Whether you and your spouse are undergoing mediation voluntarily or you’ve been ordered to attend mediation sessions by the court, you’re probably wondering what the total bill is going to look like. How much does divorce mediation cost in Texas, and are there ways to keep costs down?
There are a lot of different factors that have an impact on the price of divorce mediation, but the process often costs between $3,000 and $8,000. Understanding the elements that influence the cost can help you strategize to reduce the amount of this expense.
Total mediation bills in Texas often range from $3,000 to $8,000. There are a number of different factors that can influence how much mediation costs, which we will look into in detail in the next section.
The typical hourly rate for divorce mediators who are attorneys ranges from $250-$500 an hour, while non-attorney mediators often charge between $100 and $350 an hour. Where the mediator is located, their specialized training, their experience, and more can impact how much the sessions cost.
Texas courts will sometimes order spouses to undergo mediation before their divorce is finalized. Sometimes, the court will set the fee for mediation services. In some counties, mediation is a requirement as a part of the divorce process.
Even though the cost of mediation might seem pretty steep, this is usually a more affordable option than taking the case to court. Litigation in contested divorces can quickly drive the cost of divorce up into the realm of tens of thousands of dollars. For more information about the price of divorce, you can learn more in our guide to the cost of divorce in Texas.
There are a number of Dispute Resolution Centers in Texas that offer mediation services, often provided at a low cost or for free. In order to apply for these services, though, you typically have to meet specific financial requirements.
For example, the Dispute Resolution Center in Harris County, the largest county in Texas, disqualifies couples that make more than $80k a year combined or that have significant assets.
Even if you have to pay for private mediation sessions, the cost of mediation is often a lot cheaper than taking your divorce case to court.
One of the ways that people try to save money on divorce is by representing themselves rather than hiring an attorney. If your divorce and estate are fairly simple and there are no contested issues, this can be a reasonable way to proceed. You also might consider hiring a consulting attorney to help during mediation.
Before you choose to save money and forgo hiring a lawyer, though, read our post about DIY divorce in Texas to help you decide whether it’s the right choice. If you do decide that working with an attorney is the right choice, be sure to read this article about finding an affordable lawyer in Texas.
Estimating how much divorce mediation will cost requires that you incorporate a number of factors specific to your case. The details of your divorce, your location, the type of mediator you hire, and more will influence the total cost of mediation.
One of the variables that can impact the cost of divorce mediation is where in Texas you are getting a divorce.
As with many expenses in life, services such as mediation can be more expensive in major metropolitan areas or high-cost-of-living cities when compared to more rural areas. You will likely find that the cost of living in your area relates to whether you find yourself paying for mediation on the high or low end of the typical range.
You might find that hiring a mediator that is also an experienced divorce attorney will help you and your spouse successfully reach results that everyone is happy with. Typically, though, the fees are more expensive for attorney-mediators than for mediators that aren’t attorneys.
At the national level, rates for non-lawyer mediators tend to be between $100 and $350 an hour, while attorney mediators often charge between $250 and $500 per hour.
Another factor that will have a big impact on the total cost of divorce mediation is the specifics of your divorce. If you and your spouse have a complicated estate and you are showing up to mediation without having come to an agreement on most issues, mediation will probably take longer and therefore cost more.
Some divorce conflicts also take longer to reach a resolution, such as difficult custody disputes and the division of complex assets.
If you and your spouse only have a few smaller details to work out, though, it’s possible that divorce mediation could be over in one session. In these cases, the entire process can be relatively affordable, at least when compared to the alternative.
There isn’t a set standard for how mediators charge for their services. Some choose to charge per session, while others might charge per hour. You can even find some mediators that operate using a flat fee structure for the entire process. In these situations, though, there is commonly a specific number of sessions that are included before you face additional fees.
On top of the pricing structure, you’ll also want to look into whether there are extra charges for specific services. Some mediators do not include filing court paperwork or drafting documents in their stated fee and instead tack these on as an extra expense.
As you might imagine, the higher the level of conflict, the more drawn out and expensive divorce mediation will be.
Even if you have a lot of good reasons to be angry with your spouse, it’s important to try and approach mediation from the standpoint of finding compromises that work for both of you so that you can keep costs down and reduce the amount of time in the process.
If your divorce is complex, it’s possible that experts will need to be brought in to help offer advice and perspective on certain topics.
For example, a child psychologist might be needed to help offer recommendations regarding a parenting plan if your case involves child custody and visitation. For complicated estates, actuaries, appraisers, or financial experts could be called in to help determine asset values or assess how pensions and benefits can be distributed.
Some people choose to hire a lawyer to help them prepare for their mediation sessions and aid them in the process of negotiations. An attorney can also help you review the agreement that will hopefully be reached by the end of the process. In order to avoid hiring full-scope representation, individuals sometimes choose to hire a consulting attorney to assist them during mediation.
Typically, both parties are expected to contribute to the costs of divorce mediation. The reason for this is that concerns of preferential treatment can arise when one spouse pays for the sessions.
Important note: You have a right to file an objection if a judge refers your divorce case to mediation and you have been the victim of family violence.
Understanding the process of divorce, as well as your rights and responsibilities under the law, can help make your divorce go more smoothly and be less stressful. Our library of articles touches upon all divorce-related topics, including custody, alimony, and more.
Whether you and your spouse are considering attending divorce mediation in Texas or a judge is ordering you to attend mediation, you might be wondering what you need to know about this process.
When you go to divorce mediation sessions, a neutral, trained professional will help you and your spouse communicate about important issues and hopefully come to an agreement about how you will deal with the contentious issues in your divorce. By attending divorce mediation and successfully reaching an agreement, you can potentially save money on your divorce, get divorced more quickly, and avoid the stress and conflict often associated with a contested divorce.
During mediation, you and your spouse will meet in person or virtually with a neutral, trained professional mediator.
Their role is to help the two of you come to an agreement about important issues in your divorce, such as how to divide property. They also help you create a written settlement agreement that reflects the agreements you made as a part of mediation.
You can use mediation in your divorce in Texas so long as both parties agree in writing or if the court refers the case to mediation.
You are not always required to use mediation in a Texas divorce, but a judge can order you to do so in either child custody cases or divorce cases.
Different counties have varying practices and policies when it comes to court-ordered mediation. In some counties, judges might order spouses to go to mediation in most or even all cases before things can proceed to a temporary or final hearing. Judges can even select a specific mediator for spouses to meet with, but this usually happens when the parties aren’t able to come to an agreement on a mediator on their own.
You can attend divorce mediation before filing for divorce or after you have filed at any point in the process. In some instances, a judge will order spouses to go to mediation before their divorce can be finalized.
You are free to go through mediation before you even file for divorce if both you and your soon-to-be-ex agree.
Going to mediation before a divorce can give you and your spouse the opportunity to come to an agreement about all divorce-related issues. This could allow you to get an “agreed divorce,” which is a type of uncontested divorce. Agreed divorces are simpler, faster, and less expensive than contested divorces.
