Your divorce is finally over– congratulations! Though you’ve passed an important milestone, it’s important to recognize that your hard work isn’t quite done yet. There are a number of affairs that will need to be put in order once a judge grants you divorce– including removing a name from your deed.
If both you and your spouse were on the deed for your property and only one of you was awarded the home, you’ll want to transfer ownership as soon as possible. You can do this with a Warranty Deed. Beyond that, you’ll need to ensure that the names on your mortgage loan reflect the new ownership arrangement.
In general, a home or other piece of real estate that was bought during a marriage is assumed to be marital property that both spouses owned. This is the case even if only one spouse’s name is on the deed.
If you’re wondering how your prenup might impact property division, take a look at this guide to prenuptial agreements.
Property purchased during the marriage will need to be divided during the divorce process. If both spouses’ names are on the deed, this usually means that one name needs to be removed.
You’ll find a detailed legal description of the property in question and who is receiving it as a result of the divorce in your divorce decree. This document should also outline which spouse is responsible for all of the associated expenses that go along with owning the property.
Your divorce decree can, in some cases, operate as a muniment of title. This essentially means that the divorce decree on its own might be sufficient to transfer the property to the appropriate spouse. Even though this can be the case, it’s important to understand that the divorce decree alone doesn’t actually change the property records so that they reflect who the owner now is.
When one spouse is awarded the house by a judge via a signed divorce decree, the other spouse has to transfer all of their interest in the property to the spouse that is receiving the house. In most cases, this is done with a Special Warranty Deed.
Once the Special Warranty Deed is signed by the other spouse, it needs to be filed with the Office of the County Clerk so that it can be included in the county’s property records.
The other option is to file a property deed that transfers the house into the name of the spouse that won the home in the divorce.
A Warranty Deed is required when you are transferring a house after a Texas divorce. The Special Warranty Deed is the most common deed that is used for this purpose, but a General Warranty Deed can also be used.
The deed needs to be signed in front of a notary by the spouse whose name is being removed from the title. This signed and notarized document is then filed at the County Clerk’s Office in the same county as the home.
You will need to submit the original signed deed to the clerk’s office– a copy isn’t sufficient.
There is also usually a recording fee that will be charged in order to file the deed. The precise amount can vary depending on the county, but it’s usually around $30 or $40.
For more information about the financial aspects of getting divorced in Texas, take a look at our guide to the cost of a Texas divorce.
It’s also worth noting that many county clerk’s offices only accept cash, a money order, or a certified check. They commonly don’t accept personal checks. It could be prudent to confirm the accepted payment methods ahead of time before driving to the office.
The original deed will be returned to the new property owner once it has been filed. This process will also update the tax records so that the new owner receives the tax bills associated with the property.
It’s important to note that the Warranty Deed only takes care of the transfer of ownership and doesn’t impact the names that are listed on your mortgage. In order to remove a spouse from a home loan, you will need to work with the mortgage company, which we discuss in the next section.
Do you need to change your name after your divorce? This guide walks you through the steps you’ll want to take.
Though transferring ownership of your property after divorce is an important step, you’ll also want to consider whether you have a mortgage on the home and whose name is on the loan.
If only one spouse’s name is on the mortgage and they were awarded the property during divorce, you won’t have to make any changes.
However, if both spouses’ names are on the mortgage and only one spouse was awarded the home, you’ll need to refinance the mortgage in the name of the new property owner.
Refinancing a mortgage can take time, as the lender will take a look at the individual’s assets and income to determine whether they will be able to refinance the mortgage.
You should find in your final divorce decree a statement about whether refinancing will be necessary on the part of the spouse that’s keeping the house. It should also state how long they have to refinance the loan.
When you have this in writing in your divorce decree, it can make it possible to file a motion to enforce the decree if your spouse doesn’t refinance the mortgage within the allotted time. That being said, the court doesn’t have any authority to order a lender to give a loan.
When you refinance a home loan, it means that a new loan is being created. As a part of the refinancing process, the old loan is paid off. The ex-spouse, that isn’t on the deed or mortgage anymore, won’t be responsible for any liens, past due mortgage payments, or other types of property-related debt.
If the thought of refinancing your mortgage is daunting, there is another option. Some lenders will remove the ex-spouse’s name from the loan if they are presented with a divorce decree and the appropriate warranty deed. This would then leave the original loan as it is but only with one spouse’s name on it. Even loans that are underwritten by governmental organizations (such as VA loans) can have a spouse’s name removed in some cases.
Unfortunately, ex-spouses can sometimes be unwilling to cooperate when it's time to transfer the house after a divorce. Or, relatedly, you might be struggling even to locate them.
If you’re struggling to find your spouse during the divorce process or they are being completely uncooperative, you’ll want to read up on the process of getting a default divorce.
If you find yourself in this situation, you might be able to file a certified copy of your final decree of divorce with the county clerk’s public property records.
In these instances, your divorce decree can act as a “muniment of title.” This will need to be a certified copy and not just a regular copy.
What makes a copy of your divorce decree certified? It will be signed by the clerk and have a stamp on it that states that it is certified. You’ll need to file this document in the property records once you receive it. You will want to file the certified copy at the clerk’s office in the same county where the house is.
If you don’t want your divorce decree to become a part of the public record, though, you will want to get and file a Warranty Deed. When you file a divorce decree in the property records, it means that it enters the public record. If this is the route you have to take, you’ll want to black out any private, confidential information that shouldn’t be included in the public records.
If you need to remove your name or your spouse’s name from the deed to your home after a Texas divorce, the spouse that no longer owns the property will need to sign a Warranty Deed and file it with the county clerk’s office where the property is located.
If both of your names are on the mortgage, you’ll want to either refinance or ask the lender to release one spouse from the loan.
Searching for more information about your Texas divorce? Check out our Texas family law blog!
When you finish the mediation process in a Texas divorce, you’ll be ready to move forward with your divorce with a settlement agreement in hand. This might leave you wondering, how long after mediation is a divorce final in Texas?
The answer is: it depends. There are a number of steps that must still occur, and the complexity of your case, the calendar of the court, and other factors will influence precisely how long it takes.
How long it takes to finalize your divorce after mediation depends on a number of factors, including the court’s calendar and the complexity of your case. There is no set timeline for each of the steps that stand between you and your finalized divorce after mediation, and you also have to factor in the waiting period that is required in Texas divorces.
Once you have reached a settlement agreement as a part of mediation, there are still several more steps to take before you can have your Divorce Decree in hand. These include:
If you and your spouse have completed mediation before the sixty-day waiting period is up, you’ll have to wait until this “cooling-off” period has passed to finalize your divorce. The waiting period begins from the time that you file your divorce petition with the court.
Of course, other factors can influence how long it takes between mediation and the finalization of your divorce. Fairly simple cases where you and your spouse don’t have much in the way of assets or property and don’t have any children will likely be finalized faster than if you're dealing with a more complicated case.
If one of your goals is to get a divorce as fast as possible, check out our post on how to get a fast divorce in Texas.
In order to gain a better understanding of how long it will take after mediation for your divorce to be finalized, let’s take a look at the steps that must happen between agreeing to a mediated settlement and the judge signing your final decree of divorce.
Once you and your spouse have reached a settlement agreement during mediation, the mediator will file the agreement with the court. In many instances, this happens within twenty-four hours after the agreement has been reached.
In many Texas courts, one party will need to stand before a judge to “prove up” the agreement. This is particularly true if the case involves child custody. A “prove-up” entails standing before a judge, stating that an agreement has been reached by the parties, and briefly explaining what is contained in the agreement.
Then, the judge will take a close look at the settlement agreement to make sure that it fits within the bounds of Texas family law. Though this might sound intimidating, they approve of the agreement in most cases.
If a “prove-up” is not required or once the “prove-up” is complete, your attorney can request an entry date. This is a date by which all of the parties must sign and submit the final decree or order to the court.
Are you getting divorced without a lawyer? Make sure you check out our guide to getting a DIY divorce in Texas.
One of the attorneys in your case will begin drafting the final decree once the entry date has been set.
The final mediation settlement agreement documents contain all of the agreements made between the parties, but it isn’t a lengthy document written in precise and wordy legal language. They’re typically only a few pages long, meaning that the drafting process isn’t something you need to expect will draw out your divorce timeline.
Once the initial draft has been created, one of the attorneys will create a longer document that uses the appropriate legal language required for the task.
At the point when the final draft is completed, you, your spouse, and your lawyers will have the chance to review it. Though you might be eager to get your divorce finalized, it’s important to make sure that you agree with all of the final languages before entering it with the court.
The parties involved will typically return to work with the mediator if there are issues with the wording in the final draft. The mediator will act as an arbitrator in this instance to help determine which language best communicates the agreement that was made during mediation.
If there is still a disagreement at this point, the parties will have the opportunity to present their side of the story to the judge on the entry date. The judge will then make a final judgment.
There are a number of documents you will need to submit to the court in addition to your final decree of divorce. In Texas, you will likely have to submit withholding orders and medical support orders if your case involves child support for minor children, for example.
