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NKH LAW FIRM

Uncontested Divorce

An agreed divorce, with a flat fee you can see from the start.

When both spouses agree on the terms, divorce does not have to be a long, unpredictable process. A clear scope, a written flat fee, and a steady hand through the 60-day waiting period can make the path feel manageable.

  • One written flat fee, quoted before work begins
  • Agreed property, debts, children, and support
  • Filing, drafting, and prove-up handled for you
Narmeen Hussein seated at her desk reviewing documents

The short answer

How does an uncontested flat-fee divorce work in Harris County?

In an uncontested divorce, both spouses agree on every term: property, debts, children, and support. After a consultation and conflict check, the firm quotes a flat fee in writing, prepares the petition and agreed decree, files in the proper county, and schedules the prove-up. Texas still requires a 60-day waiting period.

Statutory source: Texas Family Code §§ 6.301 and 6.702

01

Is my divorce eligible to be uncontested?

A divorce can usually be uncontested when both spouses agree on property, debts, children, and support, and both are willing to sign the necessary documents. Residency requirements still apply, and at least one spouse must have lived in Texas for six months and in the filing county for 90 days.

Agreement means both spouses accept the same terms: who keeps the house, how accounts and debts are divided, conservatorship and possession of the children, and the amount of child support. A general willingness to divorce is not enough if the details are still in dispute.

Texas can grant the divorce if the residency requirements are met, but the court's power over a nonresident spouse and property located elsewhere may be limited. The specific facts matter, and additional steps such as service by publication may be required.

A missing spouse does not necessarily prevent a divorce, but the case is no longer a simple agreed matter. Service by publication, alternative service, and default procedures may be needed. The court will require evidence that reasonable efforts were made to locate the spouse.

02

What is included in a flat-fee uncontested divorce?

A flat-fee package typically includes the petition, the agreed final decree, filing coordination, and the prove-up hearing. The exact scope — including revisions, e-filing fees, and post-decree changes — is confirmed in writing before the engagement begins, so there are no surprises.

Court filing fees, service fees, mediator charges, and work outside the agreed scope are generally separate. If the case becomes contested or requires hearings beyond the prove-up, the engagement may need to be revised. Those boundaries are explained in the written fee agreement.

The number of included revisions is set in the engagement letter. Most agreed decrees need one or two rounds of changes. If the terms keep shifting or a spouse introduces new demands, the matter may need to be re-scoped.

Only one spouse needs an attorney for the drafting and filing. The other spouse should have the opportunity to consult independent counsel before signing. A court may refuse to approve an agreement that appears unfair or the product of pressure.

03

How long does an agreed divorce take in Texas?

A Texas court cannot grant a divorce until 60 days after the petition is filed. Once the decree is signed and the waiting period has passed, the prove-up can be scheduled. Many agreed divorces finish in roughly 60–120 days, depending on the court's calendar and how quickly the documents are completed.

A prove-up is the short hearing where the judge reviews the agreed decree and confirms that the divorce should be granted. It can sometimes be handled by affidavit or submission, depending on the court. Both spouses usually do not need to attend if they have signed the agreed documents.

The petition can be filed while some details are still being negotiated, which starts the 60-day clock. The final decree should not be signed until both spouses agree on every term. Filing early can shorten the overall timeline when the remaining issues are simple.

The decree is the final order. Deeds, retirement transfers, name changes, and account updates may still need to be completed. Some documents must be recorded with the county clerk. The firm can identify the follow-up steps that apply to your agreement.

04

What about children, the house, and retirement in an agreed divorce?

An agreed decree can address conservatorship, possession, child support, the family home, retirement accounts, and debts — as long as both spouses accept the terms. The court reviews the children's provisions for their best interest, and some property transfers require separate documents after the divorce.

Yes, parents can agree to a different possession schedule, and courts often approve agreements that serve the children's best interest. The schedule should be specific enough to avoid future disputes: exchange times, holidays, travel, communication, and decision-making authority all belong in the decree.

Yes, if the other spouse agrees and the mortgage and equity are addressed. The decree should state who pays the mortgage, how the equity is divided, and what happens if the home is later sold or refinanced. A deed transfer alone does not remove a mortgage obligation.

The decree can award a portion of a retirement account to one spouse, but the plan may require a separate domestic relations order to process the transfer. The type of account, the community portion, and the plan's rules determine the documents needed. This should be planned before the decree is signed.

?Frequently Asked

Questions we hear often.

The firm quotes a flat fee after a consultation, once the scope is clear. The quote is confirmed in writing before work begins, and court filing fees and other third-party costs are identified separately. A short consultation is the fastest way to get an accurate number for your situation.

For an agreed divorce, yes — both spouses need to sign the agreed decree and the necessary waivers or acknowledgments. If one spouse will not sign, the case becomes contested and follows a different path.

Generally, yes, if the residency requirements are met and the marriage is recognized. The court may require a translated marriage certificate or other proof. International property, religious marriage contracts, and immigration issues should be discussed before filing.

Yes, when both parents agree on conservatorship, possession, and support. The decree must include the children's provisions, and the court reviews them for best interest. Cases with complex custody issues or safety concerns may not fit a flat-fee model.

A final decree can be modified if the circumstances of the children or a party have materially changed, or by agreement of both parties. Some provisions, such as property division, are difficult to change after the decree becomes final. Review the long-term consequences before signing.

The signed decree controls. If a spouse later refuses to follow it, the other spouse may need to file for enforcement or modification. Clear, specific language in the original decree reduces the chance of a return to court.

Talk it through

Have a flat-fee divorce question? Start with a clear next step.

A confidential 30-minute consultation with Narmeen K. Hussein is $150, by phone or video. Bring your questions — you will leave with a practical view of your options and timing.

Confidential. No obligation to retain.

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