There are many experts that recommend that people go to mediation as soon as possible when they know they are getting divorced. If you end up reaching a settlement during the process, you can benefit from the simpler divorce process associated with agreed divorces.
This also means that you could avoid hiring a lawyer as a part of your divorce, which is typically the most expensive part of getting divorced. Another advantage of attending mediation before you even file for divorce is that it can help reduce the conflict and stress that are often associated with contested divorces, which can be harmful and unpleasant for both spouses and any children involved in the marriage.
It’s possible that you and your spouse will decide to go to mediation once the process begins, or a court could end up ordering you to undergo mediation. You will need to inform the judge if you end up deciding to go to mediation after the case has begun.
Mediation is something you can do after the process has started, whether or not you have an attorney representing you. For more information about filing for divorce without a lawyer, read our post about DIY divorce in Texas.
In some cases, spouses find that they are more interested in the mediation option when more information has been revealed as a part of the discovery process. Discovery is a legal process that gives each spouse the ability to require the other to share certain documents and information.
Sometimes, judges will order spouses to attend mediation before they will allow you to have a final hearing for your divorce.
How much mediation costs in Texas depends on a number of different factors.
It’s worth noting that there are Dispute Resolution Centers in some Texas counties that provide low-cost or free mediation to couples. However, you normally have to meet specific financial requirements. For example, the Dispute Resolution Center in the largest county in Texas, Harris County, has eligibility requirements that include earning less than $80,000 a year combined and not owning any significant assets.
If you aren’t eligible for one of these cheaper mediation options, there are a number of factors that will influence how much mediation costs. These include:
Other factors that might impact the cost of mediation include whether you attend mediation in person or remotely or if there are extra charges and fees attached to the service offered by a specific mediator.
In general, the cost of private divorce mediation costs between $3,000 and $8,000. The typical hourly rate of attorney mediators is $250-$500 an hour, while non-attorney mediators usually charge between $100 and $350 an hour.
For more information about how much you should expect to pay when dissolving your marriage in the Lone Star State, check out our article about the cost of divorce in Texas.
There are usually three stages in Texas divorce mediation. That being said, there aren’t specific rules or laws in Texas about how this process takes place beyond its requirements regarding mediated agreements.
These three stages are:
Mediators help spouses prepare an agreement in writing that outlines the decisions that were made during the negotiation part of the process. As soon as the document is signed by both spouses (and their respective attorneys if they have them), this contract is legally binding in the state of Texas. However, in order to be valid and binding, it needs to include a statement that the agreement is “not subject to revocation” in a prominent way (meaning it is capitalized, underlined, or boldfaced.)
This is a statement that communicates that neither you nor your spouse can change your mind about the agreement once it is signed. The provisions laid out in the agreement must be followed by both of you even before the divorce is finalized. This is the case whether the agreement was signed as a part of court-ordered meditation or voluntary mediation session.
You are never required to reach an agreement, even if you are attending court-ordered mediation. Mediators do not have the ability to force you to find a solution to the issues at hand.
If the process of mediation does not result in the settling of all of your disputes, your divorce will proceed to the litigation phase unless you are able to find a solution to the unresolved issues before that point.
Mediation can be a great solution for couples that are unable to come to an agreement about important issues in their divorce on their own. It is ideal to avoid the litigation stage of a divorce case if possible– it makes the whole process a lot more expensive and a lot more time-consuming, not to mention more unpleasant and stressful.
No matter where you are in the process of divorce, knowing your rights and responsibilities under the law can be incredibly empowering. For more information about family law in Texas, be sure to check out our library of Texas divorce articles.
Before you start filling out the paperwork to dissolve your marriage, you’ll want to make sure you are eligible to file for divorce in the Lone Star State. What are the residency requirements for divorce in Texas, and are there any exceptions to the rule?
In a nutshell, either you or your spouse needs to have lived in Texas for the last six months and in the county where you are filing for at least the last ninety days. There are some exceptions for military families and public servants, which we will explore in this article.
You are eligible to file for divorce in Texas if either you or your spouse has been living:
For more information about what divorce entails in Texas, check out our guide to the divorce process in Texas.
There are some exceptions for military families or people that are performing government service outside of Texas.
Even if you don’t meet the residency requirements listed above, if you are stationed out of Texas in the military or another government service, you might still be able to file for a Texas divorce so long as:
If you are the spouse of someone who is serving the military or another government service somewhere other than Texas, but Texas is your home state, the time you spend with your military spouse outside of Texas technically counts as time in the Lone Star State.
According to the Texas Family Code, you can also file for divorce in Texas if you are stationed in the state for military duty or another government service so long as you have been in the state for at least the last six months and in one county for the last ninety days.
This is also the case for a spouse of a person that has been stationed in a Texas county for those specified lengths of time. In both of these cases, the military member and the spouse are considered to be a "Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of marriage."
Important note: If you are a military family with children and you’ve been living in another state or country with your children, it’s a good idea to talk to an attorney. Even though the State of Texas might consider you and your spouse to be Texas residents for the purposes of divorce, Texas courts might not have the authority or jurisdiction to issue court orders that involve your kids, such as child custody and child support.
You can file for divorce in Texas as long as you qualify based on the residency requirements outlined above. This is true even if your spouse doesn’t live in Texas.
That being said, it’s important to know that the court can only order your spouse to pay child support, pay a debt, or otherwise impose a personal obligation on your out-of-state spouse if they have personal jurisdiction over them.
You can find a list of different circumstances in which the court can have personal jurisdiction over an individual that isn’t living in Texas included with the Original Petition for Divorce.
When filling out this form, you’ll want to select any instances that are applicable to your particular situation. If you have questions about what it means for a court to have personal jurisdiction or you aren’t sure which situations apply, it’s a good idea to talk with an attorney.
You can file from out of state so long as your spouse still lives in Texas and meets the residency requirements listed above. In some cases, a couple will have already separated, and one party will move out of state. If you have moved out of Texas, but your spouse qualifies based on the residency requirements, you can file for divorce in the county where your spouse lives.
In some instances, your children might not be living in Texas when you file for divorce. How does this impact the court's ability to make orders related to custody and support?
According to Texas Family Code Section 152.201, there are specific requirements that must be met in order for a Texas Court to be able to make initial custody and visitation orders. These are:
If the conditions listed above don’t apply to your children and this is an issue for you as a part of your divorce, you’ll want to talk to a lawyer.
There are a handful of exceptions to this rule, and an attorney will be able to help walk you through the options in your particular case.
If you’re getting a divorce in Texas, one of the best things you can do is arm yourself with knowledge of the law. The more you know, the better prepared you can be to create a favorable post-divorce outcome for yourself and your family. To learn more about divorce, marriage, and family law in Texas, be sure to check out our library of Texas divorce articles.
When you tell your friends and family that you’re getting divorced, you likely receive tons of advice about how to create the best possible post-divorce outcome. One of the things that might come up is the “10-year rule,” which can actually refer to several different concepts.
