Texas no-contest divorce forms: what to file and how

Last updated 2026-07-09

What is a no-contest divorce in Texas, and do you qualify?

Texas statutes call it an "uncontested divorce." Most people searching for the paperwork type "no-contest divorce." Same thing. Both spouses agree on every issue, nobody is fighting the judge, and the court just approves what you already decided.^[1]

Qualifying comes down to three gates. Residency first: at least one spouse must have lived in Texas for six months before filing, and in the county where you file for 90 days.^[2] Grounds second: Texas allows "insupportability" as a no-fault ground, which is basically "we don't get along and the marriage is broken." You prove nothing beyond that. Agreement third: both of you agree on property, debt, and, if you have kids, on conservatorship (custody), visitation, and child support.

If any one of those three is contested, these forms don't fit your case, and you should talk to a divorce attorney before you file anything.

One thing people miss until it stings: Texas has a mandatory 60-day waiting period after the petition is filed before a judge can sign your final decree.^[3] There's no way around it. Zero disagreements, a judge ready that same afternoon, doesn't matter. You wait.

What forms do you need for a Texas uncontested divorce?

Your packet depends on two facts: whether you have children, and whether you own real property together. Here's how it breaks down.

If you have no children and no real property:

Form	Purpose
Original Petition for Divorce (No Children)	Opens the case with the court
Waiver of Service	Respondent waives being formally served
Final Decree of Divorce (No Children, No Real Property)	Court order that ends the marriage
Civil Case Information Sheet	Required by the district clerk to categorize the case

If you have minor children:

Form	Purpose
Original Petition for Divorce (With Children)	Opens the case
Waiver of Service	Same as above
Suit Affecting Parent-Child Relationship (SAPCR) attachments	Sets conservatorship and visitation
Child Support Worksheets	Documents the support calculation
Final Decree of Divorce (With Children)	Includes parenting plan, child support, conservatorship
Standard Possession Order (SPO)	Texas default visitation schedule, attached to the decree
Civil Case Information Sheet	Required

If you own real estate:

Add a Special Warranty Deed or Deed of Trust for any property transfer, drafted separately and recorded with the county clerk after the divorce is final. The decree alone does not transfer title. You need that follow-up deed, and people forget it constantly.

Every one of these forms is free from Texas Law Help (texaslawhelp.org), the legal aid resource backed by the State Bar of Texas.^[4] The Texas Courts self-help page at txcourts.gov links to approved packets too. Don't buy blank forms from a generic legal-forms site that has no idea whether a form got updated for recent Texas Family Code changes. You'll pay for a document a judge might reject.

If you've also been eyeing florida no contest divorce forms, Florida runs a similar packet-based system through its court self-help centers, but the specific forms and local rules differ a lot from Texas. Pull from the right state.

Where do you actually get these forms in Texas?

Three places, in order of reliability.

Texas Law Help (texaslawhelp.org). This is the one I'd use. It's a project of the Texas Legal Services Center, funded in part by the State Bar of Texas. The divorce packets are sorted by whether you have children, whether property is involved, and which county you're in. They revise the forms when the Family Code changes.^[4]

Your county district clerk's office. Many counties, including Harris, Dallas, Tarrant, and Travis, run their own self-help centers that hand out locally approved packets. Travis County's self-help center at the family law courthouse on Guadalupe Street is genuinely useful if you can show up in person. Clerks can't give legal advice, but they will tell you whether you have the right version of a form.

Texas Courts (txcourts.gov). The Office of Court Administration posts forms here too. Navigation is clunkier than Texas Law Help, but the forms are legitimate.^[5]

Watch for local rules. Some counties want extra cover sheets or specific formatting. Harris County, for one, has particular rules about how exhibits get labeled. Pull forms from your specific county's page rather than a generic statewide packet, and call your district clerk to confirm nothing changed locally before you print and sign.

How do you fill out the Original Petition for Divorce?

The petition opens your divorce case. Once it's filed and a case number is assigned, the 60-day clock starts.^[3]

Here's what goes in it, field by field.

Caption and case information. Your full legal name as Petitioner, your spouse's full legal name as Respondent. Leave the cause number blank. The clerk assigns it when you file.

Residency allegations. State that Petitioner has been a domiciliary of Texas for six months and a resident of your county for 90 days immediately before the filing date. If your spouse meets residency instead of you, use their information here.^[2]

Grounds. For a no-fault uncontested divorce, you state: "the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." That language comes straight from Texas Family Code Section 6.001.^[6] Copy it verbatim.

