Posted by Mary E. Ramos | Uncontested Divorce
In an uncontested divorce, you and your spouse have to agree on everything. That type of agreement might be easy when you are discussing shares of a bank account or who gets the sedan, but what happens when you are getting an uncontested divorce with kids? The process can still be simpler and quicker than a typical divorce, especially if you are prepared for the steps involved.
This guide gives you general information about how to get an uncontested divorce with children in Texas. And when you are ready to get into the specifics of your uncontested divorce, we can lead the way. The Ramos Law Group, PLLC, has decades of experience and remains focused on family law matters. While other law firms and lawyers expand their services by taking almost any case that comes through their doors—we focus exclusively on family law matters. Mary E. Ramos, the founder of our firm, specializes in family law and has dedicated her career to helping people through some of the most difficult and challenging periods of their lives. She is Board Certified in Family Law by the Texas Board of Legal Specialization. This is a venerated distinction that only 1% of family law attorneys in Texas have, and it demonstrates her commitment to cultivating as much expertise in her field as possible. Mary E. Ramos has undergone extensive training and testing to ensure she is exceptionally qualified to give you the strongest legal protections possible. When you have a legal question about your family, we are the advocates who can answer.
Step 1: Make Sure You and Your Spouse Can Agree on Everything
Before you begin the uncontested divorce process, you should confirm that you and your spouse agree on every element your divorce decree will cover. Your agreement will likely need to include full details about the following:
- Child custody,
- Child support,
- The division of marital assets,
- The division of marital debts, and
- Spousal maintenance.
Some of these issues can be easier than others to agree on. Many couples know how they want to handle child custody and asset division, and child support is largely statutory. However, spousal maintenance can be tricky.
While the court does not have to award spousal maintenance to anyone, you and your spouse should discuss if either of you needs maintenance payments. If one spouse wants maintenance in an uncontested divorce, you must agree as to the amount of the payments and how long they will last.
Absent an agreement, there are several factors that a court must consider when deciding whether spousal support should be ordered. The court will look at the requesting spouse’s need for support, the paying spouse’s ability to pay, the duration of the marriage, whether either spouse is disabled or caring for a disabled child, and more. There are also limitations on the duration of such payments, ranging from a maximum of five to 10 years.
Your attorney can advise you on the parameters for spousal support and any other divorce issue you might be struggling to agree upon. They can guide you towards an advantageous compromise so you and your spouse can reach a fair agreement and bypass the court process.
Step 2: Verify You Meet Residency Requirements
Before filing for an uncontested divorce, you must ensure that you or your spouse meets the state’s residency requirements. One of you must have lived in Texas for at least six months prior to filing for divorce and in the county where you plan to file for at least 90 days.
These residency rules apply even when pursuing a divorce with children. If you recently moved, you may need to wait before filing your petition, as the court cannot finalize the divorce unless you meet these residency requirements. If one spouse has moved out of state but the other remains in Texas, filing may still be possible, depending on the circumstances.
Verifying residency early helps avoid unnecessary delays. Therefore, if you are unsure about your eligibility, check with your lawyer before proceeding to prevent complications in the divorce process.
Step 3: Prepare Your Divorce Petition and File It
You must complete the Original Petition for Divorce to initiate an uncontested divorce in Texas. This document formally requests the dissolution of your marriage and sets out the terms of your divorce. Ensuring accuracy in this petition is essential, as it outlines key details of your case and the relief you seek.
The petition should include the following:
- Details about your marriage, including the date of marriage and, if applicable, the date of separation;
- Information about your children, listing their full names, ages, and any relevant custody considerations;
- The court’s jurisdiction over your case, confirming that either you or your spouse meets the Texas residency requirements;
- A declaration of separate property and debts, specifying any assets or liabilities owned individually before the marriage or acquired by gift or inheritance;
- A statement regarding marital property and debts, detailing assets and liabilities accumulated during the marriage that require division;
- Requests related to child support, outlining financial support obligations, including health insurance provisions;
- Spousal maintenance requests, indicating whether financial support from a spouse is sought after the divorce; and
- Child custody and parenting time preferences, describing the proposed custody arrangement and visitation schedule.