On the one hand, they might be talking about the fact that you might be entitled to Social Security benefits through your spouse. On the other, they might be referring to laws in specific states (such as California) where there are special alimony laws for marriages that last at least ten years.
It’s important to understand that there is a lot of myth surrounding this latter idea and that laws about spousal maintenance and support vary widely by state.
Frequently, when people talk about the 10-year milestone in a marriage in regard to divorce, they are referencing the laws surrounding Social Security.
If you are divorced after having been married for ten years or more, you are typically able to receive benefits through your ex-spouse if the following are true:
This is the case even if your ex-spouse has married another person again.
The benefits that you are entitled to receive are not negotiated or changed as a part of the divorce proceedings.
All this being said, it’s important to talk with a lawyer in the state that you are getting divorced in, as the ten-year mark can also impact other aspects of your divorce. An attorney that is licensed to practice in your state will be able to give you advice that is specific to your state.
There is also an often-referenced concept of the “10-year rule” in California in particular, but it’s important to understand that there is a lot of incorrect information floating around the internet about this notion.
Many people mistakenly believe that you are guaranteed alimony for life if your marriage lasted for at least ten years, according to California divorce law.
However, this isn’t the case. The confusion stems from the fact that courts cannot set a termination date for alimony for marriages of long duration (i.e., of ten years or longer.) With shorter-term marriages, the general presumption is that support should last for “one-half the length of the marriage.”
Even if you were married for more than ten years and got divorced in California, the courts can modify spousal support when there is a substantial change of circumstance unless the parties have created a prior agreement regarding a specific termination date. Alimony can also end when the recipient enters into a registered domestic partnership or remarries or when either party passes away.
In addition to the laws surrounding Social Security benefits, you might find that what you are entitled to in a divorce after ten years of marriage is different than those you can receive if your marriage didn’t last at least ten years. The laws in each state are different, so it’s important to research the family law in your state or speak with an attorney that is licensed to practice in your state.
If you and your spouse signed a prenup before the wedding, you might have worked out terms regarding alimony in this document. You’ll want to take a look at the details of your prenuptial agreement if you are preparing for divorce to help you understand what the support arrangement will be.
Important note: While you can memorialize a binding agreement in regards to alimony in your prenup, you cannot use a prenup to limit the amount of child support one spouse will owe or determine child custody in advance. The reason for this is that the right to child support doesn’t belong to the parents but instead to the child and child custody decisions are based on what is in the best interest of the child.
If you are getting divorced in Texas, it’s important to understand that being awarded court-ordered spousal maintenance is in no way a certainty, even if you've been married for a long time. Texas is considered one of the most difficult states to receive spousal maintenance through the courts, and they decide who is awarded this type of support on a case-by-case basis.
Texas law approaches spousal maintenance from the standpoint of necessity– basically, they don’t favor awarding maintenance by any means. Spousal maintenance is something that is only court-ordered when the court believes that the recipient of support needs the additional financial support to get themselves to a point of financial independence (or is unable to support themselves for a number of specific reasons.)
There are four primary ways through which an individual can be awarded maintenance by the courts, one of which is:
The other three basic ways are:
In this final instance, the spouse that is a sponsored immigrant has to ask the court to order their spouse to provide them with 125% of the U.S. Federal Poverty Guidelines until they become an American citizen or they have reached forty credits through their work history.
As you can see, you should not expect that you will automatically be awarded court-ordered spousal support just because you have been married for ten years or longer.
How long the marriage lasted does have an impact on how long spousal maintenance payments are made if they are awarded in a divorce case:
There are a number of reasons why these payments can end early in Texas, which are:
If you believe you should receive alimony or spousal support as a part of your divorce, you’ll be glad to know that receiving court-ordered spousal maintenance isn’t the only way to be paid alimony. Spousal support can also be one of the terms negotiated during your divorce settlement. If the two of you are able to agree, you can set up whatever arrangement you are both comfortable with so long as the court believes it to be fair and just.
Getting divorced after having been married for a long time is one of the most difficult things anyone can do. If you have been married for nine years and are considering getting divorced, the people around you might encourage you to hang on for a little longer in order to receive the benefits of the 10-year rule. While they might not be wrong in regards to the potential to receive Social Security benefits via your spouse, it’s important to understand all of the details before making such a big decision.
The best thing you can do is probably to seek the counsel of an experienced attorney that is licensed to practice in your state. Since state laws vary greatly surrounding spousal support and alimony, they will be able to help you understand what your options are and what it means to get divorced before or after the ten-year mark. If you are considering representing yourself in your divorce, it can still be very useful to have a conversation with an attorney to help you structure your approach.
Are you busy reading up on Texas family law to prepare for your divorce? Be sure to check out the rest of our Texas divorce laws blog.
When you’re getting divorced, it isn’t uncommon to want to get the whole process over with and move on with your life. If you're wondering how to get a fast divorce in Texas, you'll be glad to know that there are a number of things you can do to help your divorce go as quickly as possible.
That being said, it’s important to understand that there is a sixty-day waiting period for nearly all Texas marriage dissolutions. This means that the notion of a "fast" divorce in Texas is relative-- you simply can't get an instantaneous divorce. With that in mind, let's look at some of the steps you can take to improve the chances of your divorce only taking a few months rather than dragging on for a year or more.
Whether you want to get a fast divorce because you want to move on to the next stage of life as quickly as possible or because you feel the need to get out of an unhappy marriage with haste for the sake of your mental health, it’s worth knowing that there are steps you can take to speed things up.
Depending on your situation, the methods you can use to make your divorce happen faster will differ.
Unless you and your spouse have no assets or debts to your name, one of the biggest questions will be how your property is divided up after divorce.
When you are first meeting with an attorney, you can help things move along more quickly if you have all of your financial and estate documents in order and in hand. This information will help your lawyer work out which strategies are available to you and how they advise you to approach the question of property division.
In the best-case scenario, you and your spouse are able to agree to all of the terms of the divorce and proceed with an uncontested case.
This is a much faster way to get a divorce than when any issues are contested. Though it might not always be possible, it’s worth understanding that your divorce can happen much more quickly if you’re able to come to an agreement about things like property division, spousal support, and child custody and support.
Promptly sharing any documents and information about your community estate with your spouse can help move the process along.
Under new rules that went into effect at the beginning of 2021, both parties in a divorce are required by the state to submit copies of financial documents as a part of the initial disclosures phase.
If you’re going through a contested divorce, there’s a good chance that you will be required to attend mediation before you can proceed to court. The best mediators in your area will likely have their schedules booked out far in advance, so it’s a good idea to get yourself a timeslot with them as early as possible.
Your attorney might have recommendations when it comes to which mediators they think should hear your case. If you know that your case is going to be contested, talk to them about this right away so you can book your meeting well in advance.
