Uncontested Divorce Lawyer Montgomery County

For couples who agree on the major terms of separation, an uncontested divorce can be an efficient and cost-effective path forward. Duckworth & Ray helps Montgomery County, Texas, residents complete this process smoothly by managing the legal details and ensuring all documentation is thorough and accurate. As your dedicated uncontested divorce lawyer, we aim to keep the experience straightforward and respectful, allowing you to transition into the next chapter of your life without unnecessary conflict. If you’re ready to move forward with a simplified divorce process, call 936-681-7093 to schedule your free consultation.

How Long Does an Uncontested Divorce Take in Texas?

Many couples in Montgomery County choose an uncontested divorce because it is often faster, less stressful, and more affordable than a contested case. Even when both spouses agree on all major issues, the process still follows specific legal requirements under Texas law. Knowing how long an uncontested divorce usually takes helps you plan ahead and avoid unnecessary delays. While every situation is slightly different, the general timeline shares several predictable stages.

The Mandatory Waiting Period Sets the Baseline

Texas law requires a 60-day waiting period before a divorce can be finalized. This waiting period begins the day you file the Original Petition for Divorce. The purpose of this window is to give both spouses time to think through their decisions and confirm that divorce is the right step. Even when everything is agreed upon, the court cannot finalize the divorce before the sixtieth day unless there are specific exceptions, such as certain cases involving family violence.

This waiting period is often the main reason uncontested divorces cannot be completed faster. It functions as the legal minimum. While it may feel long, most couples use this time to gather documents, finalize agreements, and prepare the decree. In many cases, this ensures the divorce is ready for court as soon as the waiting period ends.

Finalizing Agreements Before Filing Shortens the Process

The timeline can vary depending on how prepared the couple is before filing. If both spouses have already discussed and agreed on property division, parenting plans, support terms, and other details, the process moves much more quickly. Couples who enter the process with unresolved issues may find that the “uncontested” label becomes less accurate, slowing progress.

To keep the timeline short, it helps to have conversations about key decisions ahead of time, including:

How to divide property and debts
Where the children will live
A visitation schedule
Who will pay support and how much
How to handle retirement accounts
How to manage the marital home

When these points are settled before filing, the divorce can move through the required 60-day wait with minimal extra steps.

Serving the Other Spouse or Signing a Waiver

After filing the petition, the responding spouse must receive formal notice. In an uncontested case, this is usually done through a waiver of service. A waiver is a signed document stating that the spouse does not need to be formally served by a process server. This step speeds up the process significantly because it avoids waiting for official service and potential delays.

If the spouse prefers not to sign a waiver, formal service is required. This usually adds some time to the schedule because the process server must locate the spouse and deliver the documents. For uncontested cases, most people choose the waiver to keep everything simple. Once the waiver is signed and filed with the court, both spouses can proceed to prepare the final paperwork.

Preparing the Final Divorce Decree

The Final Decree of Divorce is the document that outlines all agreements and responsibilities. Even in uncontested cases, this document must be precise and complete. Lawyers often prepare the decree, but some couples draft it themselves if their circumstances are straightforward. However, errors in the decree can cause delays because the court may require corrections before holding a final hearing.

Preparing the decree may take a few days or a few weeks depending on how complex the agreement is. Issues involving real estate, retirement accounts, or detailed parenting plans take longer to finalize. Clear communication between both spouses, and between each spouse and their attorney if they have one, plays a large role in how quickly the decree is ready.

Court Availability Can Affect the Final Date

Even when everything is ready exactly on day 60, the divorce cannot be finalized until a judge is available to review and sign the decree. Montgomery County courts generally process uncontested divorces efficiently, but court schedules still influence the final date.

Some courts allow uncontested cases to be heard quickly, while others require scheduling in advance. In most situations, spouses appear before the judge for a brief “prove-up.” This is a short hearing where the filing spouse answers basic questions confirming the agreement and intent to finalize the divorce. When everything is in order, the judge signs the decree, completing the process.

