Uncontested Divorce in New Braunfels, Texas

In New Braunfels and throughout Comal County, an uncontested divorce is one where both spouses agree on every issue the court has to decide: how to divide property and debts, whether anyone will receive support, and, if there are children, how the parents will share rights, time and support. Nothing is left for the judge to resolve except approving the agreement.

For many local couples, this is the most practical way to end a marriage, and it is the type of case a divorce attorney can often handle for a flat fee. It takes less time, costs less and keeps decisions in the hands of the people who know the family best. It is not a shortcut around the law, though. The same Texas rules apply; the spouses simply reach the outcome together instead of fighting over it.

Who Is a Good Fit for an Uncontested Divorce?

An agreed divorce tends to work well when:

• Both spouses want the divorce, or at least accept that it is happening.
• You can communicate well enough to exchange information and sign documents.
• You have a fairly clear picture of your assets and debts.
• There is no ongoing family violence or serious safety concern.
• Neither spouse is hiding money or pressuring the other to sign.

It can still work when there are children, a house, retirement accounts or a small business. It just takes more careful drafting. What matters most is honest disclosure and a genuine meeting of the minds.

An uncontested divorce is usually not a good fit if one spouse feels intimidated, if there are protective order issues, or if one spouse controls all the financial information and will not share it. In those situations, the protections of a contested divorce, such as formal discovery and temporary orders, may be necessary.

The Steps in an Uncontested Divorce in Comal County

1. Confirm residency and the right county

One spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days. Because New Braunfels straddles Comal and Guadalupe counties, double-check your county before anything is filed. Some neighborhoods with a New Braunfels address are actually in Guadalupe County, so the case would go to the Guadalupe County district clerk in Seguin instead. Our page on where to file walks through this.

2. Work out the terms

Before drafting, the spouses need to agree on:

• Who keeps the house, cars and household items
• How bank, investment and retirement accounts will be divided
• Who pays which debts, including credit cards and loans
• Whether either spouse will pay contractual alimony or court-ordered maintenance
• For parents: conservatorship, the possession schedule, child support, health insurance and uninsured medical costs

3. File the Original Petition for Divorce

The spouse who files is the petitioner. The petition is filed with the district clerk and starts the 60-day waiting period.

4. Handle service the easy way

Rather than having a constable or process server deliver papers, the other spouse can sign a Waiver of Service after the petition is filed. Texas has specific requirements for that document, which we cover on our page about divorce papers and signatures.

5. Draft and sign the Agreed Final Decree

The decree is the most important document in the case. It is what title companies, retirement plan administrators and future judges will read. A vague decree can cause problems years later, so this is where careful drafting pays off. Retirement accounts often also need a separate order, such as a QDRO.

6. Finalize after the waiting period

After the 60 days have passed, the decree is presented to the judge. Depending on the court’s procedures, the petitioner may attend a brief hearing to give testimony that supports the divorce, or the court may allow the decree to be submitted another way. The judge signs the decree and the divorce is final.

How Long Does It Take?

Texas law generally requires a 60-day waiting period from the date of filing. The judge can usually sign the decree on the 61st day or later. In practice, an organized uncontested case often wraps up within roughly two to three months of filing. Delays usually come from:

• Waiting on one spouse to sign
• Gathering account statements or retirement plan information
• Rewriting terms after a late disagreement
• The court’s hearing calendar

For a broader look at timing, see our divorce timeline page.

What Does an Uncontested Divorce Cost?

An agreed divorce is usually the least expensive way to divorce with legal help. Because the scope is predictable, our firm offers flat fees for many uncontested divorces, so you know the cost up front. Court filing fees are separate. Filing fees change from time to time, so check the current fee schedule with the district clerk. People who cannot afford court costs may be able to file a Statement of Inability to Afford Payment of Court Costs.

Our cost of divorce page compares agreed and contested cases in more detail.

Common Mistakes in Do-It-Yourself Agreed Divorces

Many people start with free online forms, and for some very simple cases that can work. Problems tend to arise when:

• Retirement is left out or worded loosely. A 401(k) or pension may not be divided correctly without a proper order.
• The house is “awarded” but the mortgage is ignored. The spouse who leaves may still be on the loan.
• Child support is set by handshake. Courts generally need support to follow the Texas guidelines or include findings that explain why not.
• Signatures are not done correctly. A waiver signed before the petition was filed, or not properly sworn, may not be accepted.
• Debts are assigned without a plan. Creditors are not bound by your decree, so the decree needs to address what happens if a spouse does not pay.

Even if you plan to handle much of the process yourself, a review by a lawyer before you sign can catch issues that are hard to fix after the decree is entered.

Is “Uncontested” the Same as “Default”?

No. In an uncontested divorce, both spouses participate and agree. In a default divorce, the other spouse was served but never responded, and the court proceeds without them. A default case has different rules and requires more proof from the spouse who filed.

Protecting Yourself While Staying Cooperative

Agreeing does not mean giving up your rights. A few simple practices keep an agreed divorce fair:

• Exchange real numbers: account balances, retirement statements and recent pay stubs.
• Use guideline child support as your starting point.
• Read the entire decree before you sign, not just the summary.
• Ask questions about anything that seems unclear, especially dates and dollar amounts.

Talk With a New Braunfels Divorce Attorney

If you and your spouse are on the same page, New Braunfels Family Law can help you put that agreement into a decree that holds up in Comal County or wherever your case belongs. Our office offers a free consultation by phone, video or in person, and flat fees for many uncontested divorces. Hablamos español. Call (830) 302-4071 to get started.

Last reviewed November 13, 2026. General information only, not legal advice.