What Is an Uncontested Divorce in San Antonio, Texas?

On Behalf of Kevin E. Sralla | August 15, 2025 | Blog

Are you considering a divorce in San Antonio? You’re likely already facing enough stress. The idea of a long, expensive, emotionally draining legal battle might feel overwhelming. But not every divorce has to end up in a courtroom showdown. For many couples, an uncontested divorce offers a simpler, faster, and far less painful path forward, with meaningful time savings and emotional relief.

So, what exactly is an uncontested divorce, and is it the right path for you?

What Is an Uncontested Divorce in Texas?

An uncontested divorce is a type of divorce where both spouses agree on all major issues. That means you and your spouse are on the same page about:

• Division of marital assets and debts
• Child custody and visitation (if applicable)
• Child support
• Spousal support
• Any other legal matters related to the family law case

In other words, there’s nothing to “fight over” in court. Once both parties agree, a judge decides whether to approve your final agreement.

Uncontested divorces are often quicker, cheaper, and less emotionally taxing than contested divorces, especially when guided by skilled attorneys for divorce who handle all documents properly and fairly.

Why Do San Antonio Couples Choose Uncontested Divorce?

While every marriage (and divorce) is different, many local couples opt for an uncontested divorce because they want:

• Privacy – Courtroom battles are public, but an uncontested divorce allows couples to avoid unnecessary court hearings and keep their matters private.
• Cost Savings – No trial = no high legal fees. You save significantly on court fees, attorney fees, and time off work. In most cases, the total uncontested divorce cost is a fraction of a contested case.
• Emotional Peace – You’ve already decided to separate. Choosing a cooperative process instead of a combative one can minimize emotional challenges for both parties and minor children.
• Speed – Uncontested divorces usually finalize in a few months, often as little as 60 days after the original petition is filed.

Is an Uncontested Divorce Right for Me?

If you and your spouse can communicate openly and respectfully and are willing to compromise, an uncontested divorce could be a great option.

But even if you’re unsure, talking to an experienced San Antonio divorce lawyer early can help you explore your options and avoid missteps. It’s about protecting your peace, your finances, and your family.

How the Uncontested Divorce Process Works in San Antonio

Here’s how the legal process generally unfolds:

1. Agreement on All Issues

Before filing, both spouses must agree on property, parenting, and finances. If you’re unsure how to handle marital property division, a knowledgeable divorce settlement lawyer can help you reach a fair settlement agreement.

2. Drafting and Filing the Divorce Petition

One spouse files the original petition for divorce with the clerk’s office of the local court. At this point, your attorney may also help prepare supporting documents like a civil case information sheet or divorce forms.

3. Waiver of Service

Since both parties agree, the other spouse (the respondent) signs a Waiver of Service. This skips the need to legally serve the papers. If not, a process server may deliver a divorce summons. If that’s the case, however, your divorce may not be uncontested.

4. Waiting Period

Texas law requires a 60-day waiting period, unless there’s a history of family violence. You or your spouse must have lived in the state for at least six months and the county for at least 90 days to meet residency requirements.

5. Final Divorce Decree

The court may schedule a short hearing if all documents are in order. Once the judge decides everything meets the state’s laws, you’ll receive a final decree, and your divorce is official.

The process for an uncontested divorce in Texas is simple. However, you should not go through it alone. A knowledgeable San Antonio divorce lawyer protects your rights and makes sure no legal details go overlooked.

What If We Start Amicable … But Things Get Tense?

Sometimes, despite best intentions, spouses disagree after the process begins. Maybe someone reconsiders child custody, real property, or retirement accounts. This necessarily means the case becomes contested.

A qualified San Antonio divorce lawyer can still guide you through revisions or mediation to preserve what has been agreed upon. If needed, one spouse may file a counterpetition, or the court may classify it as a default divorce if one party doesn’t respond.

Do I Still Need a Lawyer for an Uncontested Divorce?

You can file pro se (without an attorney). However, pro se representation can be risky if you don’t understand the legal consequences, especially when minor children, marital assets, or significant issues like business ownership are involved. Even when everything seems easy, divorce requires careful attention to:

• Legal definitions of community property and separate property
• Detailed property division
• Parenting plans that must comply with Texas law
• Accurate e-filing procedures and court scheduling
• And much more

Think of it this way: just because a flight is smooth doesn’t mean you don’t need a skilled pilot. Working with a divorce settlement lawyer ensures you meet all legal requirements and avoid common mistakes in your divorce proceedings.

Peaceful Endings Start with the Right Guide. Let’s Navigate This Together

At Sralla Family Law, PLLC, we understand the personal and emotional dimensions of divorce. Whether you’re starting over or making space for a healthier future, our job is to guide you through every step of the legal process without judgment and with total clarity.

We believe in more than just paperwork. We believe in people and are committed to helping you move forward with dignity and strength. Because when it comes to family, there’s no such thing as “just legal.” There’s only what’s right for you.

We’re proud to serve families across San Antonio and the greater Texas community. Call us today at (210) 212-5656(210) 212-5656 or complete our confidential online form to schedule an initial consultation. We’ll listen to your story, answer your questions, and walk you through the process, every step of the way.

With the Strength Of A Giant, Heart Of A Neighbor, We Are Your San Antonio Law Allies.

Copyright © 2025. Sralla Family Law, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Sralla Family Law, PLLC
542 E. Highland Blvd.
San Antonio, Texas 78210
(210) 212-5656(210) 212-5656
https://www.familylawsanantonio.com/