Children. If you have minor children of the marriage, list them by name, date of birth, and current address. No children? Say so.

Property. You don't itemize everything here. You ask the court to divide the community property "in a manner the court deems just and right," or you reference your property settlement agreement if you already have one.

Relief requested. Check every box that applies: dissolution of marriage, property division, name change if you want one, and anything involving the children.

Sign it, notarize it if your county requires that, and file it with the district clerk. Filing triggers the case. Your spouse does not sign the petition. They respond either by being served or by signing a Waiver of Service.

What is the Waiver of Service and does your spouse have to sign it?

In a standard divorce, the Respondent (your spouse) must be formally served with the petition by a process server or constable. That costs money and eats time. In an uncontested divorce where both spouses cooperate, the Respondent signs a Waiver of Service instead, telling the court they know about the case and don't need formal service.^[1]

The waiver has to meet the requirements under Texas Rule of Civil Procedure 119a. It must:

• Be signed after the petition is filed (not before, or it's void)
• Be notarized
• Not waive the right to receive a copy of the final decree before the judge signs it
• Not be signed on the same day as the petition, in most counties

That last point trips people up. File the petition first, get your case number, then have your spouse sign the waiver. Some judges want at least a day between filing and the waiver signature. Call your district clerk to confirm local practice.

If your spouse won't sign, you're not stuck. You have them formally served, which usually costs $75 to $150 for a constable or process server and adds time. After service, they get 20 days plus the next Monday to file an answer. If they still don't respond, you proceed by default. The 60-day minimum still applies either way.

How do you write the Final Decree of Divorce in Texas?

The Final Decree is the document that matters most. It's the court order that ends your marriage and governs everything after: who gets the house, who pays which debts, how child support flows, what the visitation schedule looks like. The judge signs it. Both spouses should read it line by line before signing.

For a no-children, no-real-property case, the decree is short. For a case with kids and a house, it can run 20 to 40 pages.

Core sections every Texas decree needs:

Findings of fact. Residency established, grounds proven, waiting period met.

Property division. Texas is a community property state, so everything acquired during the marriage is presumed jointly owned.^[7] The decree has to assign each asset and debt to one spouse. Vague language like "wife gets her stuff and husband gets his" gets the decree bounced. Be specific: accounts by bank name and last four digits, vehicles by year, make, and VIN, real property by legal description.

Name change. If either spouse wants a former name back, include it in the decree. This is the cheapest, easiest time to do it. You'll need the decree to update your Social Security card, driver's license, and passport.

Child-related orders (if applicable). The decree needs a conservatorship designation (joint managing conservatorship is the Texas default), the right to determine the child's primary residence, child support in a specific dollar amount, and a possession schedule. Child support has to follow the Family Code guidelines unless both parties agree in writing to deviate and the judge signs off.^[8]

Both spouses sign the decree before the hearing, but it takes effect only when the judge signs. The judge's signature date is your divorce date.

What does it cost to file for divorce in Texas?

Each county sets its own filing fee, but the ranges are steady enough to budget around. Plan on $300 to $350 in the major metro counties.

County	Approximate filing fee
Harris (Houston)	$315, $350
Dallas	$300, $330
Tarrant (Fort Worth)	$305, $340
Travis (Austin)	$315, $350
Bexar (San Antonio)	$300, $330

These numbers come from each county's district clerk fee schedule and were accurate as of mid-2025. Fees drift, so call your clerk before you show up with a check.^[9]

Beyond the filing fee, budget for these:

• Process server or constable (if your spouse won't sign a waiver): $75 to $150
• Certified copies of the decree, roughly $1 to $2 per page plus a certification fee of about $5 to $10 per document. Get at least three certified copies when you pick up.
• Deed recording (if you're transferring real property): $25 to $40 at the county clerk's office
• Name change updates: free at the Social Security Administration, about $33 at Texas DPS for a new driver's license^[10]

Can't afford the filing fee? Texas lets you file a Statement of Inability to Afford Payment of Court Costs to waive them. Your household income generally needs to be at or below 125% of the federal poverty level to qualify.^[11]

Here's the number most people want. A DIY Texas uncontested divorce with no process server, no attorney, and a cooperative spouse typically runs $350 to $450 all in, once you count filing, certified copies, and the odd notary fee.

What happens at the final hearing, and do both spouses have to show up?

In most Texas counties, only the Petitioner (the spouse who filed) has to appear at the final hearing for an uncontested divorce. The Respondent signed a waiver, so they don't need to be there.

