frequently asked questions
Divorce Eligibility and Grounds
A simple (uncontested) divorce means:
- Both spouses agree the marriage should end
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- There is agreement on property, debts, and children (if applicable)
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- No court hearings or trials are needed
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This allows the divorce to move forward efficiently, with minimal conflict and lower costs.
A Simple Divorce is always the best option for spouses who are divorcing and know that they can reach an agreement as to property, children and support. By choosing a Simple divorce, you are able to save thousands of dollars and avoid the conflict of a contested divorce.
To qualify for a Simple Divorce you or your spouse and have to be a resident of the state of Texas and both parties need to be willing to sign the divorce paperwork and come to agreements on issues regarding children and property.
To file for divorce in Texas, either spouse must have lived in Texas for at least 6 months, and in the county where the divorce is filed for at least 90 days before filing.
Texas has a mandatory 60-day waiting period from the date the divorce is filed before it can be finalized.
Most simple, uncontested divorces are finalized shortly after the 60-day waiting period, assuming all paperwork and agreements are complete.
Process and Procedures
Yes. When you retain Simple Divorce Texas, you will have a Texas Attorney draft, review and file your divorce paperwork.
Court costs vary by county. We will notify you of the specific amount of court costs and include that amount in your quote once you submit your inquiry. Typically, court costs range between $300 and $400.Â
Texas has a mandatory 60-day waiting period from the date the divorce is filed before it can be finalized.
Most simple, uncontested divorces are finalized shortly after the 60-day waiting period, assuming all paperwork and agreements are complete.
In many Texas counties, only one spouse must appear briefly (sometimes by affidavit or short prove-up).
Some counties allow virtual or paperwork-only prove-ups. We guide you through exactly what is required in your county.
Yes. We can stop the proceedings at any point prior to the final divorce decree.
14-Day Express Divorce
You are eligible for an Express Divorce if the following requirements are met:
- You or your spouse meet the Louisiana residency requirements.
- Your spouse agrees to the divorce and is willing to sign the paperwork
- You and your spouse can sign the divorce paperwork as soon as it is made available to you.Â
Division of Property
Yes — if you both agree on what happens to the house (sale, refinance, buy-out, or transfer).
We include clear language in the divorce decree to reflect your agreement.
Retirement accounts and investments can be divided in a simple divorce if both spouses agree on the division.
Some retirement accounts require additional documents (such as a QDRO), which we can discuss if applicable.
Texas is a community property state, but that does not always mean a strict 50/50 split.
Spouses can agree to any division they choose, as long as it is clearly documented and approved by the court.
Debts (credit cards, loans, mortgages) can be allocated by agreement in a simple divorce.
It’s important to understand that lenders are not bound by divorce decrees, even though the court is.
Property divisions are generally final once the divorce is complete.
Child-related issues (custody, support, visitation) may be modified later if circumstances change.
Regardless of whose name is on the title to the accounts, provided that these funds were accumulated during the marriage, both parties are entitled to an equal share.
Child Support
Yes — as long as both parents agree on:
- Conservatorship (custody)
- Parenting time / visitation
- Child support
- Health insurance
If there is disagreement on these issues, the divorce no longer qualifies as “simple.”
Texas uses the term “conservatorship” rather than custody.
Most agreed divorces involve:
- Joint Managing Conservatorship
- A parenting plan outlining possession and access
- Clear decision-making authority
We prepare the required parenting plan based on your agreement.
In most cases, yes. Texas has statutory child support guidelines based on income and number of children.
Even in agreed divorces, courts typically require child support to follow these guidelines unless there is a legally acceptable reason to deviate.
Not necessarily. Parents may agree to a custom visitation schedule as long as it meets legal requirements and is in the child’s best interests.