Navigating Divorce Amicably: Uncontested Divorce In San Antonio

Last updated on September 9, 2026

Divorce is a difficult decision, but sometimes both spouses agree it’s the best path forward. If you’re facing an uncontested divorce in San Antonio or Bexar County, you may wonder how to proceed. The experienced uncontested divorce lawyers at Kell and Quilty, PLLC, can guide you through the legal process efficiently and effectively.

What Is An Uncontested Divorce In Texas?

An uncontested divorce is one where both spouses agree on all issues related to the divorce, including property division, child custody (if applicable) and spousal support. This type of divorce can be much faster and less expensive than a contested divorce.

Is An Uncontested Divorce Right For You?

An uncontested divorce can be a good option if:

You and your spouse have already reached an agreement on all divorce-related issues.
You have minimal assets and debts to divide.
There are no minor children involved.

Often, an uncontested divorce is a simpler path to accomplishing your goals. However, there can be complications, such as dividing complex assets and navigating child custody issues.

How The Uncontested Divorce Process Works In Texas

An uncontested divorce still requires court filings and several steps before the divorce becomes final. In Bexar County, that process generally involves these steps:

File the divorce petition: One spouse submits an Original Petition for Divorce with the Bexar County District Clerk. This filing starts the divorce case and tells the court what the spouse is asking for.
Provide legal notice: The other spouse must receive the required legal notice or complete an appropriate waiver, depending on the circumstances. This step formally notifies your spouse about the divorce case and gives them an opportunity to respond.
Complete the waiting period: Texas generally requires at least 60 days to pass after the divorce suit is filed before the court can grant the divorce. Limited statutory exceptions apply in certain family-violence situations.
Complete the prove-up: After the waiting period and completion of the required paperwork, the case can proceed to a prove-up, which allows the judge to review the terms the spouses have agreed upon. For an uncontested divorce in Bexar County, the court may use an affidavit or sworn interrogatories to establish the facts needed to finalize the divorce. The parties also submit their agreed Final Decree of Divorce, which sets out the terms of the divorce.
Receive the final decree: If the court finds that the requirements are met, the judge signs the Agreed Final Decree of Divorce, making the divorce final.

If the spouses have children, their agreement must also address child custody and visitation and child support.

Texas Residency Requirements

Before filing in Bexar County, one spouse generally must satisfy Texas’s six-month residency requirement and the county’s 90-day residency requirement. These residency requirements are separate from the 60-day waiting period.

Uncontested Vs. Contested Divorce: Cost And Time

An uncontested divorce is typically less expensive and takes less time than a contested divorce because the spouses have already resolved the issues between them. When both sides agree, the case may require less negotiation, discovery, court involvement and preparation for hearings or trial.

The difference often comes down to how much remains to be resolved:

Cost: An uncontested divorce may involve fewer attorney hours and less court involvement. A contested case can cost more when disputes require additional negotiation, discovery, hearings or trial.
Time: An uncontested case may be ready to finalize after the required waiting period and completion of the necessary paperwork and court process. Depending on the circumstances, that may take several weeks. Significant disagreements can extend the timeline of a contested divorce, especially if additional hearings, discovery or trial are required.
Court involvement: Uncontested cases generally involve fewer disputed issues for the court to decide. A contested case may require multiple hearings and, in some cases, a trial.
Emotional strain: A longer divorce can create more uncertainty and stress for both spouses, particularly when disagreements continue over finances, property or children.

An uncontested divorce is not right for every couple. High conflict, complex property, complicated finances or concerns about concealed assets may call for a more involved process. Disputes about custody, visitation or child support can also prevent a complete agreement. In those situations, a high-conflict divorce may require a different approach.

When An Uncontested Divorce Becomes Contested

An uncontested divorce depends on both spouses continuing to agree throughout the case. If either spouse stops agreeing on an important issue, the case may become contested.

One spouse may withdraw cooperation or disagree with the final documents. A new dispute may arise over property, debts, finances or support. A spouse may also suspect that the other has not disclosed all assets. When children are involved, disagreements over custody, visitation or child support may prevent an agreement.

If the spouses cannot resolve these issues, the case may proceed as a contested divorce. Kell and Quilty, PLLC, can help clients assess their options and represent clients through either an agreed or contested divorce.

We Advocate For You, Even In Uncontested Divorces

While an uncontested divorce involves agreements, it’s important to have our skilled uncontested divorce lawyers on your side. We’ll protect your interests and ensure the final decree reflects your wishes. Have questions about your situation? Orlando Kell and Maria Quilty have helped many San Antonio couples navigate uncontested divorce efficiently and without conflict. Call 210-904-0282 or contact us online to schedule a consultation.

Frequently Asked Questions About Uncontested Divorce

Understanding the divorce process can help you prepare for what to expect. Here are answers to common questions about uncontested divorce in Texas.

What is the 60-day waiting period for divorce in Texas?

Texas generally requires at least 60 days to pass after a divorce suit is filed before the court can grant the divorce. Limited statutory exceptions apply in certain family-violence situations.

Can I get an uncontested divorce in Texas if we have children?

Yes. Having children does not prevent an uncontested divorce. Both spouses must agree on the issues that affect their children, including custody, visitation and child support. The court must also approve the final orders addressing those issues.

What happens if my spouse changes their mind during an uncontested divorce?

If your spouse no longer agrees to the terms, the case may no longer qualify as uncontested. You may be able to discuss the disagreement and negotiate a new agreement. If you cannot resolve the dispute, the case may proceed as a contested divorce.

How much does an uncontested divorce cost compared to a contested divorce in Texas?

An uncontested divorce is typically less expensive because an agreement can reduce attorney time, negotiation and court involvement. A contested divorce can cost more when disputes require additional preparation, discovery, hearings or trial.

Do I need a lawyer for an uncontested divorce in Texas?

Texas does not require every person to hire a lawyer to file for divorce. However, an attorney can explain legal requirements, review documents and help identify issues that may affect your rights or interests.

Get Started Today

If you’re considering an uncontested divorce in San Antonio, contact our attorneys at Kell and Quilty, PLLC, today. Schedule a consultation to discuss your specific situation and learn how we can help. Call 210-904-0282 or contact us online to get started. Our attorneys handle only family law – so when you call, you’re speaking with someone who knows this process inside and out.