State of Texas uncontested divorce forms: the complete guide

Last updated 2026-07-10

What forms do you actually need for an uncontested Texas divorce?

Three questions decide your form list. Do you have minor children? Do you own real property? Will your spouse sign a waiver, or do they need to be formally served? Answer those, and the pile of paperwork shrinks fast.

For a basic uncontested divorce with no children and no real estate, you need four documents:

1. Original Petition for Divorce (the document that opens your case) 2. Waiver of Service (your spouse's signed agreement to skip formal service) 3. Final Decree of Divorce (the court order that ends the marriage) 4. Proof of last known address (required by most counties)

If you have minor children, add:

5. Suit Affecting the Parent-Child Relationship (SAPCR) provisions inside the decree, or a standalone SAPCR order 6. Texas Standard Possession Order (or a custom possession schedule) 7. Child Support Order (embedded in the decree or separate) 8. Medical Support Order 9. Income Withholding Order (sent to the paying parent's employer)

If you have real property, add:

10. Deed of Trust to Secure Assumption or a Special Warranty Deed, depending on who keeps the house

Some counties want more. A Certificate of Last Known Address, a Civil Case Information Sheet, and a Standing Order all show up in places like Harris County and Travis County, where local standing orders attach automatically the moment you file. Check your county's district clerk website before you print anything ^[1].

Texas Law Help, run by the Texas Legal Services Center, hosts free court-approved form packets sorted by situation (no kids, kids, property). It's the best starting point for anyone doing this themselves in this state ^[2].

Where do you get official Texas divorce forms for free?

Three legitimate sources exist, and every one of them is free. Don't pay for blank forms.

Texas Law Help (texaslawhelp.org) is the one to use. The site is a project of the Texas Legal Services Center, funded in part by the Texas Access to Justice Foundation ^[12]. Its divorce packets get updated to match current statutes and local county rules. You answer an online interview, the site builds your forms, and you download a PDF packet ready to print. For most uncontested divorces, that's the whole job ^[2].

Your county district clerk's office sometimes hands out blank packets at the counter or posts them online. Harris, Dallas, Travis, and Bexar counties all have self-help resources. Quality is all over the map. Some packets are sharp; others haven't been touched in years. Cross-check against Texas Law Help every time.

The Texas State Law Library (tsl.texas.gov) keeps a divorce research guide linking to statutes, rules, and form resources ^[3]. Better for research than for grabbing ready-to-file forms, but it's authoritative.

Skip the random PDF sites charging $20 or $40 for forms you can get free from the sources above. Nothing they sell is proprietary. Put that money toward your filing fee instead.

If you want a packet pre-filled for your exact situation (children, property, support numbers already drafted in), DivorceClear sells a $149 document packet that runs you through an interview and outputs court-ready forms for your Texas county. Worth it if the free interview tools feel confusing or your case has any wrinkle.

What does the Original Petition for Divorce actually say?

The Original Petition for Divorce opens your case in district court. It tells the judge who you are, who your spouse is, where you've lived, why you want a divorce, and what you're asking the court to give you.

Residency comes first. Texas Family Code Section 6.301 requires that one spouse has lived in Texas for at least six continuous months and in the county where you file for at least 90 days ^[4]. The petition has to state both facts. Get this wrong and your case gets dismissed.

The grounds section is simple in an uncontested divorce. Texas allows no-fault divorce on the ground of "insupportability," meaning the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marriage with no reasonable expectation of reconciliation. That phrasing comes straight from Texas Family Code Section 6.001 ^[4]. Nearly every uncontested divorce uses it. You prove nothing.

The relief section lists what you want: division of property, custody and support if they apply, a name change if you want one. Be specific. If you want your former name back, say so in the petition and again in the decree.

Filing the petition starts the clock. Texas Family Code Section 6.702 bars any court from granting a divorce before the 60th day after the petition is filed ^[5]. That clock starts the day you file, not the day you serve your spouse.

How does the Waiver of Service work and when do you use it?

When both spouses cooperate, formal service is unnecessary. Your spouse can sign a Waiver of Service, which tells the court they know about the case and agree to skip the sheriff or process server.