Not only will this help you save time waiting to see a mediator, but it will also ensure that you don’t end up settling for a mediator that isn’t as skilled or capable as you need them to be. A highly skilled mediator will be able to help you, and your spouse find an agreement that works for both of you, while a less-than-great mediator could mean that you have to take the case to court.
Courts are notorious for being booked out several months or even years when it comes to hearing cases, so it’s essential to try and work things out in mediation if possible when you want your divorce to happen as fast as possible.
There are a number of alternative dispute resolution options that you can use to help you and your spouse reach an agreement about the terms of your divorce. These include:
If you are struggling to find a good mediator in a timely fashion or didn’t have success with mediation, you might consider one of these alternative options to keep the process moving forward.
It might sound obvious, but another important step you can take to get divorced as quickly is to make sure that you are doing everything you can to keep things moving in the right direction. It isn’t uncommon for people to drag their feet, either intentionally or unintentionally, during a divorce case. This can occur for countless reasons, such as they are second-guessing the divorce, because of financial reasons, or simply because they have a tendency to procrastinate.
If you’re working with an attorney, let them know about your intention to get divorced as fast as possible and ask them what you can do to help things keep moving. The two of you can set deadlines for important milestones to ensure that you can start your post-divorce life as soon as possible.
In almost all cases, the absolute fastest you can get a divorce in Texas is sixty-one days.
This is because there is a waiting period that begins when you file your Original Petition for Divorce. Until sixty days have passed, a judge isn’t allowed to grant you a divorce unless you qualify for one of two very specific exceptions that have to do with family violence. This is (thankfully) not a common occurrence, so you should probably expect that you will be required to wait sixty days before your divorce is finalized.
Though you might be discouraged by the sixty-day waiting period, this can be a good time to make sure that divorce is something that you really want to go through with and also get everything in order, so your divorce goes smoothly if you know for certain that you want to move forward.
Not to deliver more bad news, but it’s also essential to understand that you might not necessarily finalize your divorce right on day sixty-one after the waiting period. When you can get divorced will have to do with the specifics of your case (for example, whether it’s uncontested or contested) and the schedule of the courthouse where you filed for divorce.
The average divorce in Texas takes twelve months, but that doesn’t mean that your divorce has to take that long. Contested divorces take longer than agreed divorces, and the less complicated your estate, the simpler the entire process will be.
It is possible that hiring an attorney can help everything chug along at the fastest possible pace, but it really has to do with your specific circumstances. If you are trying to represent yourself in a complicated, contested divorce case, hiring an attorney will likely help everything go more quickly and more smoothly, not to mention help you receive a more favorable post-divorce outcome.
Even if you are getting a fairly simple agreed divorce, it’s possible that hiring a lawyer will help move things along in terms of filing all the necessary paperwork and making sure that no mistakes are made that end up pushing things back. That being said, the more simple your divorce is, the better suited you are as a candidate for a DIY divorce.
Divorce simply isn’t something that happens overnight, but you can increase your chances of having the fastest possible divorce by learning as much as you can about the process. The more knowledge you acquire about family law and divorce in Texas, the less likely you will be to get surprised by something down the road. Preparation is key if you want a swift divorce, so be sure to check out our library of divorce articles for more information about Texas family law.
There are many costs involved in a divorce, one of which is the court filing fee. How much is a filing fee for a Texas divorce, and what should you do if you aren’t able to afford them?
Every county has its own fee schedule for court filings, but the cost usually ranges from $150 to $350. Some counties charge different fees for married couples getting divorced with and without children, and there can be additional fees on top of the filing fee that is due to the court as a part of the divorce process. If you’re unable to afford the court filing fees, you can ask the judge to waive them.
You typically have to pay a filing fee when you file any sort of court case in Texas, including filing for divorce. This fee varies depending on which Texas county you are filing for divorce in, but it usually ranges from $150 to $350.
Let’s take a look at the cost of the filing fee in some of the most populated counties in Texas to give you a sense of what to expect.
For a divorce with children in Harris county, the filing fee is $320. If you are getting divorced without any children involved in the marriage, the fee is $293.
Harris county is home to the largest city in Texas, Houston, and the fifth-most populous metro area in the U.S., the Houston–The Woodlands-Sugar Land metro statistical area.
To get divorced in Dallas County with children, the filing fee is $401. If you don’t have minor children involved in the marriage that you are dissolving, the court filing fee is $350. The second biggest county in Texas, Dallas County, contains part of the Dallas-Fort Worth metroplex.
The filing fees for family law cases in Tarrant County are $401 with children and $350 without children.
The fee for filing for divorce without children includes:
In addition to the above charges, the fee for filing for divorce with children also includes:
The third most populous county in Texas, Tarrant County is home to the city of Fort Worth.
To get divorced in Bexar County or file for an annulment, the filing fee is $350 if there aren’t minor children involved in the marriage. If you are filing for a divorce or an annulment with children, the cost is $401.
Bexar County is the fourth most populous county in Texas and contains the city of San Antonio. It’s also included in the San Antonio-New Braunfels, Texas, metro statistical area.
To file for a divorce or annulment in Travis County, the base filing fee with or without children is $350. If you do have children, there is an additional $15 fee to cover the DRO operation fund fee.
As you can see, the cost of filing for divorce in the largest Texas county generally ranges between a little less than $300 and a little more than $400. However, if you are in a less populated county, your filing fees might be cheaper than that.
For example, the cost for filing a civil case in Fayette County, Texas, is $222, with an additional $100 fee for personal service. King County, one of the smallest counties in Texas, charges $314 to file for the dissolution of a marriage. Sutton County charges $350 for civil and family cases while filing for divorce, both with and without children, in La Salle County costs $319.
As a final example, the filing fee in Delta County is $268 if the non-filing spouse signs a waiver and $276 for a divorce filing with a citation. The fee for serving a spouse via a Constable is $80.
To find out the fees in your particular county, you will want to contact the district clerk’s office in the appropriate county.
Depending on your specific case, there might be additional court fees. For instance, to serve your soon-to-be ex with divorce papers, you might have to pay a separate fee. It also might cost extra to get copies of your paperwork.
If you aren’t able to afford the court filing fees for a divorce in Texas, you have the option of asking the judge to waive your court fees.
You will need to be able to prove that one of the following is true in order to receive a waiver of fees:
There are two ways you can ask a judge to waive the filing fees for a divorce in Texas:
You might want to choose the second option if you don’t want your address listed and you have privacy concerns. You will need to have this document signed in front of a notary public.
When you file one of these documents, it communicates to the judge that you aren’t able to afford the court filing fees. You will need to use blue or black ink and sign them, and it’s essential that you don’t leave any sections blank.
A number of different pieces of information will be required on this form or document, including:
You will want to attach proof to your Statement if you receive government benefits due to being low-income. For example, you might attach a copy of a check or eligibility form.
If there is other information you want the judge to know about, you will want to attach them on a separate page. On the top, you will want to write “Exhibit: Additional Supporting Facts.” In this document, you can include information such as family emergencies or atypical medical expenses.