You will also have to file your personal information sheets with the Texas Bureau of Vital Statistics. If your case involves the division of property, you might need to submit special warranty deeds and qualified domestic relations orders.
It’s also worth noting that Texas divorce entry dates are frequently used as deadlines for the exchange of money or property, as outlined in the settlement agreement. That being said, this is not required, and parties can agree to alternate dates to exchange property as well.
The day is finally here– your divorce is about to be finalized! The lawsuit is complete when the judge signs the final divorce decree or order.
That being said, your hard work likely isn’t over yet. There are a number of steps you will want to take after your divorce to make sure all of your ducks are in a row, including:
These are only a few of the things you’ll want to keep in mind after your divorce. The dissolution of a marriage is a big process, and you’ll find that divorce-related tasks remain on your to-do list for some time after your divorce is finalized.
It's best to deal with all divorce-related tasks right away rather than putting them off. Though it can feel like a lot to deal with, you'll be glad to have the entire process over with as soon as possible.
When you finish the mediation process in Texas, you’re often eager to have the divorce finalized as quickly as possible so you can move on with your life. Depending on the court’s calendar, the complexity of your case, and a number of other factors, though, how long it takes to complete the necessary steps can vary.
Are you looking for more resources to help you navigate your divorce before, during, or after mediation? Make sure you check out our family law blog for more articles, guides, and useful information.
Learning how to do your own divorce in Texas can potentially save you thousands of dollars on attorney fees. At the same time, hiring a lawyer might be money well spent if your finances are complicated or the divorce is contested.
If you feel comfortable representing yourself in your divorce case, the process involves filing a petition for divorce and supporting documents, serving your spouse or having them sign a Waiver of Service Only form, creating a marital settlement agreement, and having a judge sign off on your Final Decree of Divorce.
What does the process look like if you file for a DIY divorce in Texas without a lawyer? Let’s look at the basic steps involved.
In order to file for divorce in Texas, you will need to meet the residency requirements.
While there are a few exceptions for military families and public servants, both of the following need to be true if you want to get a Texas divorce:
The specific divorce forms you will need to do your own divorce in Texas will vary depending on the circumstances of your case. For example, there will be different paperwork if you have minor children than if you don't have children.
In addition to collecting all of the forms you will need to file for divorce, you’ll also want to gather documents about your finances and anything else that will be pertinent to the divorce. Locating and organizing the documents ahead of time can make the process less stressful and go more smoothly.
The divorce process officially begins when you file your Original Petition for Divorce. There are some important decisions you will need to make before you can do this, such as whether you can file for an uncontested divorce. This is the simplest way to get divorced, as it means that you and your spouse have reached an agreement about all divorce-related issues.
If you are able to file for an uncontested divorce, one of the supporting documents you will file is your divorce settlement agreement. This document will outline the division of assets and any other terms you have agreed to, such as spousal maintenance, child custody, and child support. If you have minor children, you will also need to include a “suit affecting the parent-child relationship” along with your petition for divorce.
When you file, you will also have to select the legally recognized reason you are getting divorced, known as the grounds for divorce. You can get a no-fault or a fault-based divorce in Texas. Even if you believe that your spouse is responsible for the dissolution of the marriage, it is often advantageous to file a no-fault divorce to reduce complexity. When you file for a fault-based divorce, you are burdened with providing proof that your spouse is responsible for the breakdown of the relationship.
If you feel that filing for a fault-based divorce is the right choice for you, it might be best to work with a lawyer rather than doing your own divorce.
Once you have filed your paperwork with the courthouse in your county, you will need to serve your spouse to notify them that the divorce process has been initiated officially. Your spouse can either file a Respondent’s Original Answer form or complete a Waiver of Service Only form.
There is a sixty-day waiting period that applies in almost all Texas divorces.
This means that once the petition for divorce is filed, a judge cannot grant you a divorce until sixty days have passed. You can continue taking action toward your divorce, but it cannot be finalized until the waiting period is over.
You and your spouse will complete a Final Decree of Divorce if you are getting an uncontested divorce on your own. It’s important to fill out the entire form and not leave any sections blank except for the spot for the judge to sign.
Once the waiting period is over, you can go to court to finish up the process. You will need to attest to a handful of facts about yourself and your situation in order to finalize your divorce.
So long as you and your spouse can show a judge that you have distributed property and debt fairly and that any issues related to children are in the best interest of the kids, they will likely sign your decree.
You will need to bring your Original Petition, a file-stamped copy of the Respondent's Answer or their Waiver of Service Only form, as well as your Divorce Decree.
If you have minor children, additional documents might be necessary.
Once the judge has signed your Final Decree of Divorce, you will go file it with the court clerk. Congratulations– your divorce is final!
If you are filing for divorce without a lawyer, it means you are considered a Pro Se litigant in your divorce case. “Pro Se” is a Latin term that means “in one’s own behalf.” Essentially, it means that you are representing yourself in the case rather than hiring an attorney.
Generally, getting a Pro Se or DIY divorce is only recommended if there are no contested issues or complex circumstances involving assets, debts, and children.
Perhaps the most compelling reason to do your own divorce in Texas is the potential savings. Instead of costing several thousand dollars, a DIY divorce typically only costs a few hundred dollars. Generally, you will only need to pay the filing fees and a few other related court fees.
Check out our guide to the cost of divorce to learn more.
Saving money during your divorce is great, but not everyone is a good candidate for a Pro Se divorce. In some instances, working with a lawyer will help to protect your interests and the interests of your children.
If any of the following is true, you should consider hiring an attorney rather than going it alone:
If you aren’t sure whether or not you can handle getting a divorce on your own, you might consider setting up some consultation appointments with divorce lawyers in your area. Meeting with a few different attorneys can help you get a range of perspectives on how complex your case will be. Additionally, you might find that hiring a lawyer for a few select tasks, such as going over your paperwork before you file, is a cost-effective way to make sure everything goes smoothly in your divorce.
For more resources about getting divorced in Texas, check out our Texas family law blog.
Getting divorced is often an individual’s first interaction with the court system in their state. If you’re thinking about filing to dissolve your marriage, you’re likely wondering, “what are the requirements for getting divorced in Texas?”
In Texas, there are residency requirements you need to fulfill, fees that must be paid, and a waiting period that must pass before a divorce can be finalized. You are not required to file for divorce on fault-based grounds.
In order to get divorced in Texas, you will need to meet the two residency requirements dictated by the state.
During the time leading up to filing for divorce, either you or your spouse needs to fulfill the residency requirements, which are:
People that are serving in the armed forces or serving in a state or federal government service outside of Texas can still qualify for getting a Texas divorce so long as:
The same goes for spouses that accompany a husband or wife that is serving in the armed forces or another government service in another state or country.
If you are a military family and you are getting divorced with children, you will want to consult with a lawyer. If your children have been living outside of Texas for the previous six months, courts in Texas might not be able to make orders regarding your kids.
The cost of divorce can vary greatly depending on a long list of factors. In general, there is usually a “filing fee” that you pay when you file the initial paperwork. Filing fees vary between counties, but they usually cost between $250 and $300.
You also might have to pay a “service fee” and an “issuance fee” if you need to have your spouse served.
You can learn more about the specifics of court fees involved in your divorce by contacting the district clerk’s office in the county where you will be filing for divorce.
It is possible to ask a judge to waive your fees if you aren’t financially able to cover them. You can do this by filling out and filing a form known as the Statement of Inability to Afford Payment of Court Costs.
In order to have your fees waived, you will need to prove that one of the following statements is true:
If your court fees are waived, you won’t have to pay “any fee charged by the court or an officer of the court, including, but not limited to:
You can find this language in Texas Rule of Civil Procedure 145(a).
For more information about how much you should expect to pay to get divorced in the Lone Star State, check out our guide to the cost of divorce in Texas.
Every state in the U.S., plus the District of Columbia, permits no-fault divorce these days. This means that you can file for divorce without alleging that the other person is at fault in any way and instead pointing to the fact that the relationship is unreconcilable.
Before that, though, you would have to have grounds for divorce in order to be granted one. One of the motivations of the no-fault divorce movement that revolutionized divorce laws across the country was the reality that spouses would often allege false grounds in order to be granted a divorce.
Some U.S. states have completely removed a person’s ability to file for divorce on fault-based grounds such as abandonment, adultery, or cruelty. In Texas, you have the option to file for a no-fault divorce or on fault-based grounds.
Your spouse does not have to agree to the divorce in order for it to be granted. Only one spouse has to believe that the relationship is irreconcilable.
There are seven grounds for divorce in Texas, which are:
Even if you believe that your spouse is at fault for the dissolution of the marriage, you might still choose to file on the grounds of insupportability (a no-fault divorce) in order to make the process simpler, faster, and less expensive. If you are thinking about filing for divorce on fault-based grounds, it’s a good idea to consult with a lawyer. They will be able to help you understand the different potential timelines and outcomes of each of your options.
Another requirement for divorce in Texas is the mandatory sixty-day waiting period. This means that a court cannot grant you a divorce until sixty days have passed since you filed for divorce.