Timing is where people trip. The waiver has to be signed after the petition is filed. Texas Rule of Civil Procedure 119 is blunt about it: a waiver signed before filing is invalid ^[6]. File first. Then have your spouse sign. Not the other way around.

The waiver needs notarization. Your spouse signs in front of a notary public, the notary stamps it, and you file the original with the district clerk.

Here's the part people misread. A signed waiver does not mean your spouse agrees to everything in the petition. It only means they gave up formal service. Your spouse can still show up at the hearing and fight the proposed property split or custody plan. In a true uncontested divorce you've both agreed on everything ahead of time, so this rarely matters. But "waiver of service" and "agreement to terms" are two different things.

If your spouse is hard to reach or won't sign anything, you'll need formal service through the county sheriff or a private process server (usually $75 to $150), and the case starts sliding toward contested. That's a different article.

Can a spouse file an "Answer" instead of a waiver? Yes. A written Answer filed with the court gets you to a similar place procedurally. The waiver is just cleaner when everyone's cooperating.

What goes into the Final Decree of Divorce?

The Final Decree of Divorce is the document that matters most in your whole case. The judge signs it, it becomes a court order, and it controls your legal rights from that day forward. Botch it and you may be back in court to fix it.

A complete Texas Final Decree of Divorce covers:

Identity and jurisdiction. Names of both spouses, date of marriage, date of separation (if it applies), and a recitation of the residency requirements.

Grounds. Usually insupportability.

Property division. Name and assign every significant asset and debt. Texas is a community property state, so property acquired during the marriage generally belongs to both spouses ^[7]. The decree has to say plainly who gets the house, who keeps each bank account, who takes which car, and who owes each debt. Vague language like "husband keeps his property" causes headaches later.

Retirement accounts. If either spouse has a 401(k), pension, or IRA built up during the marriage, dividing it takes a separate order. For private-sector plans, that's a Qualified Domestic Relations Order (QDRO). For Texas public employee plans (TRS, ERS, TMRS), it's a plan-specific qualified order. These are separate documents, often need a specialist to draft, and must be approved by the plan administrator.

Children. If you have minor children, the decree (or an attached SAPCR order) names the conservators, sets a possession schedule, establishes child support under the Texas guidelines, and sets medical support. More on that below.

Name change. If either spouse wants a former name restored, the decree has to state the exact name. You'll use a certified copy to update your Social Security card, driver's license, and passport.

Attorney's fees. In an uncontested pro se divorce, this section is usually marked N/A.

The decree has to track current Texas statutes, especially Texas Family Code Chapters 7 (property) and 154 (child support). Courts reject decrees written in outdated or nonstandard language, and they do it more often than you'd think ^[4].

What extra forms do you need if you have children?

Children add real complexity. Texas treats any order affecting a child as a Suit Affecting the Parent-Child Relationship (SAPCR), even when it lives inside a divorce decree.

The provisions that must appear in your decree or an attached order:

Conservatorship. Texas says "conservator," not "custody." Joint Managing Conservatorship (JMC) is the default and the usual result. JMC does not automatically mean 50/50 time. It means both parents share decision-making rights. One parent is usually the primary conservator with the right to set the child's primary residence.

Possession and access schedule. Texas Family Code Section 153.252 sets the Standard Possession Order (SPO): the non-primary parent gets alternating weekends, Thursday evenings during the school year, alternating holidays, and extended summer time ^[8]. Many parents take the SPO as written because courts pre-approve it and it heads off arguments. You can customize, but custom schedules need careful drafting.

Child support. Texas guidelines base support on the paying parent's net monthly resources. Texas Family Code Section 154.125 sets the percentages: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five, and not less than 40% for six or more ^[9]. "Net resources" has a specific statutory definition and is not the same thing as take-home pay. For 2024, the guidelines apply to the first $9,200 per month of net resources ^[9]. Our child support calculator can help you run the numbers before you draft the order.

Medical support. One or both parents must be ordered to carry health insurance. The decree has to say who provides coverage and how uninsured medical costs get split.