The hearing is short. Genuinely short. In a no-children case with all paperwork in order, it can wrap in under five minutes. The judge asks a few questions to make the record:

• Confirm your name and that you filed the petition
• Confirm your residency (six months in Texas, 90 days in this county)
• Confirm the marriage is insupportable
• Confirm you've reached an agreement on property
• Confirm the 60-day waiting period has passed

You answer "yes" to most of these. The judge signs the decree. You're divorced.

Cases with children run a bit longer, because the judge has to find that the arrangements are in the best interest of the child. Have your child support worksheet and possession order ready to hand to the clerk.

Some counties let you finish by submission, no hearing at all, meaning the judge signs in chambers after reviewing the paperwork. Ask your district clerk whether your county allows it.

Scheduling the hearing is on you. Many counties run a "prove-up" docket just for uncontested divorces. Call the family law court coordinator in your county to get on that docket. Wait times swing wide: some courts see you the week after the 60-day period ends, others sit a month or more out.

What if you have children? Extra forms and requirements

Texas treats children of divorcing parents as needing more procedural protection, so there are extra steps.

Parenting class. Many Texas counties require both parents to finish a parent education course before the decree is signed. Harris County requires it. Travis County requires it. The course usually runs about 4 hours and costs $25 to $75. Check your county's local rules. The requirement isn't statewide by statute, but it's common by local order.^[3]

Child support registry. Texas child support gets paid through the Texas Child Support Disbursement Unit unless the judge orders otherwise. Your decree should include the registry's payment instructions, and the paying parent's employer receives an income withholding order automatically.

Child support amount. The Texas Family Code sets percentage-of-net-income guidelines: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more.^[8] Net income has a cap. As of 2024, the cap on net resources for guideline purposes is $9,200 per month.^[8] If the paying parent earns more than that, support above the cap needs a separate finding of additional need. Our child support calculator helps you run those numbers before you draft the decree.

Standard Possession Order. Texas Family Code Section 153.3101 lays out a default visitation schedule called the Standard Possession Order.^[12] It spells out which weekends, holidays, and summer weeks each parent gets. You can attach the SPO by reference in your decree instead of copying it word for word, which is what most form packets do. Want a custom schedule that differs from the SPO? The judge has to find it's in the child's best interest.

Medical support. One parent has to be named to carry health insurance for the children. The decree names who carries it and what happens if coverage lapses.

Missing a child-related provision is the number one reason a judge sends a decree back for revision. Work through the Texas Law Help checklist for divorces with children line by line before your hearing.

How do you file the forms, step by step?

Here's the sequence, assuming a cooperative spouse and no real property tangles.

Step 1: Download and complete the packet. Use Texas Law Help or your county's self-help center. Fill everything out except the case number field.

Step 2: Make copies. Three copies of the petition, minimum: one for the clerk, one for your spouse, one for you. Courts usually won't copy documents for you.

Step 3: File the petition. Go to the district clerk's office in the county where you meet residency. Bring your completed petition, civil case information sheet, and the filing fee (check, money order, or card, depending on the county). The clerk stamps it, assigns a cause number, and hands you a file-stamped copy.

Step 4: Get your spouse to sign the Waiver of Service. Now that you have a cause number, your spouse signs the notarized waiver. File the signed waiver with the clerk.

Step 5: Wait 60 days. The clock started the day you filed the petition. You can't finalize before that date.

Step 6: Prepare the final decree. Both spouses sign it before the hearing. Some counties want the decree notarized too. Check locally.

Step 7: Schedule a prove-up hearing. Call the family law court coordinator. Bring your original signed decree and any attachments to the hearing.

Step 8: Attend the hearing, get the judge's signature. The judge signs the decree. You're done. Order your certified copies from the clerk the same day. They may take a few days to be ready.

Step 9: Update your records. Social Security Administration first (free), then Texas DPS for your driver's license, then your banks, then your passport if you need it.

Some filers use a document preparation service instead of building the packet from scratch. DivorceClear's $149 packet, for example, generates state-specific forms from your answers and flags missing fields before you print, which cuts the odds of a judge rejecting your decree over a technicality. That's worth something if paperwork isn't your thing. The forms are free if you'd rather do the assembly work yourself.

What are the most common reasons Texas divorce forms get rejected?

Clerks and judges kick paperwork back constantly. Here's what goes wrong most.

Wrong form version. Texas Law Help and the courts update forms when statutes change. A 2020 packet may be missing language a 2023 Family Code amendment requires. Check the revision date on the form every time.

Vague property division. "Husband keeps the cars" is not enough. List the year, make, model, and VIN. Same for bank accounts: name the bank, the account type, and enough of the account number to identify it.