There are only two exceptions to this rule, and they are very specific. The waiting period can be waived if:
You can determine when your waiting period will be over by looking at a calendar and starting the day after you filed the Original Petition for Divorce. When counting out sixty days, including both weekends and holidays.
If the sixtieth day after you file is a Saturday, a Sunday, or a holiday, the next business day will be the first day your waiting period is over.
Even though a judge can’t grant a divorce until these sixty days have passed, it’s important to understand that you might still have to wait longer than that for your divorce to be finalized. This has to do with the specifics of your case and the schedule of the courthouse.
Though it might be frustrating to learn that you have to wait sixty days before the divorce can be finalized, this period of time can give you and your spouse the opportunity to decide if you really want to get divorced. Legally dissolving your marriage is a big decision, and it can be good to have a “cooling off period” where everyone can think through the ramifications of this event.
You are able to continue working on reaching an agreement with your spouse about the terms of your divorce during this time. The process of divorce doesn’t have to come to a halt during the waiting period. You simply won’t be able to complete the process until the waiting period is over.
No, you are not required to have a lawyer in order to get a divorce in Texas. You can choose to represent yourself if you’d like. This is known as being a Pro se Litigant.
Getting divorced without a lawyer in Texas can potentially save you thousands, if not tens of thousands of dollars. However, this isn’t a decision you want to take lightly. The outcomes of a divorce can have a huge impact on your finances, your relationship with your children, and your life, so you’ll want to make sure you understand the implications of representing yourself before doing so.
Be sure to check out our Texas Divorce Laws blog for more resources about your rights and responsibilities during a divorce.
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.
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.
The average cost of divorce in Texas is about $15,600 when a couple is divorcing without any children. When there are children involved in the marriage, the average cost is $23,500. When you look at numbers like these, you might be wondering how to find an affordable divorce attorney in Texas.
Depending on your situation, you might be able to manage your divorce without hiring a lawyer. In many cases, though, enlisting the help of a legal professional to some extent is advisable.
Let’s take a look at how to find the legal help you need at a price you can afford.
The state of Texas doesn’t require you to hire an attorney when you’re getting divorced.
Hiring a lawyer, however, can be beneficial for a number of reasons, including:
Some people choose to get divorced in Texas without hiring attorneys. If your divorce is amicable and your finances aren’t complicated, you might find that you and your spouse are able to walk through the process without professional legal help. However, consulting an attorney is usually a good idea if you are facing any issues concerning children, property distribution, or spousal support.
Divorcing couples that have already reached an agreement regarding the terms of a divorce might be tempted to try and hire one attorney to save money during a divorce. Not only does it cost more to hire two attorneys, but divorcing spouses often worry that two lawyers can end up stirring up avoidable conflict.
Unfortunately, though, you can’t hire one divorce attorney to represent both parties in a divorce. The reason for this is that the spouses are seen as opposing parties in a lawsuit, and it would therefore be a conflict of interest as well as a violation of ethics to have one attorney represent both parties. This is true no matter how amicable the split is.
However, there are a number of ways you can limit the role of lawyers in your divorce to keep the cost of divorce down. These include:
We will take an in-depth look at both of these options further down in the article.
If you are getting a divorce and you’ve learned that your spouse has already hired a lawyer, you most likely should hire your own attorney to represent you in the case. Divorces certainly occur frequently with one lawyer or no lawyers involved, and maybe you will find that hiring an attorney isn’t necessary for your situation.
However, not hiring a lawyer when your spouse has one can put you in an unfavorable position. This is particularly the case if your divorce is contested. When one spouse has a lawyer and the other doesn’t in a divorce, it is often the case that the person who has legal representation ends up receiving a better outcome when the divorce is finalized than the spouse without a lawyer.
In the section “How to Reduce Costs When Hiring a Divorce Lawyer in Texas,” we’ll talk a bit more about only one spouse deliberately hiring a lawyer to help save money on the divorce overall.
According to a national survey from Martindale-Nolo Research, the average total cost of divorce in the U.S. ranges from $7,000 to $23,000.
On average, divorce lawyers charge an hourly rate of $270, but there is a lot of variation when it comes to individual rates. 11% of respondents paid only $100 per hour, while 20% of respondents paid $400 an hour or more.
There are significant regional differences in the hourly rates charged by divorce attorneys. In large cities and on the coasts, lawyers tend to charge a much higher hourly rate than in rural areas and non-coastal locations. While it might go without saying, the survey also found that more experienced attorneys also charge a higher hourly rate than divorce lawyers that are new to the practice.
The hourly rate, however, only gives you a small piece of the puzzle when it comes to how much your legal fees will add up to at the end of the divorce.
In the survey referenced above, it was found that people who hired a lawyer to handle everything in the entire case (known as a full scope divorce attorney) ended up paying $11,300 in lawyer fees, on average.
This number is skewed by a small number of people that had very high attorney’s fees, though. When you look at the median, which is perhaps a better picture of the typical costs of hiring a divorce lawyer, the number comes out to about $7,000.
The biggest expense in your divorce will be the lawyer’s fees if you hire a full-scope divorce lawyer. That being said, there are other costs to getting divorced that you’ll want to incorporate into your sense of how expensive divorce will be in your particular case.
There are court costs you’ll have to pay, including the filing fees.
Depending on your circumstances, you might also have to pay fees for:
In the Nolo survey, the average cost for these additional expenses among people who hired divorce attorneys was $1,480. The median for these costs was $500.
You can learn more about the cost of divorce in Texas here.
Unfortunately, Texas is considered one of the more expensive states in which to get a divorce. According to a report from USA Today, the Lone Star State is the fifth most expensive state to get divorced in regardless of whether or not children are involved.
How much it will cost to hire a divorce lawyer in Texas will depend on the details of your case. Some of the factors that influence the cost of hiring a divorce lawyer include:
The average hourly rate for a divorce lawyer in Texas is $300 an hour. However, your location within Texas can play a role in how much your attorney charges by the hour. Let’s look at the typical hourly rates for some of the largest cities in Texas:
The average cost of divorce and attorneys fees in Texas, not including the filing fee, is $12,500, according to FindLaw.com.
Estimates of the total cost of divorce in Texas vary depending on the source. One study conducted between 2015 and 2019 found that the average cost of divorce in Texas was between $11,000 and $13,000. Another study suggests that divorces without children cost an average of $15,600 in the Lone Star State, while divorces involving children cost an average of $23,500.
As you can see, the range of how much a divorce can cost is enormous. Considering that attorney’s fees are the bulk of the cost of divorce, focusing on reducing costs when hiring divorce lawyers can significantly reduce how expensive your divorce is.
There are a number of creative ways to keep your costs down when it comes to attorney's fees in a divorce.
One popular option for divorcing couples that are interested in keeping the overall cost of divorce down is mediation. During divorce mediation, both parties can be ethically assisted by an attorney-mediator. The reason for this is that the mediator is acting as a neutral third party, rather than a representative of either spouse.
When you undergo mediation for your divorce, both spouses can receive legal information and even legal analysis from the mediator. However, the attorney mediator will refrain from giving legal advice to either party.
Basically, the mediator will work to educate each individual about their rights and responsibilities without taking sides or acting on behalf of either party.
The job of a mediator involves:
When you are proactive about going through divorce mediation, you can help to keep the cost of divorce down. Mediation is typically much less expensive than divorce litigation, particularly when you pursue it early on in the process.
In cases where mediators work with unrepresented couples, they will usually recommend that each party has their own attorney review their agreements before they put their names on legally binding contracts. However, each individual is free to decide whether or not they want to have a lawyer review the settlement documents.
Even if both spouses want to hire their own lawyers, early mediation can help to keep the overall cost of divorce down as well as the level of conflict.
The cost of private divorce mediation can range quite a bit. Nationally, the price for mediation is usually between $3,000 and $8,000. This bill is typically split between the two parties, however. According to one source, the average cost of divorce mediation in Dallas is between $4,000 and $8,000.
If you and your spouse have reached an agreement about all of the terms of your divorce, you could choose to have only one of you hire an attorney. While this can keep the overall cost of divorce down, you’ll want to be very careful when going this route– particularly if you are an unrepresented spouse.
The circumstances in which this could be appropriate include divorces where all of the following are true about the divorcing couple:
Usually, an attorney who only represents one party in a simple divorce that has gone through mediation or an uncontested divorce will charge a flat fee. This fee might cover a meeting to gather basic information and draft standard documents (including the petition and decree) between the client and a paralegal. It also might include:
It is very important to understand the notion of attorney-client privilege if you and your spouse decide to only hire one lawyer. The attorney will have the duty to diligently represent the best interest of and provide legal advice to the party that hires them only. This means that the person who actually signs the representation contract with the attorney is the only one that receives the benefits of having a lawyer.
If the agreement were to fall apart during the process of getting divorced, for example, the divorce attorney is very likely to transition the case to billing at an hourly rate rather than a flat fee because they would consider the case to now be contested rather than uncontested.