The Statement form will ask for your address. It’s important to know that the other party in the divorce might receive a copy of this form. If it is a concern to you that they will know your address, you will want to file a sworn document instead. You can receive free advice from the Family Violence Legal Line (1-800-374-4673) if you are worried about your safety during your divorce.
It’s essential that you don’t fudge the numbers on this form to try and get out of paying the court filing fees. Doing so is a crime, as your signature on the form is a statement under penalty of perjury that all of the information is correct.
If the court chooses to waive your filing fees, you won’t have to pay any fees that are “charged by the court or an officer of the court.” This includes:
It’s important to understand that the court fees are only one small part of the cost of getting divorced if you are enlisting the help of an attorney. Of course, there are legal aid programs and other free legal help you can seek if you are low-income, but the waiting lists for these types of programs can be long. While it isn’t always advisable to get a DIY divorce, if your divorce is simple enough, you might choose to get divorced in Texas without a lawyer. This can save you thousands, if not tens of thousands of dollars, but you’ll want to make sure that doing so doesn’t compromise your ability to reach the most favorable post-divorce outcome.
If you’re getting divorced, there are probably a million things on your mind. Though it might not be the most appealing way to spend your time, you’ll find that the entire process can be much less stressful if you take the time to learn about Texas Family Law and what to expect as the proceedings unfold.
Are you looking for more information about getting divorced in Texas? Make sure you check out our Texas divorce law blog for more vital resources.
If you’re worried about the cost of divorce and want to keep things as simple as possible, you might be interested in learning how to file for divorce online in Texas.
Getting an online divorce is a way to get an uncontested divorce without having to hire lawyers. This means that getting divorced can cost only a few hundred dollars rather than several thousand dollars. Before you get started, though, you’ll want to make sure you are a good candidate for an online divorce and that it will help you obtain an outcome you are comfortable with once your divorce is final.
There are two primary qualifications for getting an online divorce in Texas.
The first is meeting the residency requirements. The second is that only uncontested divorces can be filed and completed online.
An important note: district or county courts handle divorce cases in Texas. This means that they can have their own rules even though online divorce services generally serve the entire state.
The residency requirements for getting an online divorce in Texas are the same as those for getting a standard divorce in the state.
Here are the qualifications you must meet to get a Texas divorce:
It’s a good idea to check in with the county where you will be filing for divorce to learn about any specific rules they might have about the divorce process.
There are a few exceptions to the residency requirements. For example, divorcing couples with one spouse in the military can get divorced in Texas if one spouse is serving in the military or another applicable government position out of state, but Texas is their “home state” for the purposes of residency. This is true even if the spouse that isn’t in the military isn’t physically in the state and is instead accompanying the military spouse in another location.
Your divorce has to be uncontested in order to get divorced online in Texas. An uncontested divorce is a divorce where the couple agrees on all of the terms of the divorce, including how property will be divided and what will happen to minor children involved in the marriage.
When two parties aren’t able to agree on even one issue, the divorce is considered contested. If this is the case, you won’t be able to file for an online divorce in Texas unless the two of you can come to an agreement before you file your divorce petition.
Let’s take a look at the steps involved in an online divorce filing in the Lone Star State.
It can be tempting to get divorced online to keep things simple and keep costs down. After all, divorce in Texas is expensive, and a lot of people are motivated to reduce the financial impact of ending their marriage.
The reality is, though, that not everyone is a good candidate for an online divorce. Even if you fulfill the two requirements listed above, there are still a lot of circumstances where an online divorce might not be the best option for you.
If you and your spouse really do agree about all issues, including child support, child custody, and property division, that’s a good first step. You’ll also want to make sure you have confidence that you have complete information about all of the assets and debts involved in your marriage. If your financial situation is complex, an online divorce probably isn’t the way to go, and you will instead want to work with lawyers.
Finally, you want to triple-check that you are comfortable with the arrangement you and your spouse have come up with when it comes to child custody, support, and parenting time.
The more complicated your divorce is, the more you should think about consulting with a lawyer. Though attorney’s fees are the most expensive part of getting divorced, you might find that it’s well worth the cost in order to obtain an outcome you’re happy with post-divorce.
In order to file the divorce petition online, you’ll need to pick an online service that will help prepare your paperwork. Depending on the jurisdiction you’re in, it’s possible that you will have to file your paperwork in person.
When you are searching for an online divorce service, you’ll want to make sure that the service serves the state of Texas, as not all of them do.
When the divorce papers have been filed with the court, it’s now time to inform your spouse that you are filing for divorce.
If you’ve gotten this far in the process, you should have already confirmed that your divorce is uncontested. In most cases, this will mean that your spouse is well aware that the divorce process is beginning and is on the same page as you. That being said, you are legally required to inform your spouse that the paperwork has been filed.
You will most likely choose between the following two options:
When you’re spouse cannot be located, you might be able to publish news of your divorce in a public forum. If your spouse is refusing to be involved in the process, it doesn’t mean you can’t get divorced. It does, however, mean that you will need to ask the court for a default divorce. Though a default divorce is technically considered an uncontested divorce, you won’t be able to complete the process online.
The nonprofit organization Texas Legal Services Center (TLSC) provides a guide you can use to understand what to do if you’ve been served with divorce papers in Texas.
In almost all Texas divorces, there is a required sixty-day waiting period.
The purpose of this waiting period is to ensure that all involved parties have the opportunity to really think about whether divorce is something they want to go through with. It also serves as an opportunity for divorcing couples to worth through any remaining issues that haven’t been resolved.
There are only two very specific instances when courts can allow divorcing parties to finalize a divorce before this waiting period is over. These are:
Courts are not allowed under Texas law to grant divorces before the sixtieth day after the initial filing of the divorce except in these circumstances.
If your spouse has engaged in domestic violence, a Texas court likely won’t believe that your uncontested divorce was agreed upon without duress and willingly. This means that if you qualify for one of these exceptions, you most likely can’t proceed with an online divorce.
There are a lot of reasons that getting divorced online is an appealing option– after all, they are simple, quick, and inexpensive compared to involving attorneys.
That being said, it’s important to know what the risks are before you choose to go this way.
One potential issue is that the specific necessary steps you have to take in a divorce vary from county to county, but online divorce services typically serve the state as a whole.
On top of that, getting divorced online doesn’t mean your case won’t end up in court. Unforeseeable issues can always arise even when it seems like your divorce will be amicable from the get-go.
Getting an online divorce can be a godsend when you and your spouse want to save money on lawyer's fees, have a simple estate, and legitimately agree on all of the terms of your divorce. If this isn’t your circumstance, though, beginning the online filing process might mean you end up in court anyway.
If you’re looking for more information about how to legally end your marriage in the Lone Star State, be sure to check out the rest of our Texas divorce law resource center.
If you’re getting divorced with kids, you might be wondering what you need to know about a father’s rights in Texas after a divorce.
