If you and your spouse agree that the marriage should end, you may be able to complete an agreed divorce in Texas.
An agreed divorce (sometimes called an uncontested divorce) is usually the simplest and least expensive way to get divorced. An agreed divorce means both spouses agree on all major issues before the divorce is finalized.
That usually includes:
- Division of property and debts
- Child custody and visitation schedules
- Child support
- Health insurance for the children
- Any spousal support issues
Here’s the step-by-step process for an agreed divorce.
Step 1: Make Sure You Meet Texas Residency Requirements
Before filing for divorce in Texas, at least one spouse must have lived in Texas for at least six months and lived in the county where the divorce will be filed for at least 90 days.
Texas Family Code Section 6.301
If those requirements are not met, you may need to wait before filing.
Step 2: Confirm That You Agree on Everything
This step is more important than many people realize.
An agreed divorce only works when both spouses have a clear understanding of assets, debts, parenting arrangements, child support obligations, and future responsibilities.
Many cases start as agreed divorces but become contested when an issue that seemed settled turns out not to be.
Before filing, it is worth taking the time to discuss every major issue and make sure there are no surprises.
Step 3: File the Original Petition for Divorce
The divorce process officially begins when one spouse files an Original Petition for Divorce with the district court.
The spouse who files is called the Petitioner.
The other spouse is called the Respondent.
Texas allows no-fault divorce, meaning neither spouse has to prove wrongdoing. Most agreed divorces are filed on the ground that the marriage has become insupportable because of conflict or discord that cannot reasonably be resolved.
Texas Family Code Section 6.001
Step 4: Have the Other Spouse Sign the Necessary Documents
In many agreed divorces, formal service by a process server is not necessary. Instead, the Respondent may sign a Waiver of Service after the case has been filed.
Texas Family Code Section 6.4035
This document acknowledges receipt of the divorce paperwork and allows the case to move forward without formal service. The timing and wording of the waiver matter. Mistakes can cause delays, so it is important to use the correct forms and procedures.
Step 5: Prepare the Final Divorce Decree
The Final Decree of Divorce is the document that tells the court exactly what both spouses have agreed to.
This is one of the most important parts of the process. The decree should address every issue that applies to your family including property division, retirement accounts, real estate, debt allocation, child custody, child support, medical support, and parenting schedules.
From practice: composite, but representative. A couple came in saying they agreed on everything and expected a quick, straightforward divorce. As we drafted the decree, they realized they had never discussed how to divide a retirement account that had grown significantly during the marriage. They still reached an agreement, but catching the issue before finalizing the divorce helped them avoid a much more expensive dispute later.
Many people assume that because they agree now, the language of the decree is not especially important.
The reality is that the decree becomes a court order. If questions arise later, the judge will look at the wording in the decree, not what either spouse remembers discussing.
Step 6: Wait the Required 60 Days
Texas law generally requires a waiting period before a divorce can be finalized.
In most cases, a divorce cannot be completed until at least 60 days have passed from the filing date. Texas Family Code Section 6.702
There are limited exceptions involving family violence, but most agreed divorces must comply with the waiting period.
Even when spouses agree on everything, the court usually cannot finalize the divorce before the waiting period expires. You can learn more about the 60-day waiting period here.
Step 7: Finalize the Divorce
Once the waiting period has passed and all documents are complete, the Petitioner typically attends a brief final hearing. In many counties, the hearing is short and straightforward.
The judge may ask a few basic questions, review the paperwork, and sign the Final Decree of Divorce. Once the decree is signed, the divorce becomes final.
How Long Does an Agreed Divorce Take in Texas?
The shortest possible timeline is generally a little over 60 days because of the mandatory waiting period.
However, the actual timeline depends on factors such as how quickly documents are prepared, whether both spouses respond promptly, court scheduling, and whether revisions are needed.
Many agreed divorces are completed within a few months.
Do You Need a Lawyer for an Agreed Divorce?
Texas law does not require you to hire an attorney. However, many people discover that the paperwork is more complicated than expected.
The challenge is not usually deciding who gets what. The challenge is making sure the agreements are properly documented and legally enforceable.
A mistake in the final paperwork can create problems long after the divorce is over.
That is one reason many couples choose a flat-fee divorce option. They want guidance through the process without the uncertainty of hourly billing.
Common Mistakes in Agreed Divorces
Some of the most common issues are leaving assets or debts out of the decree, using vague language, improperly handling retirement accounts, failing to address parenting details, signing documents in the wrong order, and assuming verbal agreements are enough
Even when spouses are cooperating, details matter.
Frequently Asked Questions
Can we use the same lawyer for an agreed divorce in Texas?
No. An attorney can only represent one spouse. However, in many agreed divorces, one spouse hires the attorney to prepare the paperwork while the other spouse reviews and signs the agreed documents.
What if we agree on everything except one issue?
The divorce may no longer qualify as an agreed divorce. Even a single unresolved issue (such as property division or a parenting schedule) can require additional negotiation or court involvement.
Do both spouses have to attend the final hearing?
Usually, no. In many agreed divorces, only the Petitioner attends the final prove-up hearing. Requirements can vary by county, and some courts may offer alternative procedures.
Can we get divorced in less than 60 days?
Generally, no. Texas law requires a 60-day waiting period in most divorce cases. Limited exceptions may apply in certain family violence situations.
Is an agreed divorce cheaper than a contested divorce?
In most cases, yes. Because the spouses have already resolved the major issues, agreed divorces typically require less attorney time, fewer court appearances, and lower overall costs than contested divorces.
The Bottom Line
An agreed divorce can be an efficient way to end a marriage when both spouses are committed to working together and have reached agreements on all major issues. If you are considering an agreed divorce in Texas and want to understand your options, a flat-fee consultation can help you determine whether your case is a good fit and what steps should come next.
Chris Schmiedeke
Texas Bar 1993, 33 years of family law practice, AltFee Modern Pricing Certified, 2020 Top 3 Divorce Lawyers in Dallas (Three Best Rated).
As originally answered on Avvo, expanded for 2026.