For many families in San Antonio, the goal isn’t to win a courtroom battle, it’s to move forward with dignity, speed, and financial sanity. That’s where an uncontested divorce shines. When spouses can agree on property division, custody, and support, Texas law offers a streamlined path that avoids prolonged litigation. This guide breaks down eligibility, the key agreements couples need, how filing works in Bexar County, and why uncontested divorces can be a smart choice in 2025. It also explains how settlements keep conflict, and costs, low. Couples often consult a local San Antonio Uncontested Divorce Lawyer for tailored guidance: firms like Lishman Law (https://lishmanlaw.com) provide that local know‑how.
Eligibility requirements for an uncontested divorce in Texas
An uncontested, often called “agreed”, divorce in Texas is possible when both spouses are aligned on the terms and the case meets a few statutory and practical criteria.
Core requirements
- Residency: At least one spouse must have lived in Texas for the last six months and in the county of filing (e.g., Bexar County for San Antonio) for the last 90 days.
- Grounds: Most uncontested divorces proceed under Texas’s no‑fault ground of “insupportability.” No need to prove misconduct.
- Agreement on all issues: The spouses must agree on every material term: property and debt division, conservatorship and possession (if there are children), child support/medical support, and whether either spouse will receive spousal maintenance or contractual alimony.
- Capacity and willingness to sign: Each spouse needs to be legally capable and willing to sign the paperwork. If one refuses to sign, the case can’t remain uncontested.
Timing and procedural constraints
- Mandatory waiting period: Texas imposes a 60‑day waiting period from the date the petition is filed to the date a judge can sign the final decree, with narrow exceptions (e.g., certain family‑violence situations).
- Pregnancy: If a spouse is pregnant, courts typically wait to finalize the divorce until after the child is born so parentage, support, and possession can be addressed.
- Bankruptcy considerations: An open bankruptcy can complicate or delay a property division. Coordination with the bankruptcy court may be required.
- Protective orders or safety concerns: Uncontested divorce is still possible, but courts may require specific safeguards and may prefer a brief hearing.
If those boxes are checked, and the paperwork matches the agreement, Texas courts generally allow a straightforward, low‑conflict resolution.
Agreements on property division and child custody explained
For an uncontested divorce to stick, the agreement must be complete, clear, and enforceable. Think of it as the operating manual for life after marriage.
Property and debt: community property in practice
Texas is a community property state, which means most assets and debts acquired during the marriage are presumed community and subject to a “just and right” division. In an uncontested case, spouses decide that division themselves and memorialize it in the Final Decree of Divorce.
What typically gets addressed:
- The home: Who keeps it, when and how a refinance or sale will occur, and how equity will be divided. Use precise deadlines and instruments like a Special Warranty Deed and, if applicable, a Deed of Trust to Secure Assumption.
- Retirement accounts: 401(k)s, pensions, and IRAs. Dividing many plans requires a Qualified Domestic Relations Order (QDRO). Plans often want to pre‑approve draft QDROs to avoid post‑decree headaches.
- Bank and brokerage accounts: Division as of a specific date, including how to handle gains/losses and any outstanding checks.
- Vehicles and personal property: Clear lists with VINs/serial numbers help. Include a Texas DMV Power of Attorney to Transfer Motor Vehicle when needed.
- Business interests: Valuation method and buyout terms if one spouse keeps the business.
- Debts: Who pays which debts, whether an indemnity applies, and what happens if a refinance doesn’t occur by a certain date.
- Taxes: Who claims dependents, allocates credits/deductions, and how to handle 2025 filing status and prorated liabilities.
Two practical drafting tips:
- Specific beats fuzzy. “Spouse A will refinance by June 15, 2025” beats “as soon as possible.”
- Build in consequences. If a refinance fails, the decree can require listing the home for sale with a named broker.
Spousal maintenance vs. contractual alimony: Court‑ordered maintenance is limited under Texas law and triggers eligibility thresholds: some couples instead create contractual alimony, which is enforced as a contract and offers more flexibility on amount and duration.
Parenting: conservatorship, possession, and support
When children are involved, the order must prioritize best interest and be detailed enough to prevent future fights.
Key elements include:
- Conservatorship: Most parents are named joint managing conservators, with specified rights and duties (e.g., who decides the primary residence, consent to invasive procedures, access to records).
- Possession schedule: Many families use the Standard Possession Order (SPO), the Expanded SPO, or a custom schedule tailored to work shifts and school calendars. Holiday and summer provisions should be explicit.