It is true that mothers tend to be awarded primary custody of their children in divorces more often than fathers. However, under Texas law, the rights of both parents in a divorce are protected equally.
Many people assume that mothers are given priority when it comes to the custody of children after a divorce. While this was true in previous decades, the laws in a number of states– including Texas– have changed to reflect the reality that mothers and fathers are equal partners in raising children.
Even if you weren’t awarded primary custody of your children, the expectation is that fathers will spend time with their children regularly based on a parenting schedule or possession order.
While fathers technically have the same rights as mothers in divorce, that doesn't mean that fathers and mothers are awarded primary custody equally. In fact, according to the state attorney general's office, 92% of custodial parents in Texas are women.
This does contradict to some extent the notion that gender isn't relevant in the determination of custody. If you are a father and you believe having primary custody would be in the best interest of your children, you'll probably want to work with a lawyer that can help you achieve the best possible outcome for your kids.
When deciding who will have custody of a child, Texas courts always begin by considering what is in the best interest of the child. Courts used to favor mothers, assuming they would be more suitable caregivers, but this is no longer the case in Texas.
In a lot of divorces and custody cases, both parents are responsible for parenting their children and financially supporting them. Texas law presumes that it is typically best for the children if both parents are actively involved in their lives. That is unless there are compelling reasons that spending time with one parent would be harmful to the kids or not in their best interest.
Most states, including Texas, first consider joint custody because this is presumed to be the best outcome for kids. When both parents are named as Joint Managing Conservators in a custody order, it typically means that they share the responsibility of making important decisions about their child’s life, including their medical treatment and similar issues.
Having joint custody in Texas doesn’t mean that both parents spend an equal amount of time with the kids. Usually, one parent will be awarded the right to choose the primary physical residence of the child. The kids will, in most cases, live with this parent for more than half of the time. This parent, known as the custodial parent, has the right to receive child support payments to help financially support the kids.
The other parent, known as the non-custodial parent, usually has visitation rights and is the party responsible for making child support payments.
In some instances, joint custody isn’t an option or isn’t seen by a judge as being in the best interest of the child. There needs to be a good reason to name one parent a sole managing conservator, such as child abuse or domestic violence. This type of order can reduce or revoke a parent’s right to make decisions about the child’s life.
A Standard Possession Order (SPO) is usually included in most custody orders. These outline the time that each parent will spend with their child. Parenting time is known as “access and possession” in custody orders, which is synonymous with “visitation.”
The terms of the basic SPO look like this:
The Standard Possession Order will also outline:
If the parents live farther than one hundred miles from one another, SPOs include the following changes to the standard order:
Courts don’t have to issue custody orders using the SPO in the following situations:
Texas courts have the right and ability to many any orders they believe will help to protect the child. This means, for example, they can order parents to get drug tested or order that visitation with a parent is supervised.
The Expanded Standard Possession Order is a new type of standard possession order introduced on September 1, 2021. Created for parents that live fifty miles apart or closer, this possession order allows the non-custodial parent to spend extra time with their kids. The difference between the expanded SPO and the SPO is that the former allows the non-custodial parent to have visitation with their kids starting from the time they’re released from school on Thursday until school begins the next Monday.
In most divorces, fathers that want to spend more time with their children but aren’t awarded primary custody will be able to achieve the outcome of an Expanded SPO. Even though it might not seem like a lot of extra time, over the course of a year the extra hours add up. The overall breakdown of which parent the child spends time with is more like 55/45 in favor of your ex.
A Modified Possession Order can be included in a custody order if the SPO is inappropriate or unworkable in a specific situation. Anything that strays from the standard arrangement falls under the category of a Modified Possession Order. If you need to write a modified order, it’s likely best to work with a lawyer.
If a Supervised Possession Order is included in your custody order, it means that the time one parent spends with a child is required to be supervised. The supervisor can be a neutral third party, a family member, or an agency depending on the situation.
When custody and visitation are contested by a parent during a Texas divorce, you can work with your soon-to-be-ex and attorneys, parenting counselors, and mediators to try and create a parenting plan that will be in the best interest of the kids.
Both parents in this scenario have the chance to propose a parenting plan they believe will be best for the mental, emotional, and physical needs of the children.
As a father, you have a right to put forward a plan that you think will be best for the children, just as your kids’ mother does.
Many fathers have heard and read horror stories about judges that have a bone to pick with fathers in general and won’t award any parenting time to fathers without any good reason. This means that a lot of fathers will be happy to settle for any time with their kids because they feared the worst.
Some fathers, though, have good reason to want to be the primary caregiver of their children. It’s important to know that you have the right to fight for sole custody if you believe that is what is in the best interest of the kids or to be the custodial parent in a joint custody arrangement.
Here are a few tips for fathers that want to ensure they get to see their kids as much as possible after divorce:
Are you looking for more information about getting divorced in Texas? Check out the rest of our Texas Divorce Law blog to find tons of useful resources.
If a Texas court determines that a spouse has committed fraud on their marital estate, they will need to calculate the value of the “reconstituted estate.” What is a reconstituted estate in Texas, exactly?
According to the Texas Family Code, the reconstituted estate is the “total value of the community estate that would exist if an actual or constructive fraud on the community had not occurred.”
In some divorces, one spouse chooses to hide, move, or spend some of the assets that are considered community property. This is a fraudulent activity that results in the other party being cheated out of part of the estate they built with their spouse during the marriage.
Section 7.009 of the Texas Family Code explains that the court can take action to protect the spouse that was wronged if the other spouse has committed “actual or constructive fraud.”
One of the ways that courts can remedy the injury done to the innocent spouse is by determining the value of the reconstituted estate. This is how much the community estate would be worth if the fraud hadn’t happened.
If you think that your spouse is hiding assets or otherwise fraudulently handling the community estate, you'll want to look into the other common sneaky divorce tactics to know what to watch out for.
As an example, let’s say that the community estate has $150,000 in it. However, one spouse spent $50,000 during the course of an extramarital affair on travel, extravagant gifts, etc. In this instance, the reconstituted estate would be $200,000.
If the court were to divide the actual existing community estate of $150,000 between the two spouses, it means that the wronged spouse is getting a raw deal– essentially missing out on roughly $25,000 that would have been awarded to them if their spouse hadn’t used the money on his or her affair.
Calculating the value of the reconstituted estate means that the wronged spouse doesn’t end up being penalized for the fraudulent behavior of their spouse.
The amount that they are awarded is based on how much money would be in the estate if their spouse hadn’t committed actual or constructive fraud. At the same time, the spouse that committed fraud doesn’t end up with an unfair proportion of the estate after factoring in the amount of money they spent or moved fraudulently.
According to Texas Family Code, the court “may grant any legal or equitable relief necessary to accomplish a just and right division.” They can do so through a number of different methods– three of which are listed right in the code. Let’s take a look at how the community estate could be divided using our above example.
