How to Get an Uncontested Divorce: The Requirements, the Steps, the Waiting Period, and the Costs

An uncontested divorce is one in which both spouses agree to end the marriage and settle every issue the court must decide, such as property, debts, support and, when there are children, custody and child support. State and local law control the process, so the filing court, residency rule, forms, service method, waiting period, hearing requirement and fees all depend on where you file. In Texas, an agreed divorce generally uses a petition, the required notice or a waiver, a final decree and any property or child-related documents the case needs. Texas generally requires a 60-day waiting period after filing (opens in a new tab), with exceptions tied to family violence. California and Florida use different names and procedures.

What makes a divorce "uncontested"?

The word covers more than a friendly split. Both spouses must agree that the marriage should end, and they must also agree on each issue that needs a court order: how property and debts are divided, what happens to the home and retirement accounts, whether either spouse receives support, and, when there are children, custody, possession or parenting time, and child support.

The name of the process changes by state. TexasLawHelp (opens in a new tab) describes an agreed divorce as one in which the spouses agree on all issues and sign the necessary forms; Texas materials also use "uncontested divorce," a term that can include a default divorce where the other spouse does not respond. California offers a joint petition and a narrower "summary dissolution." Florida's joint process for qualifying couples is called a simplified dissolution of marriage (opens in a new tab), and it requires agreement that the marriage cannot be saved, no qualifying minor or dependent children, agreement on assets and debts, no request for alimony, a waiver of trial and appeal, both signatures and joint attendance at the final hearing.

Children do not rule out an uncontested divorce. TexasLawHelp has separate agreed-divorce materials for spouses with children, and the custody, possession and support terms must still be addressed in the paperwork.

Which state and county can handle the case?

Residency comes first, because a court without the right connection to the spouses cannot grant the divorce.

In Texas, Family Code section 6.301 (opens in a new tab) requires either spouse to have been domiciled in Texas for the preceding six months and to have lived in the filing county for the preceding 90 days. Under section 6.302, a spouse who lives outside Texas can file in the county where the Texas spouse lives, once the Texas spouse has met the six-month requirement. Divorces are generally filed in a district court that hears family cases, and local court organization varies.

In California, one spouse must have lived in the state for the past six months and in the filing county for the past three months, according to California Courts (opens in a new tab), and the case goes to that county's superior court. In Florida, the Form 12.901(a) instructions (opens in a new tab) require either spouse to have lived in Florida for more than six months before filing, with the joint petition filed with the clerk of the circuit court in the county where the spouses live.

What grounds allow the divorce?

Texas, California and Florida all allow divorce without proving fault. Texas Family Code section 6.001 (opens in a new tab) permits a divorce when the marriage has become insupportable because of discord or conflict of personalities that ends the purpose of the marriage and prevents reasonable reconciliation. California uses irreconcilable differences. Florida Statutes section 61.052 (opens in a new tab) lists an irretrievably broken marriage as a ground, along with a separate mental-incapacity ground that carries extra requirements.

What forms start an uncontested divorce?

The forms depend on the state and on whether there are children. In Texas, an agreed divorce commonly involves:

• An Original Petition for Divorce.
• A Civil Case Information Sheet.
• An information form for state divorce statistics.
• Citation and service papers, or a signed waiver of service.
• The respondent's answer or waiver, where it applies.
• A Final Decree of Divorce.
• A written settlement or agreement incident to divorce, when one is used.
• Financial or required initial disclosures.
• Parenting-plan, possession, support and income documents when children are involved.
• A fee-waiver statement, when it applies.
• Military-status and address forms where the court or the packet requires them.

TexasLawHelp supplies separate instructions and forms for agreed divorces without minor children (opens in a new tab) and with children under 18 (opens in a new tab). Our guide on how to file for divorce in Texas walks through the filing itself.

California's materials list the petition, summons, proof of service, financial disclosures, final judgment paperwork and child-related forms when they apply, and the joint-petition and summary-dissolution routes use their own forms. Florida's official forms include Form 12.901(a), the joint petition; Form 12.902(f)(3), the marital settlement agreement; financial affidavits or the permitted waiver; Form 12.928, the cover sheet; Form 12.902(i), the corroborating-witness affidavit; and Form 12.990(a), the final judgment, all available from Florida Courts' family law forms (opens in a new tab).

What should the agreement cover?

A settlement agreement generally needs to address every issue that requires a court order. That usually means the division of property and debts, the marital home and how title will transfer, retirement accounts and employment benefits, spousal maintenance or support, and any request to restore a former name. When there are children, it also covers custody and decision-making, possession or parenting time, child support and income withholding where it applies, and health insurance.

Texas law gives the court a role even when the spouses agree. Family Code section 7.001 (opens in a new tab) requires a just-and-right division of the marital estate, section 7.003 addresses retirement and employment benefits, and section 7.006 allows a written "agreement incident to divorce" covering property, debts and maintenance. If the court finds that agreement just and right, it is binding on the court; if not, the court may ask the spouses to revise it or set a contested hearing. Texas child-related orders follow their own legal standards, which center on the children. Our guides to community property in a Texas divorce and child support in Texas cover those rules in more detail.

Other states use different property rules. Florida section 61.075 (opens in a new tab) begins from an equal-distribution premise subject to statutory factors, and California uses its own community-property rules. California Courts (opens in a new tab) state that spouses must decide property, debts, spousal support and children's care and support, and the court approves the final paperwork.

