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Uncontested Divorce
Uncontested Divorce in Houston, Texas
If you and your spouse agree to end your marriage and want to avoid a courtroom battle, an uncontested divorce in Houston may be the right choice. This process is faster, less stressful, and more affordable than a contested divorce — especially with help from an experienced Houston divorce attorney.
At The Quander Law Firm, we help clients complete their uncontested divorce in Houston quickly, respectfully, and with legal expertise.
Benefits of an Agreed Divorce in Houston
Choosing an uncontested divorce offers several advantages, including:
- Less conflict – Both parties cooperate, reducing emotional strain.
- Lower legal fees – No fighting means fewer billable hours.
- Faster timeline – You may finalize your divorce just 61 days after filing.
- More control – You and your spouse decide the outcome, not a judge.
For additional details on Texas divorce laws, visit the Texas Law Help Divorce Guide.
Uncontested Divorce Process in Houston
Once you and your spouse have reached an agreement, one of you can hire a lawyer. An attorney at The Quander Law Firm PLLC will prepare a waiver of service that your spouse must sign voluntarily. By doing so, your spouse waives the right to be formally served with divorce documents and consents to the process moving forward.
Next, your attorney will file the original petition for divorce and the waiver of service with the court. Then, the filing party communicates the divorce agreement terms to the attorney, who drafts the final divorce decree memorializing your agreement. Both you and your spouse will review and sign the decree. If necessary, the non-filing spouse may consult their own attorney.
Lastly, after the mandatory 60 day waiting period, one spouse, (usually the filing party) will appear in court with their attorney for a “prove-up” hearing. During this brief hearing, the attorney presents the agreed divorce decree to the judge and asks a few questions. In some cases, the judge may also ask questions before deciding whether to grant the divorce.
Within a few days of the judge’s approval, both spouses can obtain a signed, certified copy of the final divorce decree.
Additionally, for local court information, visit:
- Harris County District Courts Website
- Brazoria County District Courts Website
- Fort Bend County District Courts Website
Who Qualifies for an Uncontested Divorce in Texas?
In order to proceed with an agreed divorce, you and your spouse must:
- Agree to divorce on the grounds of insupportability (no fault)
- Agree on all issues: child custody, child support, property division, and debts
- Be willing to sign paperwork voluntarily
When an Uncontested Divorce Will Not Work:
Unfortunately, an uncontested divorce is not possible if:
- Either party disagrees on any issue
- One spouse refuses to sign the waiver of service or final decree
- There is a pending bankruptcy case
- The Attorney General is involved in child support enforcement
- One party wants to file for divorce on fault-based grounds
Divorce Done Easy With The Quander Law Firm Pllc
Step 1: Hire an Attorney
Usually, one spouse will hires a lawyer. This attorney guides the process but only represents one party.
Step 2: File for Divorce
The attorney files the Original Petition for Divorce with the court.
Step 3: Sign a Waiver of Service
The attorney drafts a waiver of service your spouse signs to allow the divorce to proceed without formal service.
Step 4: Draft Your Agreement
You communicate the divorce terms to the attorney. Then, your lawyer drafts the final decree, which both spouses review and sign.
Step 5: Wait 60 Days
Texas law requires a 60-day waiting period from filing. Meanwhile, your attorney ensures all documents are in order.
Step 6: Prove-Up Hearing
After 60 days, the filing spouse appears in court for a brief hearing or submits a prove-up affidavit, depending on the county.
Step 7: Divorce Finalized
If the judge approves, the divorce is granted. As a result, certified copies of the final decree become available to both spouses.
The Quander Law Firm PLLC | Houston Divorce Lawyers
If you are considering an uncontested divorce, a Houston divorce attorney at the Quander Law Firm PLLC can guide you while protecting your rights and property. Contact us at (832) 930-7139 or submit your contact information through our online contact form. We handles divorce cases in Harris County and the surrounding counties.
FAQs
Can One Lawyer Handle an Uncontested Divorce in Houston?
Watch our video FAQ explaining why one lawyer cannot ethically represent both parties, but can prepare paperwork for one spouse.
How long does an uncontested divorce take in Houston?
The minimum wait is 60 days after filing. However, most uncontested divorces finalize shortly after, assuming all paperwork Is complete.
Do both spouses have to go to court?
No. Usually, only one spouse (the Petitioner) attends a brief hearing or submits a sworn affidavit.
Can one lawyer handle everything?
One attorney may draft the paperwork for the filing spouse. The other spouse can review and sign voluntarily, but the attorney ethically represents only one party.
What does an uncontested divorce cost in Houston?
We offer flat fee services plus court filing fees. Because of this, many clients find uncontested divorce an affordable legal option. Costs vary by county.-contact us for a personalized quote.
Can we change our agreement before finalizing?
Yes. As long as both spouses agree, your attorney can revise the final decree before the judge signs it.
Can I change my name as part of the divorce?
Yes. You can request to resume your maiden name or a previous legal name in the final decree.
What happens after the judge signs the decree?
You’ll receive certified copies. In addition, we help guide you through important next steps like updating property titles, changing beneficiaries, and setting up wage withholding for child support if needed.