Because court availability varies, the overall timeline is often around 61 to 90 days for most uncontested divorces.

Complex Issues Can Extend the Timeline

While uncontested divorces are designed to be simple, certain issues can require additional time even when both spouses agree. These include:

Detailed property division involving multiple assets
Retirement accounts that require separate orders (such as a QDRO)
Questions about tax obligations
Parenting plans that need fine-tuning
Out-of-state spouses who need extra time for signatures
Joint business ownership
Unavailable or unresponsive spouses

These factors do not automatically make the case contested, but they can slow down the final preparation of documents.

Mediation Helps Resolve Sticking Points Quickly

Some couples start the process believing everything is agreed upon, only to discover disagreements on certain details. When this happens, mediation can help resolve differences without turning the case into a contested divorce.

Mediation is often efficient and keeps the timeline short because the mediator helps guide both spouses toward practical solutions. For uncontested divorces, mediation may last only a few hours. Once agreement is reached, the final decree can be updated accordingly, and the case remains on track.

Missing Documents Can Delay Progress

An uncontested divorce moves quickly when all required documents are filed correctly and on time. Missing or incomplete forms are a common reason for delays. The court may reject documents that include errors, missing signatures, unapproved changes, or mismatched information. Each correction adds time.

In Montgomery County, the filings required typically include:

The Original Petition for Divorce
The Waiver of Service or proof of service
The Final Decree of Divorce
Additional documents if children are involved, such as a parenting plan
Orders related to spousal or child support, when applicable

When these documents are complete and accurate, the timeline stays tight.

An Uncontested Divorce Usually Takes Two to Three Months

While the exact duration depends on the couple’s readiness and the court’s schedule, most uncontested divorces in Texas conclude between 61 and 90 days. Cases rarely finalize exactly on day 60 because the decree must be ready, the spouse must have signed the necessary documents, and a judge must be available. Still, the overall timeline remains much shorter than contested cases, which can take many months or even years.

If both spouses are cooperative, organized, and proactive, the process can move swiftly. The uncontested route is designed to reduce conflict and limit time spent navigating the court system.

What Makes an Uncontested Divorce Faster

There are several steps couples can take to keep the process moving at its quickest pace:

Agree on all terms before filing
Sign the waiver of service promptly
Gather financial and personal documents early
Respond to attorney questions quickly
Finalize the decree without unnecessary revisions
Keep communication open and clear

By staying organized, couples make it easier for the attorney and the court to process the case without delays.

Uncontested Does Not Always Mean Simple

Even though uncontested divorces are faster, they still involve important decisions that affect your long-term future. Parenting time, financial assets, and property rights must be handled carefully. A quick divorce is not always the best outcome if it sacrifices thoroughness or fairness. Many couples choose to work with an attorney to ensure the decree accurately reflects their intentions.

Understanding the Full Picture Helps You Prepare

The timeline for an uncontested divorce in Texas is shaped by the mandatory waiting period, the couple’s preparedness, and the court’s availability. When everything runs smoothly, the process is relatively short compared to contested divorces. For most couples in Montgomery County, the expected timeframe is a few months from start to finish.

By understanding the steps involved, you can approach the process with realistic expectations and avoid surprises along the way. Whether you are just beginning to discuss terms or preparing to file, knowing how the timeline works helps you make informed decisions and prepare for the next chapter of your life.

Simplify Your Path Forward With Uncontested Divorce Support

When both parties agree, an uncontested divorce offers a smooth and efficient way to finalize a marriage. Duckworth & Ray helps clients across Montgomery County, Texas, complete this process with accuracy and ease. As your dedicated uncontested divorce attorney, we ensure your agreement is fully documented, legally sound, and free from errors that could delay your case. Even in cooperative situations, experienced guidance provides peace of mind and security. If you’re ready to close this chapter with clarity and confidence, reach out to 936-681-7093 and let our team support your transition.