Divorce by agreement is a type of uncontested divorce. With uncontested divorces by agreement, spouses agree on divorce issues, such as property distribution, child custody support and spousal support. They resolve the problems and determine the terms without the court’s decision.
In Texas, to end the marriage by agreement, one spouse must file a petition for divorce with the appropriate court. The other spouse must receive a copy of the petition giving notice of the divorce filing. The filing spouse must also fill out and sign a final decree of divorce form before going to court. The other spouse also signs the divorce decree form. The spouses then go to court for a hearing for the uncontested divorce. The court reviews the agreement and other relevant documents for approval. The judge signs the final decree after accepting the spouses’ agreed terms.
The court cannot grant the divorce until at least 60 days after filing the petition. The waiting period applies even if the spouses agree to all of the issues in the divorce case. However, a judge can finalize a divorce before the 60-day requirement in two situations: 1) the spouse who did not file receives a conviction for violence against the filing spouse or other member in the household, or 2) the filing spouses has a current protective order against the other spouse for family violence during the marriage.