Do You Qualify for an Uncontested Divorce in Bexar County? Find Out Here
A lot of people start the divorce process thinking everything’s uncontested – until it’s not. In Texas, and especially in Bexar County, there are clear lines that define whether your divorce qualifies as truly uncontested.
If you and your spouse already agree on everything – custody, support, property, retirement accounts – you might be able to finalize your divorce in just 60 days. But if even one piece is up in the air, that could throw you into contested territory and change the entire process.
So let’s break it down:
- What makes a divorce legally uncontested in Texas?
- How do you know if you really qualify?
- And what happens if you think you’re uncontested… but you’re not?
If you’re aiming for a smooth, affordable divorce – this is what you need to know before filing.
What Does “Uncontested” Actually Mean?
In Texas, an uncontested divorce means you and your spouse are already on the same page about everything. Not most things – everything. We’re talking:
- Who gets custody of the kids
- The visitation schedule
- Child support (down to the dollar)
- Who keeps the house, car, and personal property
- How debts and retirement accounts are divided
If you’re not negotiating or arguing, and you’re just needing the paperwork filed and finalized, then yeah – you’re probably looking at an uncontested divorce.
But here’s where things go sideways:
- If I’m still calculating child support for you – that’s not uncontested.
- If I’m having to talk him into expanded standard possession – that’s not uncontested.
- If there’s hesitation on either side – even if it feels minor – that’s enough to change how we handle your case.
An uncontested divorce is about more than agreeing in principle – it’s about having a full, working agreement that’s ready to be signed and filed. Anything short of that, and we’re looking at a different path.
Do You Actually Qualify? Common Dealbreakers
This is where people get tripped up. You think you’re uncontested because you’re not yelling at each other… but legally, that’s not the standard.
You qualify for an uncontested divorce only if every detail is already agreed on, in writing or ready to be signed. That includes:
- The exact child support amount (not “we’ll figure it out later”)
- Who gets what – the house, cars, bank accounts, credit cards
- The custody schedule, including holidays and pickups
- Whether you’re using standard or expanded standard possession
- Tax issues like who claims the kids
- Retirement accounts, QDROs, and other financials
If even one piece is unclear or still up for discussion, the case stops being uncontested – and that changes how long it takes and how much it costs.
Here’s a quick comparison to help you check where you really stand:
| Truly Uncontested | Actually Contested |
|---|---|
| You both agree on custody, visitation, support | One parent wants more time or different support terms |
| Property division is fully decided | One of you won’t agree on splitting assets or debts |
| You’re both ready to sign everything as-is | One person wants to change wording or delays signing |
| No negotiating needed – just filing and proving | You’re still working out terms or asking legal advice |
Real talk: If I’m still trying to get agreement from the other side – even if it’s just one detail – we’re not filing this as uncontested. That doesn’t mean we can’t get there, but it does mean we need to slow down and handle it the right way.
Uncontested Divorce Timeline in Bexar County
So how long does it actually take to get divorced in Bexar County if everything’s uncontested?
The short answer: 60 days.
That’s the mandatory waiting period in Texas from the date your case is filed. The clock starts the day your petition is stamped by the clerk.
If all your paperwork is ready to go, your spouse signs what they need to sign, and there are no hold-ups – you can walk into court on day 61, prove it up, and walk out divorced.
Here’s what the timeline usually looks like:
- File the petition – this officially starts your case.
- Get signatures – usually a waiver of service or a signed answer from the other party.
- Prepare the final decree – this is the detailed agreement covering custody, property, support, etc.
- Wait out the 60-day period – required by law, even if you’re ready before that.
- Go to court – a short prove-up hearing where the judge signs off and finalizes everything.
Pro tip: In Bexar County, courts move fast when everything’s done right. But if your forms are missing something – or you’re still tweaking details at day 59 – that quick divorce becomes a waiting game.
Cost of an Uncontested Divorce in San Antonio
Let’s talk about cost – because this part always matters.
If your divorce is truly uncontested, and you’re walking in with everything ready to go, it can be one of the most affordable ways to get things done. You’re basically paying for the paperwork, the legal filing, and the court appearance.
But if you’re still figuring things out during the process – or asking your attorney to fix back-and-forth issues between you and your spouse – that’s going to add time and raise your fee.
