Uncontested Divorce in San Antonio, TX

When you and your spouse have already worked out how to end your marriage, an uncontested divorce in San Antonio lets you finish without a trial. Both spouses settle every issue in writing, and a judge reviews the agreement and signs the final decree.

Prince Contreras PLLC helps couples across San Antonio and Bexar County put a settled agreement into the form the court requires. When you call, you reach an attorney rather than being handed to a paralegal or associate. Call 210.227.7821 or contact us to schedule a free consultation.

What Makes a Divorce Uncontested in Texas?

With everything settled, nothing is left for a judge to decide at trial, but Texas still requires a legal basis for the divorce. Neither spouse has to prove fault: a court can grant a divorce when the marriage has become insupportable, meaning conflict has ended any reasonable expectation of reconciliation.

An uncontested case is one path within a San Antonio divorce, not a separate kind of lawsuit. The spouses’ agreement has to settle:

• How community property (most property acquired during the marriage) and debts will be divided
• Spousal maintenance, the Texas term for alimony, if either spouse will pay it
• Conservatorship (each parent’s rights to make decisions for the children), the parenting schedule, and child support, if there are children

Disagreement on even one item turns the case into a contested divorce, which moves through hearings and, if needed, a trial.

Do You Qualify to File an Uncontested Divorce in San Antonio?

Section 6.301 of the Texas Family Code lets a divorce proceed in Bexar County only if at least one spouse meets both residency periods on the day the petition is filed:

A couple who moved to San Antonio two months ago cannot file here yet, even with a complete agreement, because neither spouse has 90 days in the county. They can keep working on the agreement and file once one of them meets both periods.

How Long Does an Uncontested Divorce Take in Texas?

Under Section 6.702 of the Texas Family Code, a court may not grant a divorce before the 60th day after the petition is filed. The count starts on the filing date, not the date the spouses separated, so time spent apart before filing does not shorten it.

Two situations involving family violence remove the wait. The first is when the spouse who did not file has been convicted of a family violence offense against the filing spouse or a member of that spouse’s household, or received deferred adjudication (a form of probation that can end without a conviction) for one. The second is when the filing spouse has an active protective order against the other spouse because of family violence during the marriage, including a short-term emergency order a judge can issue after a family violence arrest.

For everyone else, the 60-day waiting period is a floor, not a finish date. The court’s calendar and how complete the paperwork is decide how soon after that the decree is signed.

The Uncontested Divorce Process in Bexar County

An agreed divorce moves through four stages:

1. Filing the petition: The original petition is filed with the Bexar County District Clerk. As Section 6.406 of the Texas Family Code requires, it states whether there are children of the marriage under 18 or otherwise entitled to support.
2. Giving the other spouse notice: A spouse who agrees with everything still has to be formally brought into the case, either by signing a waiver of service (a document confirming they received the petition) or by being served, before the judge can finish it.
3. Writing the agreed decree: The agreed final decree is the court order that ends the marriage and sets out every term the spouses reached.
4. Finalizing after the wait: Once the waiting period ends, the judge reviews the decree. For spouses handling the case without a lawyer, the civil district courts’ Staff Attorney’s Office reviews the decree first, and that office advises anyone who has, is seeking, or needs a family violence protective order not to proceed alone.

Our attorneys can prepare the petition and the agreed decree so the terms are written to meet the standards the judge applies.

Can a Spouse Back Out of a Signed Property Agreement?

Yes, until rendition (the moment the judge announces the divorce), unless the agreement is binding under another rule of law. A mediated settlement agreement, reached with help from a neutral mediator, can bind both spouses sooner, and the two kinds of agreements work differently:

Just and right is a standard that weighs each spouse’s rights and any children of the marriage. When a signed agreement falls short of it, the court can ask for a revised agreement or set the case for a contested hearing. Separate property, such as what one spouse owned before the marriage, generally stays with that spouse, so a business or an inheritance calls for careful property division terms.

Our firm has training in mediation and helps couples who want to avoid a contentious fight in court.

Can You File an Uncontested Divorce If You Have Children?

Yes. When spouses share a child who is not already under another court’s continuing jurisdiction, meaning another court has not already issued a final order about the child, Texas law requires the divorce to include a suit affecting the parent-child relationship, the part of the case that sets conservatorship, possession, and support.

Agreeing on a Parenting Plan

Parents can put their terms in a written agreed parenting plan covering conservatorship, possession, and how the plan can later be modified, including changes to the standard possession order (the default schedule Texas courts use). Under Section 153.007 of the Texas Family Code, the court renders an order following the plan when it finds the plan is in the child’s best interest. Once ordered, the terms can be enforced like any judgment, including through contempt of court, but not as a contract. An approved plan keeps decisions about the children in the parents’ hands rather than leaving them to a judge in a child custody dispute.

How Child Support Works in an Agreed Divorce

Child support can be set by agreement too, including an amount above or below the state guidelines, and the court enters it as an order when it finds the amount is in the child’s best interest. The child support guidelines are the starting point. Under Section 154.125 of the Texas Family Code, they set support as a percentage of the paying parent’s monthly net resources (income after taxes and certain other deductions), up to a cap the state adjusts every six years ($11,700 a month as of September 1, 2025):

Lower percentages apply when the paying parent’s net resources are under $1,000 a month. As an illustration, a parent with $5,000 in monthly net resources and two children would pay $1,250 a month under the guidelines.

The decree also sets out how support is paid. The court orders payments made through the state disbursement unit, the state office that processes and records child support, and generally orders them withheld from the paying parent’s paycheck. The decree must also order medical and dental support, such as health insurance for the child. Support generally continues until the child turns 18 or finishes high school, whichever is later, and agreed support terms are enforced the same way as the parenting plan. Child support is one of our primary practice areas, so we can check an agreed amount against the guidelines before the decree goes to the judge.

Starting Your Uncontested Divorce in San Antonio

Reaching an agreement with your spouse takes real effort, and the decree is where that work becomes a court order. Prince Contreras PLLC offers after-hours or weekend appointments by request, so you can meet with an attorney around your work and family schedule. Call 210.227.7821 or contact us today to schedule a free consultation about your uncontested divorce in San Antonio.