Once the value of the reconstituted estate is established, the court would then be able to divide the estate in a “just and right” manner. If the innocent spouse is awarded 50% of the reconstituted estate, they won’t be penalized for the fraudulent activity of their spouse. In the above example, the innocent spouse would receive $100,000, while the spouse that committed fraud would only receive $50,000.
Courts don’t necessarily have to divide reconstituted estates 50/50, though. If they believe it is just and right to divide the estate in a 60/40 estate in favor of the wronged spouse, for example, they are free to do so.
Using the example above, this means that the innocent spouse would receive $120,000 while the spouse that committed fraud would receive $80,000 minus the amount they spent fraudulently, which would leave them with only $30,000 in the division of assets.
Courts can also award a money judgment against the guilty spouse in favor of the wronged spouse if there aren’t enough funds to divide the community estate in a just and right way. When a court grants you a judgment for a debt you are owed, the money doesn’t show up automatically. There are a number of different options when it comes to collecting a money judgment, including:
Money judgments can also be awarded if your ex-spouse doesn’t comply with the division of property after a divorce to help account for the damages caused.
Alternatively, the court can award the innocent spouse an appropriate share of the marital estate and a money judgment. One reason this might occur is when there is a community estate to be divided, but not enough to cover what is owed to the innocent spouse due to fraudulent activity.
If you're ending a common law marriage, you might be wondering how your estate will be divided during a divorce. This guide looks at everything you need to know about informal marriage in Texas.
There are two types of fraud recognized by Texas law when it comes to dividing community property: constructive fraud and actual fraud.
Constructive fraud occurs when one spouse breaches the fiduciary duty they have toward the other spouse. Fiduciary duty refers to the legal obligation one person has to act in the best interest of another party.
In cases where there is alleged constructive fraud, the argument is that one spouse breached their fiduciary duty to the other by misappropriating assets from the marital estate. As opposed to actual fraud, cases that involve claims of constructive fraud don't require proving the intent of the spouse's allegedly fraudulent actions.
This type of claim can also be pursued if one spouse uses marital assets for non-community purposes without the consent or knowledge of the other spouse. This type of claim is possible under the theory of waste.
Constructive fraud is considered a sub-category of common law fraud in Texas.
Actual fraud occurs when one spouse transfers community property in order to deprive the other spouse of property that they have an equal right to, through an intent to deceive or dishonesty.
A higher level of culpability is required to prove a claim of actual fraud. The wronged spouse will have to prove that their spouse acted with an intent to deceive or dishonesty, beyond simply showing that assets were moved.
To be clear, the wrong spouse will need to prove the following facts about their spouse for a court to find the offending spouse guilty of actual fraud:
When a court finds that actual or constructive fraud has been committed by one spouse, they will calculate the value of the reconstituted estate and divide it between the parties in a manner they believe is just and right. In plain English, this means that the court will figure out how much money would have been in the estate if one spouse hadn’t acted fraudulently. This means that the wronged spouse doesn’t have to be penalized when it comes to a property division due to the fraudulent behavior and actions of their ex-spouse.
While a court is required to divide the marital estate in a manner they believe to be just and fair, this doesn’t mean they always have to order estates to be split 50/50.
Courts are allowed to order an unequal division of the marital estate if they find they have reasonable grounds to do so.
This exact scenario occurred in a case out of Dallas, In re Interest of MG., where the findings of the trial court were affirmed by the appellate Court. The trial court had found that a husband had breached his fiduciary duty to his wife and defrauded the marital estate by depleting community assets. His fraudulent actions included loaning $90,000 to a friend and sending money to support another woman and a child.
The trial court chose to award the wife a disproportionate amount of the marital estate, a decision which was later affirmed by the appellate Court.
Every divorce is different, so it can be difficult to determine exactly how a court would rule in your particular case. However, it’s worth knowing that it is possible for a court to award one spouse a larger share of the marital estate if they believe it is fair to do so.
Are you looking for more resources to help you navigate your Texas divorce? Check out our library of articles at TexasDivorceLaws.org.
Are you worried that your soon-to-be ex will bad-mouth you to your kids after your divorce? If so, you might want to learn about the non-disparagement divorce clause in Texas.
This clause is a portion of your divorce settlement or custody agreement that states that neither party will make disparaging remarks about the other in the presence of the children.
Are you curious to learn more about why this might be a good idea in your divorce? Let's take a look at how the non-disparagement clause can be in the best interest of your children and more.
A non-disparagement clause is a section of a contract that prevents involved parties from making negative or derogatory statements about the other.
You can commonly find this type of clause in a number of different types of contracts, including:
As you can see, non-disparagement clauses are often included in contracts that outline agreements having to do with business relationships. However, this type of clause is often also a part of divorce decrees when two people are getting divorced with children. You can also find non-disparagement clauses in child custody agreements in Texas.
When involved in family law matters, non-disparagement clauses aim to prohibit both parents from making negative comments about each other in front of their children. In some cases, the clause might be written so that both parents as well as other household members are prohibited from talking negatively about the other parent.
You might consider including a non-disparagement clause in your divorce or custody agreement if you are getting divorced with minor children. The purpose of this type of clause is to protect the best interest of your children as well as both parents.
Whether a non-disparagement clause is something you will want to include in your divorce or custody agreement has to do with your custody rights, possession, and access to your children.
There are two categories of child custody rights in Texas, which are:
Conservatorship refers to the duties and rights of parents in relation to making decisions about important matters that impact their children. This can include the children's education, religion, healthcare, and more. There are two different types of conservatorship in Texas:
The visitation rights of parents in Texas are referred to as possession and access. Parents have the option to choose a standard possession and access schedule or an extended standard possession and access schedule. They also can choose to create a custom schedule to suit their particular needs so long as they are able to reach an agreement.
The primary consideration of Texas courts is always the best interest of the child when it comes to divorce and custody cases. For this reason, the agreement and schedule need to be based on what is best for the child.
When both parents share visitation rights, you might find that a non-disparagement clause is beneficial. This language in your contract can help make sure that neither parent is bad-mouthing the other in front of the children.
Wondering how custody is determined in Texas? Learn about who gets the kids after a Texas divorce here.
When one parent disparages the other in front of their children, it can be considered a type of custodial interference. This type of behavior can produce distrust and tension between the two parents, which can make it much more difficult to effectively share in the responsibilities of parenting.
Children can also be deeply impacted by parents bad-mouthing one another. When you include a non-disparagement clause, it can help ensure that the child has a positive experience with both parents. The last thing that you want is for your kids to feel like they have to pick sides between their parents or feel alienated from one of their parents.
Confirming that one party actually violated a non-disparagement clause can be challenging. Evidence of a pattern is necessary, which means that one passing comment won't be enough for a court to take any action. Going back to court can be difficult for the children as well, so it's worth considering the severity of the disparagement, whether it negatively impacted your children, and whether you might be able to receive a favorable outcome through the court system.