Here’s a general breakdown for San Antonio area cases:
| Scenario | Estimated Cost (Attorney Fees Only) |
|---|---|
| 100% uncontested (everything settled) | $1,000 – $1,800 |
| Mostly uncontested (some minor cleanup) | $2,500 – $3,500+ |
| Court filing fees (Bexar County) | $350-450 (paid separately to the district clerk) |
| Optional extras (certified copies, QDROs) | Varies depending on case |
A good rule of thumb? The fewer questions you ask – and the less back-and-forth your lawyer has to handle – the less it’s going to cost. If you and your spouse already have your agreement locked in, that’s going to save you both time and money.
What Happens If It Turns Contested Midway?
It happens more often than you’d think – a couple starts off thinking everything’s uncontested, but somewhere along the way, someone changes their mind or refuses to sign.
That one snag can shift your whole case into contested territory.
Maybe it’s child support. Maybe someone suddenly wants more visitation time. Maybe one person doesn’t like the way the final decree is worded. Whatever it is, if even one part of your agreement falls apart, your uncontested divorce just turned into a contested one.
Here’s what that usually means:
- More attorney time
- Delays in finalizing paperwork
- Possibly scheduling mediation
- Temporary orders or even court hearings
The fix? Communication and commitment. If both parties stay on the same page, everything moves quickly. But if someone backs out, you’ll need to regroup – and that means more time, more legal work, and yes, more money.
Quick tip: If you’re not sure your spouse is fully on board or likely to follow through, it’s better to plan ahead for that – not wait until the 60-day mark to find out.
How to File an Uncontested Divorce in Bexar County
If your case is truly uncontested and ready to go, filing in Bexar County is a pretty straightforward process – especially when your paperwork is solid.
Here’s how it works:
1. Draft the Original Petition for Divorce
This starts the case. Your attorney prepares it and files it with the district clerk.
2. Get your spouse’s signature
Usually this means a signed Waiver of Service or a formal Answer. If they won’t sign, it’s no longer uncontested.
3. Prepare the Final Decree and related forms
This spells out everything – custody, support, property division, and anything else that matters.
4. Wait 60 days
Texas law requires a cooling-off period before finalizing the divorce. No skipping it.
5. Schedule your prove-up hearing
Once the 60 days are up, you (or your attorney) appear in front of the judge. If everything checks out, the judge signs the Final Decree and your divorce is finalized.
Important: Even with a simple case, paperwork can derail things if it’s not done exactly right. Each county has its own way of handling family cases, and Bexar has its own local preferences. That’s why most people hire an attorney – not for the fight, but for the file.
FAQs about Uncontested Divorce in Texas
Can we get divorced in Texas faster than 60 days?
Nope. Texas law requires a 60-day waiting period from the day you file. Even if you agree on everything, that clock has to run out before a judge can sign your Final Decree – no exceptions unless there’s family violence involved.
Do we have to go to court if everything is uncontested?
Yes, but it’s usually a very short appearance. This is called a “prove-up.” One of you (or your attorney) will answer a few basic questions in front of a judge. It’s quick and informal, especially if everything is in order.
What if my spouse won’t sign the paperwork?
Then it’s not uncontested. If your spouse refuses to sign a waiver or answer, or they disagree with part of the decree, the case becomes contested and follows a different process.
Can we split everything informally without a lawyer?
You can, but we don’t recommend it. If your paperwork is wrong or incomplete, the court might reject it – or worse, approve something that causes problems later. A clean decree matters, especially when kids or property are involved.
Is a flat fee available for uncontested divorce?
Usually, yes – but only when the case is truly uncontested and straightforward. If your agreement is solid and you’re ready to sign everything, most attorneys offer a flat rate. If the situation changes or gets complicated, that fee will usually shift to hourly or tiered pricing.
Can we use the same attorney for both of us?
No. An attorney in Texas can only represent one party in a divorce. If both of you agree on everything, one person can hire the attorney and the other can choose not to get separate counsel – but the attorney legally represents just one side.
Does uncontested mean we have to be “amicable”?
Not necessarily. You don’t have to be best friends – you just have to agree. Even if communication is limited, as long as both parties are willing to sign and move forward, the process can still qualify as uncontested.
Ready to File Your Uncontested Divorce in Bexar County?
If you’re ready to get your uncontested divorce handled quickly and cleanly – and you want someone to make sure the paperwork’s done right – give me a call.
I’m Brandi Wolfe, your San Antonio divorce attorney, and I handle uncontested divorces across Bexar County and surrounding areas. We’ll walk through where your case stands, what you need, and how to keep things on track from start to finish.
Call (210) 571-0400 to get started, or visit us online to book your consultation.