Waiver of Service signed before filing. If your spouse signed the waiver before you had a case number, it's void. You'll need a fresh one.

60-day waiting period not met. Schedule your prove-up on day 59 and the judge sends you home. Count carefully. The day you file is day zero. The 60th day after that is the earliest possible final hearing date.^[3]

Missing child provisions. No medical support designation, no income withholding language, no conservatorship type. Any one of those gets the decree returned.

Wrong county. File where neither spouse has lived for 90 days and the court lacks venue. The case gets dismissed.

Notarization issues. Some counties require the Final Decree to be notarized. Some don't. If yours does and you skip it, the clerk won't accept it.

The fix for nearly all of these is the same: use a current, county-specific packet and run the Texas Law Help checklist before you file anything.

Can you do a Texas divorce without a lawyer?

Yes, and plenty of people do. Texas courts allow self-representation outright, and the state has expanded self-help resources precisely because uncontested divorces don't call for legal argument, just correct paperwork.^[5]

Here's the honest read on when you should still call a divorce lawyer. If you have a pension or 401(k) to divide (you'll likely need a Qualified Domestic Relations Order, a separate court order with its own rules), if you own a business, if there's any question about whether an asset is community or separate property, or if your spouse has hired an attorney and you haven't. In those cases the complexity climbs fast, and a mistake in the decree is expensive to fix after the judge signs.

For a clean case, the people who DIY their Texas divorce successfully tend to share a few habits. They read instructions carefully. They call the district clerk to ask procedural questions. They file paperwork they've actually read, not paperwork they've just filled in. You don't need to understand family law deeply. You need to follow the form instructions exactly.

You can also learn from what other people went through. Resources like divorced sistas document real experiences getting through divorce without attorneys, which gives you a feel for what the process actually looks like day to day.

Texas courts can't give legal advice, but they answer procedural questions like "which form do I need" and "where do I file this." Use them.

How long does a Texas uncontested divorce take from start to finish?

The floor is 61 days. That's the mandatory 60-day waiting period plus at least one day for the hearing.^[3]

In practice, most Texas uncontested divorces take 2 to 4 months from filing to final signature. The extra time comes from three things:

• Preparing and reviewing the paperwork (often 1 to 3 weeks if you're doing it yourself)
• Court scheduling backlog for prove-up hearings (some counties are 2 to 4 weeks out, others have same-week slots)
• Notary and waiver logistics if you and your spouse are in different cities

The 2-to-4-month range assumes nothing goes sideways. Add time if the judge returns the decree for revisions. Rewrite, re-sign, refile, reschedule. That can tack on 4 to 8 weeks in busy courts.

Texas has no automatic waiting period for property division to take effect. Once the judge signs, the decree is enforceable that moment. If there's real estate to transfer, record the deed as soon as you can after the signing.

Frequently asked questions

What is the difference between an uncontested divorce and a no-contest divorce in Texas?

They're the same thing in Texas. "No-contest" is a common search term; Texas statutes use "uncontested divorce" for a case where both spouses agree on all issues. The forms are the same, the process is the same, and the legal outcome is identical. Both use insupportability (no-fault) as the grounds in most cases.

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

Not the petition. Only the Petitioner signs the original petition. The Respondent must either be formally served or sign a notarized Waiver of Service. Both spouses typically sign the Final Decree of Divorce before the hearing so the judge can see both parties agree to the terms.

What is the filing fee for divorce in Texas?

Filing fees vary by county and run about $300 to $350 in most Texas metro counties. Harris County is around $315 to $350, Dallas around $300 to $330, Travis around $315 to $350. Call your county district clerk for the exact current fee before you go in. If you can't afford it, file a Statement of Inability to Afford Payment of Court Costs to request a waiver.

How long do you have to be separated before filing for divorce in Texas?

Texas has no separation requirement. You can file the day you decide to divorce, as long as you meet the residency rules: six months in Texas and 90 days in the county where you file. The mandatory 60-day waiting period runs from the filing date, not from when you separated.

Can I file for divorce in Texas if my spouse lives in another state?

Yes. If you meet the Texas residency requirement (six months in Texas, 90 days in your county), you can file in Texas even if your spouse lives elsewhere. Your spouse can sign a Waiver of Service and return it by mail or overnight courier. A notary in their state is valid for the waiver. The judge can still divide Texas property and Texas assets.

Where do I file my Texas divorce forms?