If you are wary of the expense of hiring a full-scope attorney in your divorce, you might choose to keep the cost of divorce down by hiring a consulting attorney to help you with specific tasks. A consulting divorce lawyer might be able to help you:
You also might be able to hire a consulting attorney to represent you in court appearances.
Based on the Nolo national survey referenced earlier in the article, only one out of ten respondents hired a consulting attorney as a part of their divorce. However, the average total fees were $4,600 with a median of $3,000 for those who hired consulting lawyers, which is quite a bit cheaper than hiring a full-scope attorney.
Of course, there is always the option to get divorced without a lawyer. When your estate is simple, the divorce is agreed, and you don't have children, this can be a reasonable path to take. Other people might be good contenders for a DIY divorce, but it's important to understand the risks of forging forward without any legal help.
To learn more about representing yourself in a divorce, check out our guide to getting divorced in Texas without a lawyer.
Wondering where you can find an attorney that won't charge you an arm and a leg for their services? Here are some places to look.
One way to find an affordable divorce attorney in Texas is to contact the Texas Bar Association. Their site has a search directory that allows you to look for lawyers that offer services based on a variety of fee options.
Their search function will let you answer a number of questions in order to find options that will fit your circumstances.
There is also a Lawyer Referral & Information Service offered by the Texas Bar Association that serves more than 246 counties in Texas. This service helps people that are seeking legal assistance find lawyers and other resources.
There are a number of different referral services, nonprofit law firms, and programs that aim to help middle-income Texans with the legal needs that they have. You can learn more about the Lawyer Referral Service of Central Texas, the Texas Lawyer Referral Service, the Houston Lawyer Referral Service, and the American Family Law Center on the Modest Means Programs section of the Texas Bar Association site.
Any family law attorney office you call will likely tell you that they are the best people to handle your case. “Affordable” divorce lawyers that advertise small retainers are often just trying to get you in the door before you burn through the initial retainer and end up owing them a lot more money.
One way to find neutral advice in terms of an affordable and good attorney is to speak with any non-family law attorneys or accountants you know. If there aren’t any legal or tax professionals in your network, you can also call a number of different offices and write down all of the recommendations you receive.
When you speak with these lawyers and accountants, ask them who they would use if they found themselves in a situation where they needed to protect their own interests. Of course, it’s always possible that these people have personal relationships with lawyers they would recommend, but calling a number of different offices should help you pin down some names that are worth following up on.
There are a number of options available to couples that are low-income in the state of Texas and are pursuing a divorce.
If you are seeking an attorney that you don’t have to pay for either through a legal aid organization, a law school, or other means, it’s worth noting that these types of programs can often have very long waiting lists. Divorce is expensive, and there are many people that are looking to save money or who simply cannot afford a divorce.
Firstly, it’s worth mentioning that you might qualify to have your court fees waived if you have a low income. You will need to fill out a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond if you want to ask the court for a fee waiver.
This form is a way to communicate to the judge that you can’t pay the required court fees. It’s essential that you don’t leave any sections blank on the form and that you fill it out completely in either black or blue ink.
If you aren’t able to afford a lawyer but your spouse can, you can ask the court to order your spouse to pay for your lawyer. This is typically referred to as “interim attorney’s fees.”
You will be more likely to be granted your request for interim attorney’s fees if the following are true:
Pro bono lawyers are attorneys that agree to take on a portion of your case or all of your case at no cost to you. The best way to find one of these lawyers is to contact a program such as the Houston Volunteer Lawyers Program which specializes in providing Pro Bono lawyers.
In order to apply for this type of help, you will probably have to attend a free legal clinic first. It is worth mentioning that there is no guarantee that you will get a Pro Bono lawyer by attending a legal clinic.
Also, some of these Pro Bono programs are designed specifically for certain types of individuals, such as veterans or low-income individuals. They will each have their own guidelines or requirements.
While Pro Bono lawyers aren’t paid for their time, lawyers that work with a legal aid organization are paid for their work by funders rather than the client. Examples of legal aid organizations include the Legal Services Corporation and the Texas Access to Justice Foundation. To help you find legal aid organizations that might be able to assist you, you can use the Legal Help Finder from Texas Law Help.
You can also sometimes get free legal help from law schools in Texas. In many cases, however, these programs only serve people that are dealing with simple divorces that don’t involve children. Since they each have their own qualifications, though, it certainly doesn’t hurt to call law schools in your area and find out what your options are.
If you're interested in saving money in your divorce, check out these cheap divorce options in Texas.
Of course, you always want to be wary of people that are out to take advantage of you or scam you when hiring a divorce attorney. Everyone wants to spend as little money as possible on their divorce, but you don’t want to do so at the expense of a favorable outcome.
You should be very skeptical of law offices that offer flat fees of $200. The reason for this is that the filing fees in most Texas counties cost more than $200. On top of that, there are additional fees you will need to pay in a divorce, including hiring a process server and the cost of a citation.
You might also find lawyers that advertise $500 flat rate divorces. Considering the costs of filing fees and other associated expenses, it is unlikely that you will receive the type of services you are looking for at the rate. You might find that they are actually just selling you forms that you will need to fill out on your own and maybe some software if you’re lucky.
Divorce isn’t cheap, and it makes sense to try and save money when hiring a lawyer. After all, this is by far the most expensive part of getting a divorce. However, it’s important to make sure that you are still receiving quality legal services when you find a bargain or aren’t getting roped into an agreement that will ultimately leave you paying more money than you signed up for.
There are definitely ways to keep the cost of divorce down, and that doesn’t have to mean sacrificing having experienced legal representation on your side.
We hope to help empower Texans with knowledge about their rights and responsibilities under the law through our library of divorce resources. If you are getting divorced in Texas, be sure to check out the rest of our blog.
Getting a divorce is expensive, but with some careful planning and a mutual willingness to cooperate, you can keep your costs down. There definitely are cheap divorce options in Texas, but what this means in your case will depend on your particular circumstance.
For instance, if your case is fairly simple and you and your spouse are in agreement, a DIY divorce is an affordable option. If there are contested issues though, the most important thing will be avoiding going to trial if at all possible to keep costs down.
The looming reality of an expensive divorce can be extremely stressful, and you might find yourself lying awake at night wondering: what are my cheapest options for a divorce?
Tackling these questions in advance is the first step in saving money on your divorce. One way that people spend more than they need to on divorce is by hiring professionals before they try to work things out on their own. Let's take a look at what your cheapest options are so you can make a plan that fits your financial situation.
Depending on your particular circumstance, how much it will cost to get divorced in Texas can range enormously. Later on in the article, we’ll talk about what the cheapest divorce options are in Texas. First, though, it’s useful to understand exactly how much a Texas divorce costs.
A number of different factors can influence the cost of a divorce, but the average cost, according to one study conducted between 2015 and 2019, typically ranges between $11,000 and $13,000.
Another frequently referenced study found that getting a divorce in Texas is even more expensive than that. For divorces that don’t involve any children, this study found that the average cost is about $15,600. When there are children involved in the divorce, the average cost was found to be $23,500.
Texas is considered to be the fifth most expensive state in the entire country to get divorced, whether or not you have children.
While these numbers are probably a bit frightening to anyone other than those with the deepest of pockets, it’s worth understanding that you don’t have to spend this much on a divorce if you’re able to get an uncontested, agreed divorce.
When you get a divorce in Texas, the biggest expense by far will be the bill you get from a lawyer. Divorce lawyers commonly charge by the hour, which means that the legal fees you accrue will have to do both with their hourly rate and how much work they have to do in order for you to get the outcome you want.
It is possible to get a divorce in Texas without a lawyer, which we’ll discuss later. However, the more complicated your circumstances are, the more sense it makes to seek legal assistance. While it can be tempting to save money on your divorce, you don’t want it to be at the cost of undesirable outcomes in your settlement.
For more detailed information about how much you should expect to pay for a divorce in the Lone Star State, check out our complete guide to the cost of a Texas divorce.
When you’re getting divorced, the decisions being made as a part of the process can have an enormous impact on your life after divorce. This includes your relationship with your children, where you live, your finances, and more. For this reason, it’s important to not avoid hiring a lawyer just to save money when you really need legal assistance.
However, if your divorce is fairly straightforward, you might be a good candidate for a DIY divorce. If this is the case, it means that you can save thousands, if not tens of thousands, of dollars during the process.
Here are some of the criteria that can mean a DIY divorce might be a good option for you. The more of these boxes you can check off, the more likely it could make sense to go it alone without a lawyer:
If you and your spouse aren’t on the same page when it comes to divorce, it’s probably best to get a lawyer. If your spouse already has a lawyer, it’s generally advised that you should get one, too. It’s important to recognize that the decisions being made in the divorce will have a big impact on your life, and though legal fees can feel outrageous, you also don’t want to be left in a situation where you get an unfair deal in the end.
If you’re able to get divorced without a lawyer, the divorce will only cost a few hundred dollars. The only costs will be the filing fees and maybe a few other associated fees for the courts. The filing fees for Texas courts depend on which county you are filing in, but they typically range from $250 to $350.
The cheapest way to get a divorce in Texas is to get an uncontested divorce, just as it is in pretty much any other U.S. state. In order to get an uncontested divorce, you and your spouse will need to agree on all major issues involved.
