How to File an Uncontested Divorce in Texas with no Children or Real Property

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How to Navigate a Texas Uncontested Divorce Without a Lawyer

If you and your spouse have decided to end your marriage, have no minor children, don't own real estate together, and agree on how to divide your personal property, you are in a unique position: You probably do not need a lawyer, if you truly have an uncomplicated and uncontested legal matter.

An "uncontested divorce" is primarily an administrative process. Here is what the process actually looks like in Texas:

1. Filing the Petition: One spouse (the Petitioner) files an Original Petition for Divorce with the county district clerk and pays the filing fee.

2. The Waiver of Service: Because you agree, your spouse doesn't need to be formally "served" by a constable. They can simply sign a Waiver of Service in front of a notary.

3. The 60-Day Waiting Period: Texas law mandates a strict 60-day "cooling off" period. You cannot finalize your divorce until 60 days have passed since the Petition wahow-to-file-an-uncontested-divorce-in-texas-with-no-children-or-real-propertys filed.

4. The Final Decree: You draft a Final Decree of Divorce outlining your agreements. Once the 60 days pass, you present this to the judge to sign.

The hardest part isn't the law; it's ensuring your forms meet the strict requirements of the Texas Family Code and that you understand the process. Generic forms you download from random websites often get rejected by local clerks. It is also not the court's role to provide any legal assistance with your case.

With Stacked Legal, you get an immersive, step-by-step video guide explaining the court process, plus our proprietary software that automatically generates your Texas-specific divorce forms, to empower you to represent yourself.

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