Income Withholding Order. Texas requires an IWO in nearly every case with child support. The order goes to the paying parent's employer and directs payroll to send support straight to the Texas Child Support State Disbursement Unit ^[11].

Every one of these has to follow current statutory language closely. Courts kick back orders that stray from required language without explanation.

What are the filing fees for an uncontested divorce in Texas?

Filing fees run roughly $250 to $375, and they vary by county and change periodically. The numbers below reflect 2024 data from the major Texas counties. Verify with your specific district clerk before you file, because clerks update these on their own schedule.

County	Approximate filing fee (no children)	Approximate filing fee (with children)
Harris (Houston)	$300 to $325	$325 to $375
Dallas	$280 to $310	$310 to $360
Tarrant (Fort Worth)	$265 to $295	$295 to $345
Bexar (San Antonio)	$250 to $280	$280 to $330
Travis (Austin)	$275 to $310	$310 to $360
Collin	$255 to $285	$285 to $335
El Paso	$250 to $275	$275 to $320

The spread inside each county comes from variable fees (sheriff service, a jury fee if you demand one, the SAPCR filing fee) that differ by clerk and circumstance. In an uncontested divorce where your spouse signs a waiver, you skip the service fee, which usually saves $75 to $125 ^[1].

Can't afford the fee? Texas lets you file an Affidavit of Inability to Pay Court Costs (a "pauper's affidavit") under Texas Rule of Civil Procedure 145. If you qualify, the court can waive or defer the fees ^[6].

Past the filing fee, the usual out-of-pocket costs are small. Notarization runs about $6 to $10 per signature at a UPS Store or bank. Certified copies of the decree run $1 to $5 per page depending on county. If you own a house, recording a deed costs $25 to $40 per document at the county clerk's office. The one that surprises people is a QDRO for a retirement account, which can run $500 to $1,500 if you hire a specialist to draft it.

How do you actually file the forms with the court?

File with the district clerk of the county where you or your spouse meets the 90-day residency requirement. Most Texas counties now take e-filing through the state's mandatory portal, eFileTexas.gov, for civil cases ^[10]. In-person filing still works in most counties too.

The basic sequence:

1. Complete your petition and any local required forms (civil case information sheet, standing order acknowledgment). 2. File the petition and pay the filing fee. The clerk stamps it with a cause number and returns a file-stamped copy to you. 3. Have your spouse sign the Waiver of Service after you have the file-stamped petition in hand. The waiver has to reference the cause number. 4. File the signed, notarized waiver with the clerk. 5. Wait 60 days from the filing date. Use that time to finalize your Final Decree of Divorce. 6. Request a hearing (Texas calls it a "prove-up") with the court. In many counties this is a short hearing, 5 to 10 minutes, where you answer a few questions under oath. Some counties handle uncontested divorces by submission, meaning a judge reviews the paperwork with no hearing at all. 7. Bring your signed decree to the hearing. The judge reviews it, asks questions, and signs it if satisfied. 8. File the signed decree with the clerk and get certified copies. Get at least two or three.

The timeline from filing to signed decree runs 61 to 90 days for a clean case, assuming no hiccups with the forms or scheduling. Some counties carry backlogs that push prove-up hearings out further.

For the wider view of what the divorce papers process looks like start to finish, that guide walks through the mechanics.

What happens at the prove-up hearing?

The prove-up hearing is low-key. In an uncontested divorce, you're usually the only person in the room besides the judge and maybe a clerk. Your spouse doesn't need to show up if they signed a waiver.

The judge asks you questions from the bench to put the facts on the record:

• Have you been a Texas resident for at least six months and a resident of this county for at least 90 days?
• Is the marriage insupportable because of discord or conflict?
• Have you and your spouse agreed to the terms in the proposed decree?
• Are the terms just and right?
• (If children) Is the custody and support arrangement in the best interest of the children?

Your answers are short. "Yes, Your Honor" covers most of it. The whole thing often runs under 10 minutes.

Bring your original proposed Final Decree of Divorce (unsigned, or signed by both spouses if your county requires pre-signing), your file-stamped petition, and your filed waiver of service. Some counties want an extra prove-up checklist. Ask the district clerk when you schedule the hearing.

