How to File Your Own Uncontested Divorce in Texas

Filing your own Texas uncontested divorce can save you money.

If you are a married couple in Texas and have decided the marriage is not working, you can file for divorce. If you both agree that you want to be divorced and have reached agreement on issues such as child custody, debt and asset division and who will keep the marital property, then you may be able to file an uncontested divorce without needing an attorney.

Instructions

1. Verify that you meet the Texas residency requirements. You or your spouse must have lived in Texas for at least six months prior to filing the petition. You must also have lived in the county where you are filing the petition for 90 days before the filing.

2. Prepare the petition for divorce and any other supporting documents such as a child support worksheet if applicable. Also prepare a waiver of service form. All the forms you need are on the Texas LawHelp website.

3. Get your spouse's signature on the waiver of service form. This form tells the court that your spouse has acknowledged receipt of a copy of the divorce paperwork and that he or she does not need to be served via certified mail or personal service. This step will save time and a small cost.

4. File the petition, supporting documents and the waiver form with the court after making several copies of each document.

5. Wait the required 60 days. In Texas, a divorce cannot be finalized until at least 60 days has passed since the filing even if the parties are in agreement.

6. Prepare your final decree. Make sure the decree addresses all the issues and how you have resolved them. Obtain your spouse's signature and bring the decree with you to the final hearing. The judge should sign the decree that finalizes your divorce.

Tips & Warnings

• Always consult with a licensed attorney before proceeding pro se if possible.

References

• Justia:Texas Family Code

Resources

• Texas LawHelp:Divorce Forms