File at the district clerk's office in your county. Each Texas county has its own family law district court. Harris County filers go to the Harris County District Clerk at 201 Caroline Street in Houston. Travis County filers go to the district clerk at 1000 Guadalupe Street in Austin. Call ahead to confirm hours and accepted payment methods.

Does Texas require a parenting class for divorce with children?

There is no statewide statute requiring it, but many Texas counties require both parents to complete a parent education and family stabilization course before the final decree is signed. Harris County, Travis County, and Dallas County all require it locally. The course runs about 4 hours and costs $25 to $75. Check your county's local rules or ask the district clerk.

Can I change my name in the divorce decree?

Yes, and this is the easiest way to do it. Request a name restoration in your Final Decree of Divorce. The judge includes it in the signed order at no extra cost. After signing, take your certified decree to the Social Security Administration (free), then to Texas DPS to update your driver's license (about $33), and then to any financial institutions and your passport agency.

What forms do I need if we have no children and no shared property?

At minimum: the Original Petition for Divorce (No Children), a Waiver of Service, the Final Decree of Divorce (No Children, No Real Property), and a Civil Case Information Sheet. Some counties may want a cover sheet or local addendum. Get the packet from Texas Law Help or your county's self-help center to make sure it matches local requirements.

What happens if my spouse refuses to sign the Waiver of Service?

You hire a licensed process server or county constable to formally serve them with the petition. This usually costs $75 to $150. After service, your spouse has 20 days plus the next Monday to file a written answer. If they don't answer and don't contest, you proceed to a default prove-up hearing after the 60-day waiting period. The divorce still moves forward.

Can I get a Texas divorce online without going to the courthouse?

You file the original petition in person, by mail, or through e-filing at your county district clerk, depending on what the county accepts. Many counties allow the final prove-up by submission, meaning the judge signs in chambers without you appearing. Check with your specific county. You can't skip the clerk filing step, but in some counties you may never set foot in a courtroom.

How do I divide a 401(k) or pension in a Texas uncontested divorce?

A Qualified Domestic Relations Order (QDRO) is required to divide most retirement accounts. A QDRO is a separate court order that instructs the plan administrator to split the account. Your Final Decree references the QDRO, but the QDRO itself gets drafted and approved separately. This is one spot where spending a few hundred dollars on an attorney or a QDRO specialist pays off, because errors here can cost you retirement funds.

Is there an alimony form for Texas uncontested divorces?

Texas calls it spousal maintenance, and it's relatively rare under Texas law. You can agree to contractual alimony between spouses in your decree without meeting the statutory requirements for court-ordered maintenance. If you're including spousal support, add specific language to your Final Decree naming the amount, frequency, duration, and termination conditions. Check the alimony guide for Texas-specific rules before drafting this section.

Sources

1. Texas Family Code Chapter 6, Texas Legislature Online: Texas allows insupportability as a no-fault ground for divorce under Family Code Section 6.001
2. Texas Family Code Section 6.301, Texas Legislature Online: Residency requirement: one spouse must have lived in Texas six months and in the county 90 days before filing
3. Texas Family Code Section 6.702, Texas Legislature Online: Texas imposes a mandatory 60-day waiting period after the petition is filed before a judge can grant a divorce
4. Texas Law Help, Texas Legal Services Center: Texas Law Help provides free, court-endorsed divorce form packets organized by county and family situation
5. Texas Courts Self-Help Center, Office of Court Administration: Texas Courts provides self-help resources and form packets for pro se divorce filers
6. Texas Family Code Section 6.001 (insupportability), Texas Legislature Online: The statutory language for insupportability grounds reads: the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship
7. Texas Family Code Section 3.002, Texas Legislature Online: Texas is a community property state; property acquired during marriage is presumed community property
8. Texas Family Code Chapter 154, Texas Legislature Online: Texas child support guidelines set 20% of net income for one child, 25% for two, 30% for three, 35% for four, 40% for five or more, with a net resource cap of $9,200 per month as of 2024
9. Harris County District Clerk Fee Schedule, harriscountytx.gov: Harris County divorce filing fees run approximately $315 to $350 depending on case type
10. Texas Department of Public Safety Driver License Division: A Texas driver's license replacement after a name change costs approximately $33
11. Texas Rule of Civil Procedure 145, Texas Legislature Online: Filers with income at or below 125% of the federal poverty level may file a Statement of Inability to Afford Payment of Court Costs to waive court costs
12. Texas Family Code Section 153.3101 (Standard Possession Order), Texas Legislature Online: Texas Family Code Section 153.3101 establishes the Standard Possession Order as the default visitation schedule for divorced parents