Getting an uncontested divorce in Texas can range in cost from $300 to $5000. In order to get divorced for as little as $300, neither you nor your spouse has a lawyer, and you are dealing with filing the paperwork on your own.
On the higher end of that price range, it likely means that both you and your spouse are working with a lawyer. However, the costs aren’t nearly as high as they could be because you aren’t accruing the legal fees that come along with a contested divorce. In a contested divorce, lawyers will work to resolve the contested issues, which will increase the number of hours they work on the case and, therefore, your bill.
If you want to get a cheap divorce in Texas, you have a number of options. If you and your spouse are low-income, there will be additional options available to you. The criteria you need to meet to qualify as “low income” will depend on the organization you’re working with.
Getting a DIY divorce is the cheapest way to get divorced in Texas unless you are able to have your fees waived or otherwise qualify for a low-income legal aid program.
A DIY divorce is when you and your spouse file the paperwork without either of you hiring a lawyer to represent you in the case.
You aren’t legally required to hire an attorney to get divorced in Texas, and you can even choose to represent yourself in family court if the divorce goes to trial. In general, though, it is advised that you only get divorced without a lawyer if your case is fairly simple and all of your terms are agreed upon.
Getting divorced without a lawyer means that you only have to pay the court filing fees and maybe a few other small court fees. Each county has different filing fees, and you’ll file for divorce in the county where you reside. These typically range from $250 to $350.
If you can’t afford to pay these fees, you can ask the judge to waive the filing fee. To do this, you’ll need to fill out and file a form titled Statement of Inability to Afford Payment of Court Costs.
If you aren’t sure whether getting a DIY divorce is a good idea, you might consider having a consultation with a family lawyer. They will often give free initial consultations, and it’s possible that they will be able to help you understand the process a bit better and get a sense of whether this is something you can handle on your own.
There are a number of factors that, if involved, indicate that you should work with a lawyer rather than getting a DIY divorce. These include:
If any of these are true for you, it’s important that you talk to a family law attorney rather than going it alone.
For more information about saving money on divorce by avoiding attorney fees, check out our recent post about getting divorced in Texas without a lawyer.
Even though getting a DIY divorce can be fairly straightforward if you and your spouse agree on everything, don’t have children, and don’t have much in the way of assets or debts, you still might find that navigating the situation is a bit over your head. The law is complicated, and legal forms don’t necessarily make it easy to feel certain that you’re filling in the right information in the right place.
In some circumstances, you might find that the best middle ground is enlisting a lawyer for certain services. Rather than hiring a lawyer to represent you and your spouse hiring a lawyer to represent them, you might find that a family law attorney is willing to look over your paperwork for a fee.
This can help give you peace of mind and ensure that you’re filling out the paperwork the right way. Most people want their divorce cases to move along as quickly as possible, and if you make a mistake in the paperwork, it can set the whole process back.
If you and your spouse have a complicated enough situation that it makes sense to hire a lawyer, i.e., you have children, you have complex finances, or you have a lot of assets in your name, you can still get a relatively affordable divorce so long as it is uncontested.
Once you involve lawyers, the total bill for the divorce will likely be in the thousands of dollars rather than hundreds of dollars. However, it’s important to factor in the cost of your time, how important it is to you that the settlement is fair, and what is at stake if the divorce proceedings don't result in an outcome you're satisfied with.
When you’re dealing with a complex financial situation, lots of assets, and shared debt, lawyers can help you navigate the process with less stress. Figuring out how to file for divorce when you have complicated finances can be a huge learning curve, and you might find that hiring lawyers is well worth the cost.
There are a number of different legal aid organizations that you can turn to if you need to get a divorce and you qualify as low-income. Each organization has its own eligibility guidelines, which can include how much income you earn, where you live, and the type of case.
It’s common for legal aid organizations to require that your household income level is somewhere below 125-200% of the Federal Poverty Guidelines. Your percentage will be determined by how many people live n your house and your pre-tax household income.
You can use this chart from the U.S. Department of Health and Human Services to find out where your household falls in the Federal Poverty Guidelines.
If you still live with the person that you’re getting divorced from, you won’t want to count their income when you are determining your household income. You also shouldn’t count them as a part of the household.
The residency requirements for legal aid programs in Texas typically mean that you need to be a current resident of Texas.
For people who are in the Armed Forces and stationed elsewhere temporarily, their residence is considered the place where they normally live when they aren’t deployed. If you or your spouse usually lives in Texas but is deployed elsewhere, then you (or your spouse) are a Texas resident.
Some legal aid groups have additional eligibility factors as they are specialized for specific communities. These can include sexual assault survivors, veterans, people with disabilities, and seniors.
It’s worth understanding that qualifying for legal aid doesn’t mean that your case will be taken by a given organization. Because divorce is expensive, many people want to use these programs in order to obtain a divorce for free. This can mean that there are long wait lists, leaving you in a situation where you can’t even begin the proceedings for a few years.
If you and your spouse simply can’t agree on all of the involved issues, your next cheapest option is either going to be undergoing mediation or a collaborative divorce.
Mediation is typically less expensive than a collaborative divorce, but both of these options are usually cheaper than taking a case to trial. By far the most expensive way to get divorced is to get a contested divorce that goes to trial. It’s at this point that the legal fees can start to exponentially stack up.
Mediation is an alternative dispute resolution method that you can use in Texas. During mediation, both parties meet with a third party which is known as the mediator. They don’t make any decisions regarding your settlement but instead, work with the two of you to help reach an agreement.
There are a number of benefits to undergoing mediation if you and your spouse can’t agree on the terms of a divorce. It is typically a lot cheaper than going to trial, and it also allows the two of you to stay in control of the outcome. After all, if you take the case to court, a judge will ultimately decide on the issues you were unable to settle on your own. Mediation also keeps the matters discussed privately rather than entering the public sphere by going to court.
Collaborative divorce, on the other hand, is a form process under Texas Law. This is a non-adversarial process where both parties work to resolve the dispute without a judge involved.
You have to sign a collaborative family law participation agreement in order to engage in this process. The two of you also each have to have a collaborative family law attorney.
Mediation can be involved in a collaborative divorce, but it also can include other processes in an attempt to help both parties reach a suitable resolution.
Some law schools also offer legal clinics for low-income individuals. For example, The South Texas College of Law offers Family Law Clinics where students represent clients.
In this example, they do have an Advanced Clinic where students represent clients who have more complicated cases, including factors such as custody agreements, contested property, and other complex issues. They also have a Basic Clinic where students represent clients in divorces that don’t involve children and only minimal property.
In many instances, though, college law clinics might only offer this latter type of legal service. You’ll find that the wait list for these types of clinics can also be quite long because of the demand for divorces without the cost. However, this can be a valuable resource for people who don’t mind waiting longer for their divorce but can’t afford to pay.
How much your divorce costs is going to depend on the details of your case. While some of the factors that make a Texas divorce more expensive might not be avoidable, others might be. Here are some of the reasons that a divorce starts to get more expensive.
When you and your spouse have minor children, a divorce typically costs more money. This is because there are more issues to come to an agreement on. On top of that, it is often advised that people with children should work with a lawyer when getting a divorce. After all, the outcome of the divorce doesn't just affect you and your spouse but also your children.
A contested divorce is more expensive than an uncontested divorce. This is because you will likely enlist lawyers, mediators, and other professionals to assist you and your spouse in reaching an agreement. The longer it takes for a settlement to be reached and the more time you need from these professionals, the more your divorce will cost.
Typically the most expensive way to get divorced is to take a contested divorce to trial.
When you file for a fault-based divorce, you're accusing your spouse of behavior or actions that led to the dissolution of the marriage. You will need to prove this in court, and the process of collecting evidence, enlisting experts, and otherwise building a case will be much more expensive than filing for a no-fault divorce.
While divorcing couples can have intense disagreements over any of the terms of the divorce, one of the issues that conjures the most hostility is often child custody. While this can be a very meaningful fight indeed, having a long, drawn-out custody battle can get expensive quickly.
The reason for this is twofold. On the one hand, an intense custody battle will likely accrue a lot more attorney fees on both sides. On the other hand, the parents might also ask the court to appoint an attorney on behalf of the child, which is paid for by the involved parties.
Needing to divide assets is normal in a divorce, but the process gets more expensive the more complicated those assets are. If your marriage involves unusual, complex, or large amounts of financial assets, there is a good chance you will also need to enlist financial experts. On top of that, the negotiation process will probably be a lot longer when you have complex assets.
Some people misunderstand the role of the family court and expect that this is a venue where their spouses can be punished for their wrongdoing. The legal divorce process isn't an opportunity to exact revenge or to air your grievances. If you approach the process as a battle over who was a worse spouse in the marriage, you will end up spending a lot more money without receiving any additional beneficial results.
Sometimes, a spouse will essentially refuse to be fair, polite, or reasonable. Divorce can get expensive when one or both parties are intentionally difficult. Though it certainly doesn't always happen, sometimes people feel the need to turn their divorce into a fight.