How does service or a waiver work?

Even in an agreed divorce, the spouse who did not file must receive legal notice of the case or formally give it up. In Texas, that usually means either service of the citation with proof filed with the court, or a signed waiver of service from the respondent. California's process includes serving the petition and summons and filing proof of service, as California Courts' service page (opens in a new tab) explains.

Service problems and missing waivers are among the common causes of delay. Service charges, whether from a sheriff, constable or private process server, vary by county, so confirm them with the county clerk or the officer who will serve the papers.

How long is the waiting period?

The minimum time is set by statute, and actual time is often longer because of hearing schedules and court review.

In Texas, section 6.702(a) (opens in a new tab) generally bars a court from granting a divorce before the 60th day after filing. Section 6.702(c) removes the wait when the respondent has a qualifying family-violence conviction or deferred adjudication, or when the petitioner has an active qualifying protective order or magistrate's emergency protection order based on family violence. If safety is a concern, our guide on getting a protective order in Texas explains that process.

In California, Family Code section 2339 (opens in a new tab) provides that a judgment ending the marriage is not final until six months after the respondent was served or appeared, whichever came first, and the court may extend that period for good cause. California Courts (opens in a new tab) state that divorce there takes at least six months. In Florida, the scheduling of the final hearing and the judge's review of the documents set the pace, so the clerk is the place to confirm timing.

Do both spouses have to go to court?

It depends on the state and the court. In Texas, TexasLawHelp (opens in a new tab) notes that some judges accept an affidavit for an agreed divorce without children, while others require live testimony at a short final hearing, sometimes called a prove-up. A Texas local court checklist (opens in a new tab) shows what one court looks for: a final hearing, a filed waiver or proof of service, and a completed, signed decree. A remote appearance may require a motion or the local court's approval.

Florida's simplified-dissolution instructions require both spouses to attend the final hearing, and if the documents are in order, the judge may sign the final judgment at that hearing. In California, the ordinary process ends with submitting final paperwork once the issues are resolved, and the need for a hearing depends on the procedure and court instructions. Wherever you file, the court must authorize an affidavit, remote or paperwork-only finish before you rely on it.

What does an uncontested divorce cost?

Court costs are set county by county in Texas. The Texas Judicial Branch (opens in a new tab) publishes district-court fee ranges and notes that the actual total depends on county decisions and the district clerk. As a dated example, Travis County's fee page (opens in a new tab) listed a $350 base fee for new district-court cases filed on or after January 1, 2026, plus possible miscellaneous charges; confirm the current figure with the district clerk where you file. In California, the court's filing page (opens in a new tab) shows a filing fee range of $435 to $450 as of October 1, 2026, or a fee-waiver request in its place. Service, certified-copy and recording costs can be separate in any state.

Fee waivers are available. In Texas, TexasLawHelp (opens in a new tab) provides the bilingual Statement of Inability to Afford Payment of Court Costs. Florida's instructions identify an Application for Determination of Civil Indigent Status. Lawyer fees are a separate question, and our guide on what a divorce lawyer costs explains how they are usually billed. These figures are dated examples, not a prediction of any one case's total.

What can slow an uncontested divorce down?

The most common delays come from the paperwork itself: missing signatures, a service problem or an unfiled waiver, incomplete financial disclosures, missing child-related documents, or property and support terms the agreement left open. Court calendars and local review add time too. Once the judge signs, certified copies of the decree are often needed to update titles, retirement accounts or support records, so ask the clerk how to request them.

Where can you find help with an uncontested divorce?

Court self-help pages, such as California's court-based self-help services (opens in a new tab), identify situations where legal help matters most: significant property or debt, retirement accounts, support, children, domestic violence, a spouse in another state, service problems, immigration or tax questions, or disagreement about the agreement.

In Texas, help includes TexasLawHelp, legal-aid programs, local court self-help services and the State Bar of Texas certified lawyer referral services (opens in a new tab), reachable statewide at 800-252-9690. The State Bar's referral directory (opens in a new tab) says participating services may offer a first consultation of up to 30 minutes for no more than $20, with later fees set separately. A lawyer's license and discipline history can be checked through the State Bar's disciplinary-history information (opens in a new tab).

Frequently asked questions about uncontested divorce

These questions often come up once spouses agree and start on the paperwork.

Does an uncontested divorce need a written agreement?

Often, though the required form varies. Texas recognizes written agreements incident to divorce and has official agreed-divorce forms. Florida's simplified process allows a written marital settlement agreement or, in that specific process, an oral agreement about assets and debts.

Can a court reject an agreed divorce?

Yes. Courts apply the governing legal standards to property and to children's issues, and a Texas court can ask for revisions if the property division is not just and right. Child-related terms are reviewed under standards centered on the children.

Is a lawyer required for an uncontested divorce?

Self-representation may be permitted, and TexasLawHelp, California Courts and Florida Courts publish forms for that purpose. Court self-help pages point to retirement accounts, children, domestic violence and interstate issues as situations where a lawyer's review is important.

Where can I find uncontested divorce forms in Spanish?

TexasLawHelp has Spanish guides and an agreed-divorce packet in Spanish (opens in a new tab), and California Courts has a Spanish divorce section (opens in a new tab). For Florida, use the Florida Courts forms and ask the clerk about language assistance or a qualified interpreter.

Your next step

If you and your spouse have agreed on the terms and want a lawyer to review the paperwork or the decree before you file, you can search our directory of law firms for family-law firms near you.