understand the terms to which you are agreeing. Adequately preparing for an uncontested divorce in Texas allows you to avoid the expenses associated with drawn-out litigation and improves both parties’ chances of leaving the marriage satisfied with the terms of their divorce.

For an uncontested divorce to be successful, the parties should discuss how to organize and value their assets and come up with a plan that accounts for the division of their shared assets. Our uncontested divorce forms will allow you to allocate these assets according to your wishes.

One of the ways parents must prepare for an uncontested divorce is by answering questions regarding child custody, including who will make the medical decisions, where children will spend most of their time, and how much child support either party will pay to the other to cover child-care costs.

Sometimes a couple will go their separate ways long before they divorce. One spouse may later decide to remarry or otherwise find that they need to end their marriage formally. However, the other spouse may ignore their requests, or the petitioning spouse may not even be able to locate the other party.

If your spouse fails to respond to your Petition for Divorce, Texas law allows you to use personal service or service by registered or certified mail with a receipt. In cases where the party is challenging to reach, the court can order several forms of substitute service, which might involve:

• Leaving the papers at a location that the Respondent frequents
• Service by posting (only when there are no children involved)
• Service by publication (which will apply even in cases with children)

While it might be complicated and time-consuming, it is possible to file an uncontested divorce in Texas even when the whereabouts of the other party are unknown. Our divorce forms should only be used if your spouse will sign the Divorce Decree.

A contested divorce can be costly. The time, stress, and money it takes to litigate all of a couple’s marital issues may discourage some spouses from following through on a divorce petition. Fortunately, estranged spouses in Texas who agree on the terms of their separation can file for an uncontested divorce online using our uncontested divorce forms.

By reaching agreements with your spouse, both of you can save time and money and focus on moving on with your lives. If you and your partner decided to go your separate ways, you should consider filing for an uncontested divorce in Texas.