If you have a child with special needs, there might be a need for additional child support, and they might require significantly greater care. On top of that, they might need a parent that has greater job flexibility.
Creating a parenting plan in this type of situation usually requires a lot of negotiation and also might need to involve the child's therapists and physicians.
Sometimes parties in a divorce case can get fixated on a certain outcome to the extent that they spend more money fighting over something than it is actually worth. While property can certainly carry a sentimental value that is difficult to value, it's important to weigh out how much something is worth before battling over it in court. You might find it would have just been cheaper to re-purchase the asset after the divorce.
Parties often have to disclose documents and information to the other side during a Texas divorce. If one or both parties are having difficulty during this part of the process, it can draw things out and make it more expensive.
Some people feel strongly that the most important thing is having their day in court so that a judge will ultimately decide who is right and who is wrong. This is related to the previously stated issue of people who misunderstand the role that the court plays in a divorce.
Usually, a party can gain the same results through negotiation as they can through a trial. Avoiding trials will keep the process less expensive. The reality is, that anything you want to say to your spouse about your marriage can be said without involving the lawyers, courts, and all the associated fees.
Even a vague thought about the cost of divorce can leave you feeling overwhelmed and stressed. When you hear about divorce cases that cost tens of thousands of dollars, it can make you wonder whether you can even really afford to legally dissolve a marriage, that is, by all other accounts. With some planning, organization, and, hopefully, some collaboration, you and your spouse can keep the cost of divorce down no matter what your situation.
Navigating the legal process can be daunting, but the more you learn about Texas family law the more you can have a firm grasp of which path is right for you.
At TexasDivorceLaws.org, we have an ever-growing library of articles full of information about everything you could ever need to know about family law in Texas. Be sure to check out the rest of our resources to learn more about getting divorced in Texas.
Getting a divorce in the state of Texas can cost anywhere from a few hundred dollars to more than $20,000. The easiest way to keep the cost of divorce on the lower end of that spectrum is to avoid hiring an attorney. For this reason, it’s common for divorcing couples to seek information on how to file for divorce in Texas without a lawyer.
You are allowed to file as a Pro Se litigant in the state of Texas, but it is typically only advisable to do so if you are filing an uncontested, no-fault divorce.
While it can be tempting to try and save money on a divorce, acting without the help of a lawyer can put you at risk of making costly and life-altering mistakes.
However, if both you and your spouse agree on the terms of the divorce, getting a DIY divorce can help you save thousands if not tens of thousands of dollars. Let’s take a look at what you need to know if you’re filing for a divorce in Texas without an attorney.
You are not legally required to hire an attorney in order to get divorced in the state of Texas. You can choose to represent yourself in family court during the process. With many tools available on the internet to help you navigate the process, self-filing for divorce has gotten a lot easier these days than it used to be.
That being said, you might want to carefully consider whether or not you will be able to protect your interests and legal rights in a divorce case without the help of an attorney. If your divorce is fairly straightforward, i.e. you and your spouse have few assets, no children, and you agree on all divorce-related issues, then you can save a lot of money by taking a DIY approach to your divorce.
However, there are definitely some benefits to hiring a lawyer. These can include helping to reduce your stress and workload, giving you access to expert legal advice, ensuring that you avoid potentially costly mistakes, and helping you avoid delays in the process. If your spouse has a divorce lawyer, you will probably want to get a lawyer of your own.
There are a number of questions you will want to ask yourself before you choose to move forward with a divorce without the help of an attorney.
There are residency requirements that you must meet in order to file for divorce in Texas. According to the Texas Family Code, you must have lived in Texas for at least six months before you can file divorce papers. You also are required to have lived in the county where you are filing the documents for at least ninety days.
Before you decide to get divorced as Pro se litigants (meaning you are representing yourself without the help of a lawyer), you’ll want to determine whether your divorce is contested or uncontested.
A contested divorce means that the two of you aren’t able to come to an agreement regarding one or more major issues. It can be difficult to always agree on absolutely every issue in a divorce, even if you are both putting forward your best effort.
You may find that you and your spouse disagree about issues that relate to financial issues, property issues, or issues related to your children.
Having a contested divorce doesn’t necessarily mean that you have to go through a painful, drawn-out divorce in the courts, though that does sometimes happen. The issues at hand can also be resolved through alternative methods, including mediation or negotiation. If you are unable to reach an agreement through informal methods, though, a judge will have to resolve the issues in court.
An uncontested divorce, as you might imagine, is when you and your spouse are able to agree on all of the divorce terms. This means that you can both retain control over your property and parenting decisions rather than potentially having to turn it over to a judge.
While you have the right to represent yourself in Texas divorce cases, it is likely a good idea to at least consult with an attorney before doing so if you’re pursuing an uncontested divorce. In general, it is recommended that you hire an attorney when your divorce is contested.
Representing yourself as a pro se litigant is much more reasonable if your divorce is uncontested. When you and your spouse can agree on all divorce-related issues on your own, you can go through the process without the help of a lawyer. Not only are uncontested divorces much more straightforward, but you also stand to save a lot of money by streamlining the process and avoiding hiring attorneys.
Another important question to ask yourself before you file for a divorce without a lawyer in Texas is on what grounds you are getting divorced. Grounds refer to a legally acceptable reason that you want to dissolve your marriage.
In the state of Texas, there are seven grounds for divorce. Three of them are considered no-fault grounds, and the other four are considered fault-based grounds.
The three no-fault grounds for divorce in Texas are:
The four fault-based grounds for divorce in Texas are:
It is only advisable to pursue a divorce without the help of a lawyer if you are filing for an uncontested divorce based on one of the no-fault grounds. By far, the most common ground for divorce in Texas is insupportability, which means that you and your spouse have differences that can’t be reconciled.
If you are planning to sue for divorce using fault-based grounds, you will most likely want the help of a lawyer. These cases are much more complicated, more time-consuming, and more stressful. If you are claiming that your spouse is responsible for the end of the marriage through the court system, you will have to prove it in court. Unless you are a legal expert in your own right, you will probably want the help of a lawyer to go that route.
If you have decided that filing for divorce without a lawyer in Texas is the right decision for you, there are a number of steps you will have to complete in order to file for and finalize your divorce. In many instances, there is a specific timeline you need to follow, so you’ll want to be sure you are attentive to various deadlines during the process.
Jurisdiction over divorces falls on District Courts in the state of Texas. If you reside in a very rural county, there might only be one District Court in your county or even one that presides over multiple small counties. If you live in a small county, you will want to find out which District Court serves your county.
In larger districts, District Courts are divided into different subdivisions that focus in certain legal areas. If you live in such a district, you will want to file your divorce papers with the proper Family District Court.
You can determine which court you should file with by using the Texas Pro Se Divorce Handbook.
Once you have figured out which court you should file your paperwork with, you will want to obtain the proper documents. Whether you and your spouse own real property or have children together will impact which forms you need to fill out.
There are approved sets of forms for couples that have children, don’t have children, or don’t have either children or property.
You will need to submit a Civil Case Information Sheet in order to file for a divorce in Texas. This form asks for information about you and your spouse, including your name, phone number, address, and email. Since this is a sheet that is required for anyone filing a civil case, you will also need to indicate that you are filing for a divorce under the “Family Law” section.
When most people think of divorce papers, they are usually thinking of what is known in Texas as the Original Petition for Divorce. Whether or not you have children will have a big impact on what information you need to offer on this form.
For people who are filing for divorce without children, the form is only four pages long. However, this paperwork for couples with children requires filling out more than twice as many pages.
When you are filling out this paperwork, you can leave the case number blank. When you file the paperwork with the court, the Court Clerk will fill out this section for you.
If you are the spouse that is filing the paperwork, you are referred to as the Petitioner. The spouse that will receive the paperwork is known as the respondent.
You will want to bring the original petition in addition to two extra copies, to the appropriate District Clerk’s office along with the required filing fee. You can either hand-deliver this paperwork, or you can mail it. If you choose to mail it, you will want to include a stamped, self-addressed envelope so that the clerk can send you a copy.
The next step is to legally notify your spouse of the Petition. There are a number of ways that you can choose to serve your soon-to-be ex-spouse (the Respondent):
The easiest method is to have your spouse sign a Waiver of Service. The Respondent must sign this after the Petition has been filed with the court and a file-stamped copy of the Petition has been given to the Respondent. Otherwise, the waiver isn’t valid.
Your spouse will have a set period of time to file an answer to the notification of the Petition for Divorce, regardless of how they have been notified. The deadline is 10 a.m. on the Monday twenty days from the day that they were served.
It’s worth noting, though, that an answer will be considered valid even if they miss the deadline so long as they do so before the divorce has been finalized.
If an answer isn’t filed by the Respondent, it is possible after a certain period of time to continue moving forward with the divorce.
Respondents also have the option to file a counterpetition in addition to an answer.
In the state of Texas, there is a mandatory waiting period of at least sixty days before a divorce can be finalized. The clock starts ticking on this waiting period from the date that you file your divorce petition with the court.