If the judge spots a problem (wrong statutory language, a missing required provision), they tell you what to fix and you reschedule. This happens. It's annoying, but it's fixable.

How do Texas community property rules affect what you put in the decree?

Texas is one of nine community property states. That single fact drives how you write the property division section.

The basic rule: property either spouse acquires during the marriage is presumed community property and belongs to both ^[7]. Separate property (owned before marriage, or received as a gift or inheritance during marriage) belongs to the spouse who got it. The burden of proving something is separate falls on the spouse claiming it.

In an uncontested divorce you both agree on how to divide things. The court does not require a 50/50 split. Texas Family Code Section 7.001 asks only that the division be "just and right, having due regard for the rights of each party and any children of the marriage" ^[4]. Judges generally sign off on agreed divisions that aren't wildly lopsided.

The decree has to address each of these directly:

• Real property (homes, land). A deed must be prepared and recorded separately after the decree is signed.
• Vehicles. The decree assigns ownership; you then transfer the title through TxDMV.
• Bank accounts, investment accounts, retirement accounts.
• Business interests.
• Debts (credit cards, mortgages, car loans). Assigning a debt to one spouse in the decree does not release the other from liability to the creditor. If your name is on a joint credit card and the decree says your spouse pays it, the issuer can still come after you if your spouse defaults. The practical fix is to refinance or pay off joint debts before the divorce or as part of the settlement.
• Personal property (furniture, jewelry, collections). Most decrees use a catch-all provision awarding each spouse the items already in their possession.

If you're unsure how community property rules hit a specific asset, a one-time consultation with a divorce attorney is money well spent before you draft the decree.

Can you get a Texas divorce without a lawyer?

Yes, and thousands of Texans do it every year. Texas courts accommodate self-represented (pro se) litigants on purpose, and the state funds self-help resources because the demand is real.

Going solo carries real risk in specific situations, though. Hire a divorce lawyer when:

• You have significant retirement assets (pensions especially) that need a QDRO.
• You own a business.
• There's a big income gap between spouses and alimony (Texas calls it "spousal maintenance") may be on the table.
• You disagree about whether certain property is separate or community.
• Your spouse has hired a lawyer.
• There are domestic violence concerns.

For a genuinely uncontested divorce with plain finances, pro se filing is reasonable. The forms are free. The court clerks can't give legal advice, but they can tell you whether your paperwork is complete.

One honest hedge. Even when your situation looks simple, having an attorney review your Final Decree of Divorce before you file costs far less than going back to court to fix an error two years later. Many family law attorneys do a flat-fee review for $150 to $300. Think of it as insurance on the most important legal document you'll ever sign.

DivorceClear's $149 document packet sits in the middle for people who want a professionally assembled, Texas-specific form set without paying for full representation. You still file and appear on your own, but the paperwork is drafted to match current Texas statutes and your county's local rules.

What are common mistakes that get Texas divorce forms rejected?

Courts send back divorce paperwork more often than people expect. Here are the reasons it happens most, drawn from patterns in Texas self-help center guidance.

Wrong county. You must file where one spouse meets the 90-day residency requirement. File in the wrong county and your case gets dismissed.

Waiver signed before filing. A waiver signed before the petition is filed is void under Texas Rule of Civil Procedure 119 ^[6]. The judge won't accept it. This is the single most common DIY error.

Decree drafted in outdated statutory language. Texas Family Code provisions on child support, conservatorship, and medical support have been amended several times in the past decade. Forms from 2015 or 2018 may cite superseded code sections. Use current forms.

Missing required local forms. Harris County wants a Standing Order, a Civil Case Information Sheet, and specific cover sheets. Travis County has its own list. Skip these and your case gets kicked back at the clerk's window.

Vague property division language. "Wife gets the house" is not enough. You need the legal description of the property, the full address, and language that awards the property and orders the other spouse to execute any necessary deed.

Missing income withholding order. If you have children and child support is ordered, the IWO is mandatory in almost every case. Forget it and the court won't sign your decree as written.

Decree not signed by both parties. Many Texas courts want both spouses' signatures on the proposed decree before the judge signs. Check your county's local rules.