How a court will respond to a parent that has repeatedly breached the contract between themselves and another parent depends on the violations and behaviors involved. In some cases, the court might just give them a warning that harsher penalties could be coming down the line, such as losing their parenting time.
Right after you get divorced, it can be difficult to hold back your feelings about your ex in front of your kids. However, both parents upholding the non-disparagement clause of an agreement can help reduce the stress and negative impact of divorce on your kids.
When two parties sign a properly written non-disparagement clause, the agreement is legally binding. However, actually enforcing them can be quite difficult. The reason for this is that the allegations of a non-disparagement clause violation often devolve into a back and forth “he said she said” scenario, making it very hard to determine with any certainty who is in the right.
One parent can take the matter to court if they feel that their co-parent has disparaged them in front of the children. Usually, though, a judge won’t impose serious penalties or take away the visitation rights of the non-compliant parent. This is particularly true if there isn’t enough evidence to prove that the parent broke the contract.
If you're worried about the behavior of your spouse after you get divorced, you're probably also concerned that they will try and pull something funny during the divorce. It can be useful to familiarize yourself with some of the common sneaky divorce tactics to know what you should be keeping an eye out for.
If you are able to present documented evidence that your co-parent disparaged you in front of the children while your case is ongoing, the other parent could receive less parenting time than they would have otherwise. You will want to talk to your lawyer about whether or not you have substantial evidence of this type of occurrence, as they will help you understand your options and assist you in understanding the best course of action.
Wondering if your prenup already outlines what will happen with child custody and support? In Texas, a prenuptial agreement can't set the terms for future child custody and support. You can learn more about premarital agreements in Texas here.
If your ex has been violating the non-disparagement divorce clause that you both signed, there are a number of steps you will want to take.
The first step is to gather any evidence you can that shows that your ex violated the non-disparagement divorce clause in your agreement.
Some examples of this type of proof includes:
One-off comments typically aren’t enough when it comes to proving that your ex violated a non-disparagement clause. There is too much wiggle room with this type of thing, where the comment could have been misheard, misunderstood, taken out of context, or said in jest. In order for a court to take the accusation of breach of contract seriously, they will need to see evidence that there is a clear history of your ex making disparaging comments with the children present.
The next step is to compare the evidence that you were able to collect to the specific language in the divorce or custody order. This will help you understand whether the negative comments that your ex-spouse is making fit within the boundaries of the agreement you both signed.
In order for it to be worth pursuing at all, you will need to make sure that the legal verbiage that is in the divorce order matches up with the evidence and proof you've gathered. If it doesn't, your ex could make the argument that you don't have sufficient evidence to enforce the clause because it doesn't align completely with the language of the divorce order.
Once you've compared the language of the disparagement clause with the evidence you've gathered, you can determine whether it's worth moving forward with your claim that your ex violated your agreement.
If you feel the evidence aligns with the language, it's time to talk to your family law attorney. In order to receive a favorable outcome, you'll want to have the tools necessary to present the best possible argument in front of the court.
A family law attorney will be able to help you:
When you talk to your lawyer, you can ask them how long you expect the process to take and what the different possible outcomes are. This can help you gauge whether it's worth taking the non-disparagement breach of contract to court. In some cases, you might find that the potential outcomes are not particularly favorable and it isn't worth persuing for the sake of the children's well-being.
Researchers have been studying the impact of parental conflict on children for many decades at this point, and perhaps the most toxic aspect of divorce for children is conflict between their parents. Consistently, studies have found that conflict before, during, and after the separation of parents is “highly predictive of children’s psychological and emotional well-being.”
For example, parental conflict has been associated with a number of different issues in children, including:
In addition to developing emotional disorders, children whose parents fight frequently can suffer from “more subtle internal symptoms of distress” such as feelings of blame and loss.
Some parents will put their children in the middle of their disagreements, which can mean that the kids are taking on roles that are inappropriate for their stage of development. They might find themselves trying to protect a distraught parent, serving as a confidant, or trying to resolve their parents’ fights.
These issues can also crop up when a parent purposefully denigrates the other parent in front of their children, which is another problematic pattern.
In some unfortunate cases, a parent will try and convince their kid that their other parent should be rejected. There is a lot of controversy about the concept of parental alienation, but it doesn’t take a rocket scientist to recognize that this type of activity could be very harmful to a child.
According to a number of studies, the following points were found regarding parental alienation in families:
Another study found that parental denigration is usually a two-way street. When denigration is present, it is largely reciprocal. When both parents are talking badly about the other, studies have found that children feel less close to both parents along with less mutual trust, increased feelings of isolation from both parents, and poorer communication quality.
While this type of behavior seems to put distance between children and both of their parents, the study found that the “denigrator parent” is actually the one that children most often feel especially distanced from.
Children who have been raised in environments that involved parental denigration are reported to have:
If you are tempted to speak negatively about your co-parent in front of your children, it’s worth noting that children tend to blame the divorce on the person who is doing the trash-talking, not the one who is being denigrated.
Divorce is an emotional time, but it’s important to be conscious of what you are saying about your co-parent in front of your children. Not only does speaking negatively about them increase the likelihood that your children will experience a number of negative mental health effects, but it can also damage your relationship with them.
Co-parenting can be difficult, but it’s ultimately best for children to have a positive relationship with both parents.
There are a number of different violations that can occur in relation to child custody agreements in addition to a breach of a non-disparagement clause. It's worth understanding the types of child custody violations as the consequences of violating one of them can be quite serious.
One of the most common ways that child custody orders are enforced is when the parent that violated the order is held in contempt of court. If a parent doesn't fulfill their child support obligations or violates the terms of their custody order in Texas, they can be found in contempt. However, sufficient evidence is necessary.
They also might not hold a parent in contempt if there are specific provisions missing in the order relating to the following information:
If a parent tries to get in the way of the other parent's possession or visitation rights, a court is probably going to find them in contempt of court. If the other parent made it possible for the violating parent to comply or they encouraged the violation, the court won't hold the violating parent in contempt.
The penalties of being held in contempt of court include up to six months in county jail and up to $500 in fines. If you are being accused of violating a child custody order, you will most likely want to work with a lawyer to help provide your legal defense.
Getting divorced is never easy, and it's particularly difficult when there are children involved. Divorce can be very hard on children even when everything is fairly amicable. When divorcing parents are caught in a constant state of conflict, it can take a serious toll on the well-being of children.
For this reason, adding a nondisparagement clause to your divorce agreement is worth considering. Even if you feel that you and your ex are getting along well now, it can still be useful to outline boundaries in writing to help keep the best interest of the kids front and center.
If you're thinking about incorporating this clause into your agreement, it's a good idea to talk to your lawyer. The language of legal contracts is very important, and you'll want to make sure that the agreement you're drafting serves your desired purpose.
If you're getting divorced in Texas, it can be useful to learn as much as possible about the entire process. If you're searching for more resources about Texas family law, be sure to check out the rest of our blog at TexasDivorceLaws.org.