If you and your spouse are able to reach an agreement on any outstanding issues during this time, it can make the whole process go much more smoothly and quickly.
Ground rules for the waiting period can be set in the form of temporary orders at the motion of either party or the court.
While a divorce cannot be finalized before the sixty-day waiting period is up except in very specific instances, you can move forward with other parts of the process.
You are allowed to schedule your final hearing on any date after the waiting period is over. Your final hearing can involve a bench trial or a jury trial. If you and your spouse have managed to come to an agreement on all divorce-related issues and present them in writing, your hearing can be quite simple. In these cases, your hearing might only consist of answering a few questions before the judge enters the agreement into the court records.
The Final Decree of Divorce can be reached by the judge or a jury or through agreement by you and your spouse. This should deal with any of the issues that were still outstanding in your divorce. Typically, what this means is that the decree will outline the division of all community debt and community property and make clear how child custody and child support will be dealt with.
This will also detail any name changes if one or both parties are reverting their name to a previously used name, such as a maiden name. However, you will need to undergo a separate proceeding if you want to legally change your name to a name you have never used before.
In some courts, you will be required to submit your draft of the Final Decree of Divorce as a pro se litigant before you appear for your final hearing. In order to determine whether you need to do this in your jurisdiction, you can check with the court administrator.
You will need to fill this paperwork out in full in order for it to be signed by the judge. It’s therefore very important that you don’t leave anything blank in the Final Decree of Divorce.
In some, but not all, Texas counties, parents who are getting divorced are required to go to parenting courses before their divorce can be finalized. You might need to file your certificate of completion with the court before you can prove your divorce.
You might want to get in touch with the court administrator to learn whether or not you will be required to attend this type of course before scheduling the prove-up for your divorce. Understanding what is required of you can help to make sure that you can attend the course and receive the certificate of completion in a timely matter that doesn’t set your divorce back.
If you are pursuing a simple, uncontested divorce, your hearing might be as simple as appearing before a judge and providing both evidence and testimony regarding the terms of your divorce. This can mean answering just a few questions before he signs the Final Decree. When the parties are getting this type of simple divorce, it is sometimes known as the “prove-up.”
If there are contested issues in your divorce at the time of the hearing, though, the process won’t be as simple. It is often recommended to enlist the help of a lawyer if you are going through a contested divorce.
You will want to call the court ahead of time to learn when they schedule uncontested divorces and if you will be required to make an appointment. In some districts, you also might be required to go to the clerk’s office and get the official court file in order to bring it with you to the courtroom.
On the day of your divorce, you will want to bring:
The Waiver of Service needs to have been on file with the court for at least ten days prior to the final hearing.
When your case is called by the judge, you will want to approach them, hand them the original Final Decree of Divorce and the other documents you have brought. In the Pro Se Divorce Handbook, you can find sample prove-up scripts under Appendices A and B. In a simple, uncontested divorce, you will want to read the script that applies to your circumstances.
You might then be asked some questions by the judge. If the divorce is approved, the judge will tell you they are granting a divorce and sign the Final Decree of Divorce. They will also sign any other appropriate orders, if applicable.
The court files will then be returned to you. You will then go to the judge’s court administrator with the court file and copies of the required documents. The copies will then be “conformed” (stamped with the signature of the judge) and returned to you. The court file itself will need to be left with the administrator.
You will then be responsible for sending one set of the final document copies to the Respondent. In order for the State of Texas to process your divorce, you will also have to complete a form known as the “Austin” form. There might be additional forms you have to complete if child support is ordered in your case. These forms will be for the Child Support Disbursement Unit or the Attorney General. You can find copies of these forms with the court clerk.
Once the judge has signed and dated the Final Decree of Divorce, your divorce is finalized. Neither you nor the Respondent is legally allowed to get married again until thirty days have passed from the date the Final Decree of Divorce is signed. This is because both you and the Respondent are allotted a thirty-day window in which you can appeal the decision of the judge.
Getting a divorce without a lawyer can save you a lot of money. However, it’s only advisable to go this route if you are getting an uncontested, no-fault divorce. Additionally, the process can get a lot more complicated if you and your spouse share significant assets and debts, or have children together.
Are you looking for more information about divorce laws in Texas? If so, check out our library of articles on TexasDivorceLaws.org.
One of the most common reasons that married couples get divorced in Texas has to do with financial issues. Having problems with or disagreements over money can put a lot of strain on a relationship. For some spouses, it is the primary reason that they decide to dissolve their marriage and go their separate ways. When deciding to end a marriage, many individuals are faced with two glaring questions: how much does a divorce cost in Texas and how much does a divorce lawyer cost?
An unfortunate irony here is that getting a divorce can be a huge financial burden in itself.
While high-income couples might be able to withstand tens of thousands of dollars in court and attorney fees, the cost of divorce is potentially financially ruinous for spouses in a lower income bracket.
How much it costs to get divorced in Texas can range from a few hundred dollars to more than $20,000.
It’s essential to understand the various factors that can influence the cost of a divorce to help ensure that you don’t get in over your head financially. On top of that, more expensive divorces indicate a lengthy divorce process, which isn’t just expensive but also incredibly stressful, time-consuming, and emotionally taxing.
The most substantial element that impacts the total cost of divorce is whether you hire an attorney. Let’s take a look at what you need to know about the cost of divorce in Texas as well as the cost of hiring a divorce lawyer so you can come up with a strategy that works for your circumstance and your finances.
The cost of getting a divorce in Texas can range greatly depending on your particular circumstance. Later on in the article, we’ll break down the different factors that influence how much you should expect to pay for a divorce in the Lone Star State. First, though, let’s take a look at the average cost of divorce in Texas according to research conducted between 2015 and 2019.
These studies found that the average cost of getting a divorce in Texas is between $11,000 and $13,000.
Another commonly referenced study found that the average cost of getting a divorce in the state is $15,600 if there aren’t any children involved. For cases where there are children involved, the average cost according to this study is $23,500. Based on a report from USA Today, this makes Texas the fifth most expensive state in which to get a divorce both with and without children.
These numbers represent the average total cost, including both attorneys’ fees and other associated costs. However, it’s important to understand that people engaged in cases with no contested issues can typically spend quite a bit less on a divorce.
According to the same study, the average hourly cost of hiring Texas divorce lawyers is between $260 and $320 an hour.
While you can choose to try and save money by taking a DIY approach to your divorce, it’s worth noting that you would be in the minority. Nearly three-quarters (73%) of respondents in these studies hired an attorney to assist them in at least some part of their divorce proceeding. Out of those that did hire a lawyer, 81% hired lawyers in order to handle the entirety of their case from start to finish. This is often referred to as “full-scope” representation.
For most couples that are going through a divorce in Texas, the lawyers’ bill will be, by far, the biggest expense. Most divorce attorneys charge by the hour, which means that how much it costs you to hire a lawyer depends on both their hourly rate and how long it takes for your case to be resolved.
As you’ve likely noticed, how much a divorce costs in Texas covers a pretty huge range. What determines how much you will be faced with paying depends on a number of different factors. Let’s take a look at some of the major aspects of a divorce that can influence the total cost.
While it might seem like a small cost compared to the potential costs of hiring a Texas divorce lawyer, there is some variation in how much the filing fee will cost you when you’re getting divorced. The cost of the fee depends on which county you are filing for a divorce in as well as if you are taking any additional steps such as filing for a temporary restraining order. If you are filing for additional protections, the fee will cost more.
In Texas, you can expect the filing fee to cost between $250 and $350 without any additional filings. It is commonly the Petitioner (i.e., the person who is filing for divorce) that is responsible for paying this fee. If both parties agree that they want to pursue a divorce, though, they might choose to split the filing fee.
If you are worried that you won’t be able to pay the filing fee, the state does offer an alternative. You can fill out a document known as a Statement of Inability to Afford Payment of Court Costs in order to have the filing fee waived so long as you meet certain qualifications.
One major factor that impacts how much getting a divorce in Texas is going to cost is whether or not the two parties involved agree on most, if not all, issues in question. Basically, if you are both interested in saving money during the divorce process, it’s recommended that you come to a mutual agreement on all major issues before bringing it to the courts. Of course, depending on your circumstance and relationship, this might be easier said than done.
On the other hand, if you and your spouse disagree on one or many major aspects of the divorce, you can expect the cost to increase pretty quickly. The more time that is needed to resolve your case using lawyers and the courts, the more expensive the entire ordeal will be.
If you and your spouse are getting divorced and you can’t agree on how to divide your property or debt, this decision will be made for you by the courts. The state of Texas is what is known as a community property state. This means that everything that was acquired during the time you were married should be divided equally between the two of you, with a few exceptions.
This is worth knowing if you are trying to propose that you receive a greater share of the assets than your spouse in divorce proceedings. Because the standard is to split assets and debts 50/50, it will likely take a lot of time and money to prove to the court that you should receive more than half of the marital assets (or less than half of the marital debt.)