No cause number on the waiver. The Waiver of Service has to reference the specific cause number assigned when you filed the petition.

How long does an uncontested divorce take in Texas?

The floor is 61 days. Texas Family Code Section 6.702 sets a mandatory 60-day waiting period from the filing date ^[5]. The divorce can't be finalized before day 61, no matter how ready you are.

Most uncontested divorces in Texas run 2 to 6 months from filing to signed decree. The variables:

• County court backlog. Travis and Harris counties carry high case volumes. Getting a prove-up hearing scheduled can take 3 to 8 weeks after the 60-day wait.
• Form corrections. If the court rejects your decree at the hearing, you reschedule. Each correction cycle adds 2 to 6 weeks.
• Spouse cooperation. If getting the waiver signed and notarized drags, the whole timeline shifts.
• Retirement account orders. QDROs and their state equivalents often take months to draft, submit, and get approved by the plan administrator, even after the divorce itself is final.

The 60-day wait has one narrow exception. Texas Family Code Section 6.702(b) lets a court waive the period when there is family violence documented in the case ^[5]. That's the only exception written into the statute. Wanting to move faster doesn't count.

Frequently asked questions

Can I get Texas divorce forms online for free?

Yes. Texas Law Help (texaslawhelp.org), run by the Texas Legal Services Center, offers free court-approved divorce form packets built through an online interview. The Texas State Law Library also links to form resources. These are the same forms courts accept. Don't pay a third party for blank Texas divorce forms.

Do both spouses have to sign the divorce papers in Texas?

The non-filing spouse does not have to sign the petition. But in most Texas counties, both spouses need to sign the proposed Final Decree of Divorce before the judge approves it. The non-filing spouse also signs and notarizes a Waiver of Service to avoid formal service by a sheriff or process server. Check your county's local rules for exact requirements.

What is the 60-day waiting period for divorce in Texas?

Texas Family Code Section 6.702 bars any court from granting a divorce before the 60th day after the petition is filed. The clock starts on the filing date, not the day your spouse is served or signs a waiver. The only statutory exception is documented family violence. Most uncontested divorces finish within 61 to 90 days of filing.

How much does it cost to file for divorce in Texas without a lawyer?

Filing fees run roughly $250 to $375 depending on your county and whether children are involved. Add notarization ($6 to $10 per document), certified copies of the decree ($1 to $5 per page), and deed recording if you have real property ($25 to $40). If a retirement account needs dividing, a QDRO specialist may charge $500 to $1,500 separately.

Can I waive the 60-day waiting period in Texas?

Rarely. Texas Family Code Section 6.702(b) lets the court waive the waiting period only if there's a finding of family violence in the case. No other exception exists under current Texas law. Judges cannot waive it just because both spouses agree and want to move faster.

Do I need a lawyer to file for uncontested divorce in Texas?

No. Texas courts allow pro se (self-represented) filers, and free form resources exist for exactly this. For straightforward cases with no children and simple finances, DIY filing is realistic. If you have significant retirement assets, own a business, or want spousal maintenance, a one-time attorney review of your decree is worth the cost before you file.

What is a Waiver of Service in a Texas divorce?

A Waiver of Service is a notarized document your spouse signs to confirm they know the divorce case has been filed and agree to skip formal service by a sheriff or process server. It must be signed after the petition is filed (not before) and must reference the case's cause number. Signing a waiver does not mean your spouse agrees to your proposed terms.

How does child support work in a Texas uncontested divorce?

Texas child support follows statutory percentages of the paying parent's net monthly resources: 20% for one child, 25% for two, 30% for three, and up from there. For 2024, the guidelines apply to the first $9,200 per month in net resources. The amount goes in the Final Decree of Divorce, and an Income Withholding Order to the paying parent's employer is required in nearly every case.

What is the Standard Possession Order in Texas?

The Standard Possession Order (SPO), defined in Texas Family Code Section 153.252, is the default parenting schedule courts use. It gives the non-primary parent alternating weekends, Thursday evenings during the school year, alternating holidays, and extended summer time. Parents can agree to a different schedule, but it must be in writing and approved by the judge as being in the child's best interest.