- Geographic restriction: Whether the child’s primary residence must remain in Bexar County or a surrounding area.
- Child support: Guideline percentages apply to the obligor’s net resources up to the state cap (adjusted periodically by the Office of the Attorney General). Parties can deviate with reasons documented in the decree.
- Medical and dental support: Texas requires provisions for health insurance and dental coverage, plus allocation of uninsured expenses (often split 50/50 or in a negotiated ratio).
- Exchanges and communication: Neutral exchange locations, virtual contact parameters, and use of parenting apps can reduce friction.
A complete, plain‑English parenting plan is the single best insurance policy against future misunderstandings, and the cornerstone of a smooth uncontested divorce.
Filing procedures for uncontested divorce in San Antonio
The process in San Antonio follows Texas statewide rules with local nuances in Bexar County.
Step 1: Prepare and file the case
- Original Petition for Divorce: One spouse (the petitioner) files with the Bexar County District Clerk, typically via eFileTexas. Filing fees apply: a Statement of Inability to Afford Payment can be submitted if needed.
- Standing Orders: Bexar County district courts issue standing orders that apply immediately to both parties, restricting certain financial moves and conduct about children. Petitioners should attach them to the service packet.
Step 2: Service or waiver
- Waiver of Service: In uncontested matters, the respondent usually signs a notarized waiver acknowledging receipt of the petition. Important: the waiver must be signed after the petition is filed, not before, and must be properly notarized (Texas allows remote online notarization).
- Alternative: Formal service by a constable or process server is still an option if a waiver isn’t feasible.
Step 3: Exchange information and finalize the agreement
- Draft the Final Decree of Divorce reflecting the full settlement, with exhibits for property division and the parenting plan.
- If retirement is involved, prepare QDROs for judge’s signature, ideally pre‑approved by the plan administrator.
- For cases with children, prepare an Income Withholding Order for child support and the required OAG forms.
- Parenting course: While not mandated statewide, many Bexar County courts expect a co‑parenting class certificate before prove‑up when minor children are involved. Couples should verify the assigned court’s preference.
Step 4: Observe the 60‑day waiting period
- Texas courts generally cannot sign the final decree until at least the 61st day after filing, absent statutory exceptions. This is a good time to complete refinance steps, gather plan approvals, and clean up any drafting gaps.
Step 5: Prove‑up and final hearing
- Uncontested “prove‑up” is brief. Depending on the court, it may be in person or via Zoom. One or both spouses answer a short list of questions confirming residency, grounds, the agreement, and best‑interest findings for any children.
- Some courts allow an affidavit prove‑up when everything is perfectly in order: counsel familiar with Bexar County dockets can advise on whether the assigned court will accept it.
Step 6: After the judge signs
- File the signed Final Decree of Divorce and obtain certified copies.
- Submit the Employer’s Order for Withholding to the employer and OAG.
- Record real‑property deeds and vehicle title transfers.
- Send QDROs to plan administrators and follow up for implementation.
- Complete the Bureau of Vital Statistics (BVS) Report of Divorce as required.
Timeline reality check: Many uncontested divorces in San Antonio can finalize shortly after the 60‑day mark, although court calendars and the complexity of property transfers (e.g., home refinances) can push the practical finish line to 75–120 days.
Advantages of uncontested divorce for families in 2025
In 2025, uncontested divorce remains one of the most family‑friendly ways to end a marriage in Texas, especially in a major metro like San Antonio.
- Cost control: Lawyer‑assisted, uncontested matters typically cost a fraction of litigated cases. Instead of funding discovery battles, resources stay with the family.
- Speed: With agreements in hand, couples can move from filing to decree soon after the 60‑day waiting period, avoiding months (or years) of litigation.
- Privacy: Settlement terms are negotiated at the kitchen table or in mediation, not aired at length in open court.
- Stability for kids: A thoughtful parenting plan reduces uncertainty. Parents who collaborate tend to co‑parent more effectively.
- Flexibility: Parties can craft solutions courts can’t always order, like phased buyouts, custom holiday rotations, or tailored travel provisions.
- Lower emotional toll: Less confrontation means fewer stress spikes and a healthier transition.
- Tech‑friendly logistics: E‑filing, remote notarization, and virtual hearings, commonplace by 2025, make the process more convenient for busy families.
Put simply, uncontested divorce allows couples to keep control of outcomes rather than rolling the dice on a judge’s call.