These details ensure that all necessary aspects of your divorce are addressed from the start, helping to streamline the process and minimize potential disputes.
Filing Fee
The cost to file a divorce petition in Texas varies by county. While the average filing fee is around $350 to $400, some counties may charge more. It is best to check with the district clerk’s office in the county where you intend to file. This fee covers processing your petition but does not include additional costs, such as serving the other party with divorce papers.
Waiver of Filing Fee
If you cannot afford the filing fee, you may submit a Statement of Inability to Afford Payment of Court Costs. This affidavit formally requests that the court waive your filing fee due to financial hardship. The judge will review the application and determine if you qualify for relief.
Filing the petition correctly is the first significant step in the process of getting a divorce with kids. Ensuring the document is accurate and complete helps avoid unnecessary delays.
Step 4: Notify the Attorney General If Your Children Have Received Certain Public Assistance
Divorcing parents whose children have received Medicaid or TANF must send a file-stamped copy of their divorce petition to the Office of the Attorney General (Attorney General). You can send your petition to the Attorney General in one of two ways:
- By certified mail with return receipt requested, or
- By email.
Once you have delivered your divorce papers to the Attorney General (if applicable), you can move on to delivering your divorce papers to your spouse.
Step 5 : Serve Your Spouse
Typically, you must notify your spouse about the divorce by personally serving them with the petition. Personal service can be done by:
- A sheriff,
- A constable, or
- A private process server.
When you file for an uncontested divorce with kids in Texas, you can do away with the personal service obligation by having your spouse sign a Waiver of Service.
Step 6: Wait for 60 Days
Texas law requires a 60-day waiting period before a divorce can be finalized. The court may waive this period if there was violence in the marriage.
During this waiting period, you and your spouse can use the time to review your agreements, finalize parenting plans, and ensure all necessary documents are in order. While the judge cannot finalize your divorce before the 60 days pass, having everything prepared can help avoid unnecessary or unexpected delays. If both parties agree, the final divorce decree can often be entered soon after the waiting period expires. This mandatory timeframe applies to all cases, including a divorce with kids in Texas. The intention is to ensure adequate time for reflection on the step you are about to take, as well as time to settle necessary custody and support matters.
Step 7: Attend a Short Hearing
After completing all necessary documents and fulfilling the waiting period, you must schedule a final hearing with the court.
You must bring a completed Affidavit for Prove-Up of Agreed Divorce with Children that you signed in front of a notary and an Income Withholding Order for Support (regarding child support). If you had to notify the Attorney General about your divorce, you may need to contact a lawyer to determine your next steps.
If you have completed all the prior steps applicable to you, you can attend a hearing and must bring the following with you:
- Your spouse’s Waiver of Service;
- Your spouse’s completed and signed Waiver of Personal Appearance and Consent to Uncontested Trial by Affidavit form;
- Your completed and signed final decree (with required attachments);
- The Income Withholding Order for Support;
- Your completed, signed, and notarized Affidavit for Prove-up of Agreed Divorce with Children; and
- An Information on Suit Affecting Family Relationship form.
If the judge approves, they will finalize your divorce by signing your decree. You must send a file-stamped copy of the judge-signed decree to your spouse.
Step 8: Obtain the Final Divorce Decree
After reviewing your paperwork, the judge will issue a Final Decree of Divorce. This document legally finalizes your uncontested divorce with kids, outlining custody arrangements, child support, and property division. Both parties must follow the terms set forth in the decree, and any subsequent modifications will require court approval.
Step 9: Fulfill Post-Divorce Obligations
After the judge finalizes your divorce, both you and your ex-spouse must fulfill all the terms in the decree—including making child support payments, adhering to custody schedules, and completing asset transfers. Updating records like insurance policies and estate plans can also help prevent future complications.
Call Us First
Before you file for an uncontested divorce in Texas with a child, your best move is to call a skilled and knowledgeable divorce attorney from Ramos Law Group. We are an award-winning team, and we’d like nothing more than to put our sharp skills to work for you.
Contact us today by phone or by visiting our website.
Last Updated on April 4, 2025 by Mary E. Ramos
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