What happens to the house in a Texas divorce?

Texas is a community property state, so a home bought during the marriage is presumed jointly owned. The decree must explicitly assign it to one spouse or order it sold. If one spouse keeps the house, a new deed (usually a Special Warranty Deed) must be drafted and recorded with the county clerk after the decree is signed. If there's a mortgage, the lender may require refinancing.

Do I need a QDRO in my Texas divorce?

If either spouse has a 401(k), pension, or employer retirement plan that gained value during the marriage, dividing it usually requires a Qualified Domestic Relations Order (QDRO) or a state-equivalent order for Texas public plans (TRS, ERS, TMRS). The divorce decree alone is not enough. QDROs are separate documents submitted to the plan administrator and often need a specialist to draft correctly.

Can I file for divorce in any Texas county?

No. You must file in a county where you or your spouse has lived for at least 90 consecutive days immediately before filing, and where you or your spouse has lived in Texas for at least six continuous months. Filing in the wrong county results in dismissal. Verify residency requirements before you pay the filing fee.

What if I can't afford the Texas divorce filing fee?

Texas Rule of Civil Procedure 145 lets you file an Affidavit of Inability to Pay Court Costs, commonly called a pauper's affidavit. If the court approves it, filing fees can be waived or deferred. The form is available from your county district clerk. You'll provide basic financial information showing your income, expenses, and assets.

How do I restore my former name in a Texas divorce?

Include a specific request for name restoration in both your Original Petition for Divorce and your Final Decree of Divorce. State the exact name you want restored. After the judge signs the decree, use a certified copy to update your Social Security card, Texas driver's license, passport, and financial accounts. No separate court order is needed if it's in the decree.

Sources

1. Texas Courts, District Clerk Self-Help Resources: County district clerk offices provide self-help resources and filing fee schedules; fees and required local forms vary by county.
2. Texas Law Help (Texas Legal Services Center), Divorce Forms and Packets: Texas Law Help provides free court-approved divorce form packets built through an online interview, organized by case type (no children, children, property).
3. Texas State Law Library, Divorce Research Guide: The Texas State Law Library maintains a research guide with links to divorce statutes, rules, and form resources.
4. Texas Family Code, Chapters 6 and 7 (Texas Legislature Online): Texas Family Code Section 6.301 establishes six-month state and 90-day county residency requirements, Section 6.001 sets the insupportability ground, and Section 7.001 requires property division to be 'just and right, having due regard for the rights of each party and any children of the marriage.'
5. Texas Family Code Section 6.702 (Texas Legislature Online): Texas Family Code Section 6.702 prohibits granting a divorce before the 60th day after filing; subsection (b) allows waiver only in documented family violence cases.
6. Texas Rules of Civil Procedure, Rules 119 and 145 (Texas Legislature Online): Rule 119 requires a Waiver of Service to be signed after the petition is filed; Rule 145 allows an Affidavit of Inability to Pay Court Costs for fee waivers.
7. Texas Family Code Section 3.003, Community Property Presumption (Texas Legislature Online): Property possessed by either spouse during or on dissolution of the marriage is presumed to be community property under Texas law.
8. Texas Family Code Section 153.252, Standard Possession Order (Texas Legislature Online): Texas Family Code Section 153.252 establishes the Standard Possession Order giving non-primary parents alternating weekends, Thursday evenings, alternating holidays, and extended summer time.
9. Texas Family Code Section 154.125, Child Support Guidelines (Texas Legislature Online): Texas child support percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more, applied to net monthly resources capped at $9,200 per month as of 2024.
10. eFileTexas.gov, Texas e-Filing Portal (Office of Court Administration): Texas requires mandatory electronic filing for civil cases in district courts through the state's official e-filing portal, eFileTexas.gov.
11. Texas Attorney General, Child Support Division: Income Withholding Orders are required in virtually every Texas child support case and direct the paying parent's employer to send payments to the Texas Child Support State Disbursement Unit.
12. Texas Access to Justice Foundation: The Texas Access to Justice Foundation funds civil legal aid resources including Texas Law Help's court-approved self-help divorce forms.