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Uncontested Divorce Without Children or Property in Houston

If you and your spouse have no children together and little or no property, an uncontested divorce can be fairly straightforward. Still, mistakes in the paperwork can delay the case or leave issues unresolved. Basu Law Firm, PLLC prepares agreed divorces for Houston-area spouses. Attorney Annie Basu is responsible for this page.

Person signing divorce documents with a pen – uncontested divorce Houston

“No Property” Usually Means Something

Even without a house, most couples have vehicles, bank accounts, retirement accounts, or debts. Texas presumes property acquired during marriage is community property (Tex. Fam. Code § 3.003), and the court divides the estate in a manner it considers “just and right” (§ 7.001). An agreed decree should list who keeps what and who pays which debts.

Restoring a Former Name

The court may change a spouse’s name back to a former name in the divorce decree (Tex. Fam. Code § 6.706), which is usually simpler than a separate name-change case.

Step by Step: Simple Uncontested Divorce in Harris County

  1. Confirm residency: six months in Texas and 90 days in Harris County for at least one spouse (Tex. Fam. Code § 6.301).
  2. Gather information: full names, dates of birth, date of marriage and separation, and a list of property and debts.
  3. File the Original Petition for Divorce with the Harris County District Clerk. The case is assigned to a family district court.
  4. Respondent signs a Waiver of Service after the petition is filed, or is served by a process server or constable.
  5. Prepare the Agreed Final Decree of Divorce, dividing property and debts and restoring names if requested.
  6. Both spouses sign the decree.
  7. Wait at least 60 days from filing (§ 6.702).
  8. Finalize at a prove-up hearing or by submission, as the court allows.
  9. Get certified copies of the signed decree from the District Clerk.

What Property to List

Even in a “no property” divorce, consider:

  • Vehicles, including who keeps each and who pays the loan
  • Bank accounts and cash
  • Retirement accounts, pensions, and 401(k)s earned during marriage
  • Household furniture and personal items
  • Debts: credit cards, car loans, student loans, and medical bills
  • Tax refunds or liabilities for the year of divorce

Separate Property

Property owned before marriage, or received by gift or inheritance during marriage, is generally separate property and is not divided (Tex. Fam. Code § 3.001). A spouse claiming separate property generally must prove it by clear and convincing evidence (§ 3.003(b)).

Debts and Creditors

A divorce decree can assign who pays a debt between the spouses, but it doesn’t change the contract with the creditor. If a joint account isn’t refinanced or paid off and the other spouse doesn’t pay, the creditor may still pursue both.

Texas courthouse columns – uncontested divorce without children Houston

After the Divorce

  • Update your name with the Social Security Administration and Texas DPS, if restored.
  • Change beneficiaries on life insurance and retirement accounts.
  • Update your will.
  • Separate any joint accounts.

Mistakes to Avoid

  • Leaving out a retirement account; dividing it later can be difficult.
  • Signing the waiver of service before the petition is filed.
  • Assuming a decree removes your name from a joint loan.

Frequently Asked Questions

How fast can we get divorced in Texas?

Not sooner than 60 days after filing, in most cases. Court schedules affect timing after that.

Does my spouse have to go to court?

Often no, if they sign a waiver of service and the agreed decree. See our Waiver of Service page.

Do we have to be separated before filing?

No. Texas does not require a separation period before filing for divorce.

Can we use the Texas Supreme Court forms?

Texas has approved forms for uncontested divorces without children or property, but they may not fit every situation. Having a lawyer review your case helps avoid mistakes.

Calendar and planning papers on a desk for a new start – agreed divorce Houston
What if my spouse won’t sign?

Then the case may proceed by service and possibly as a default, or as a contested case. It’s no longer uncontested.

How much does a consultation cost?

Consultations for uncontested family law matters require a consultation fee. Call (713) 460-2673 to schedule.

Basu Law Firm at a Glance

  • 1,500+ family law matters (firm records through October 31, 2026)
  • Rated 4.8 stars from 960+ Google reviews (as of October 2026)
  • Serving Houston clients since 2006, per firm records
  • Office at 8612 Long Point Rd, Houston, TX 77055 · Se habla español

Case figures are counts of matters logged in Basu Law Firm’s internal records as of October 2026 and include matters with all kinds of outcomes. Google reviews reflect the individual opinions of the reviewers. Past results and reviews do not guarantee or predict a similar outcome in any other matter; every case depends on its own facts.

Talk With Basu Law Firm

Consultations for uncontested family law matters require a consultation fee. Call (713) 460-2673 or email info@basulaw.com to schedule. Se habla español.

Attorney Advertising & Disclaimer

Attorney advertising. Responsible attorney: Annie Basu, Basu Law Firm, PLLC, 8612 Long Point Rd, Houston, TX 77055. This page provides general information about Texas law and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and no particular outcome is promised. Unless a page states otherwise, the attorneys of Basu Law Firm are not certified by the Texas Board of Legal Specialization. Laws change; information is current as of the date of review and should be confirmed for your situation.

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