It is often recommended that you talk to a handful of different attorneys before you select one to work with during a divorce. Though a difference of $25 or $50 in an attorney’s hourly rate might not seem like much, it can actually add up to quite a bit of savings when you’re talking about how many hours your lawyer could put into your case. It’s also important that you find an attorney that you feel comfortable working with and that you trust. You might decide that you are willing to pay a slightly higher hourly fee for an attorney that you truly believe will act in your best interest.
By far the cheapest way to get a divorce in Texas is to avoid hiring a lawyer entirely. However, one should not take on this decision lightly. While taking a DIY approach to a divorce might seem like the cheapest option, it’s possible that you could end up making mistakes that are so costly that hiring an attorney would have been the more affordable option after all.
Plus, when you don’t hire an attorney to help in your divorce case, it means that you will need to invest a lot of your time into navigating the divorce laws in Texas, filling out and filing divorce papers, calculating child support, negotiating the settlement, and so much more. Before you decide to do away with having a divorce lawyer entirely, consider whether or not you can afford the time cost and the potential cost of mistakes that could come along with representing yourself.
According to the Texas Department of State Health Services, a little more than half of the divorces in Texas in 2013 involved no children. 21.5% of divorces involved one child, while the remaining 23.7% of divorces involved two or more children.
Whether there are children involved in a divorce can have a big influence on how much a divorce costs in Texas. Typically, divorces without children cost less than those with children. Why is this, you ask?
Basically, there are two primary reasons why a divorce that involves children might cost more than one that doesn’t. The first is that you will have to come to an agreement when it comes to child support, and the second is that you will need to design a custody arrangement and make a parenting plan.
If you and your spouse are in agreement about how you will deal with child support and custody, this doesn’t necessarily have to add that much in the way of expense. However, if you cannot come to an agreement, the court will get involved and the cost of your divorce will increase.
One of the most important factors that will inform how much a divorce will cost is your choice of the divorce process. In the state of Texas, the three most common types of divorce processes are collaborative divorce, mediation, and divorce litigation.
If you are looking to lower the cost of your divorce, mediation and collaborative divorce are both methods of alternative dispute resolution (ADR). If you choose to undergo divorce litigation, getting a divorce can be quite a bit more expensive, as you will have to pay for higher court costs, legal fees, and other associated expenses.
If you choose to do a truly DIY divorce, every aspect of the process is handled by you and your spouse. While this is the cheapest way to get divorced, it’s important to ensure that you aren’t making costly mistakes along the way.
Divorce negotiation or mediation can range in formality from you and your spouse negotiating the terms of your divorce on your own to having your attorneys negotiate on your behalf. This option is less expensive than going to court, but you will have to pay for the lawyers based on their hourly rate.
Collaborative divorce involves each spouse being represented by an attorney. When a couple undergoes this type of divorce, they are agreeing to reach a settlement outside of the courtroom. The focus of this type of divorce process is to remain respectful and maintain dignity during the process, as going through the courts can be trying, vicious, and damaging.
While people usually assume that collaborative divorce is a way to save money versus litigation, the costs can add up quickly. This is particularly true if specialists are brought in to help support both individuals and their children as a part of the process.
Lastly, there is litigation. This is typically the most expensive way to get divorced. This is when the spouses have the courts decide on the outcome of one or several issues. In some instances, this might be the only option if there is an uncooperative spouse or the case involves substance abuse or domestic violence.
Going the litigation route will require significant lawyer fees and court costs. This is particularly the case if a trial is required.
One of the most commonly contested issues in Texas divorces is that of alimony. If one spouse is requesting alimony and you aren’t able to agree on this issue outside of the courts, the divorce process gets more expensive. This is because it will require more time and effort in order to resolve the dispute.
As discussed above, litigation is one of the major factors that can quickly drive up divorce costs. For this reason, it’s a good idea to work with a divorce attorney to help you and your spouse negotiate alimony outside of the courtroom.
Are you wondering what you need to know about divorce if you are informally married? Check out our guide to common law marriage in Texas.
Texas is a community property state. This means that any debt that has been accrued or any assets that have been earned during the marriage belong to both spouses equally. It also implies that, in the event of a divorce, all community property is subject to a “just and right” division between both parties involved.
This understanding of marital property also applies to the costs of divorce. Since spouses are still legally married until the divorce has been finalized, attorneys’ fees and the costs of divorce are also subject to this same type of division.
If it comes to it, a judge can decide what percentage of divorce fees each party is responsible for. In making this decision, the judge will usually look at each spouse’s financial circumstances. If one person makes the lion’s share of the money, the judge might rule that this person should pay a greater portion of the costs of divorce, up to requiring that they pay all of the expenses related to divorce.
A judge can also decide that one party should pay all of the divorce fees if they act in bad faith. This can mean failing to reveal all debts or assets, refusing to comply with discovery requests, or not complying with court orders.
Check out these cheap Texas divorce options if you're looking for ways to save money during your divorce.
Getting an uncontested divorce is generally the cheapest way to get divorced in any U.S. state. If you and your spouse agree on all major issues, you can greatly reduce the cost of getting divorced.
The cost of a Texas uncontested divorce can range anywhere from $300 to $5,000. On the lower end of the spectrum, neither you nor your spouse are involving lawyers and are filing all the necessary paperwork on your own. On the higher end of the spectrum, both spouses are working with a lawyer but the costs are minimized because you aren’t paying legal fees associated with resolving contested issues.
Did you file for a divorce a while ago and are worried that your case is going to be dismissed? You can learn about whether divorce petitions expire here.
In most cases, it’s not recommended to get divorced without at least some help from a lawyer. The decisions being made during the divorce process have a major impact on your life after divorce, including your finances, your living situation, your relationship with your children, and your future financial prospects.
That being said, it’s possible that your circumstance won’t necessarily require working with a lawyer. The more of the following points that are true, the more likely going without a lawyer could make sense:
For instance, if you and your partner have only been married for a year, have no children, have maintained separate finances, and don’t own a home, you might find that you can get divorced without a lawyer. This is, of course, assuming that you have mutually agreed that getting divorced is the right option for both of you.
If you do end up going this route, it can mean that a divorce only costs you several hundred dollars rather than several thousand dollars (or tens of thousands of dollars.) This is because you will only have to pay filing fees which can range from $250 to $350 depending on your county and a few other court fees.
It is highly recommended that you work with a lawyer, at least to some extent, if any major issues are contested, if there are children involved without a previously agreed-upon parenting plan, or if the relationship has involved domestic violence, substance abuse, or mental health issues.
According to research from Martindale-Nolo, the average cost of total legal fees per spouse in a US divorce was $11,300. The average hourly rate charged by attorneys in the United States can range greatly, sometimes as low as $100 an hour and sometimes as much as $400 or more per hour. This might leave you wondering, how much does a divorce lawyer cost in Texas?
Unfortunately, Texas is not the cheapest state in which to get a divorce. As we’ll discuss later on, the average cost of a divorce in Texas, not including filing fees, comes in at about $12,500.
It’s important to consider how complicated your divorce is when you are trying to estimate how much it will cost to hire a lawyer. There are a variety of factors (see: “What Factors Influence the Cost of Hiring a Divorce Lawyer in Texas?”) that will impact how many hours a lawyer will need to spend working on your case, which will, in turn, influence how much it costs to hire a lawyer.
While hiring a lawyer is probably going to be the most costly part of getting divorced, there are additional costs that you’ll want to be aware of. We’ll discuss these a bit later in the section titled “What Other Costs Should I Know About in a Texas Divorce?”
According to FindLaw.com, the average divorce costs and attorneys fees, not including the filing fee, is $12,500 in Texas.
The average hourly rate for a Texas divorce lawyer is $300 an hour. However, factors like location and the complexity of your case can impact the hourly rate you should expect to pay.
Dallas divorce attorneys typically charge between $200 and $500 an hour. The hourly rate for an uncontested divorce without property, debts, or children is commonly about $225 per hour. If there are children involved in the divorce and there is property to be divided, the hourly rate will be more like $475.
In Dallas, the average cost of a contested divorce is just shy of $13,000.
The average hourly rate for a divorce lawyer in Houston is $300 per hour. You can expect that the hourly rate can vary depending on the experience of the attorney as well as the particular details of your case.
If you hire a Houston divorce lawyer for an uncontested divorce without any children or property, you might only be looking at a flat fee starting from about $850 (not including the cost of filing fees.) However, if you’re embroiled in a contested case, it will typically cost no less than $15,000 in Houston.
A Fort Worth divorce attorney will commonly charge between $175 an hour and $325 an hour. The flat fee (excluding filing fees) for an uncontested divorce without children or assets is usually between $500 and $1000. Of course, you can expect that an uncontested divorce in Fort Worth will be much more costly.
Are you worried your spouse is going to try to pull something funny during your divorce? Be sure to familiarize yourself with the most common sneaky divorce tactics.
Hiring a lawyer to help you get divorced in Texas can cost anywhere from several hundred dollars to potentially tens of thousands of dollars. This is a huge range, which means it isn’t particularly useful alone to help you gauge how much a divorce will cost.
Let’s take a look at some of the factors that influence how much it will cost to hire a divorce lawyer, both in the hourly rate they charge and the total number of hours that a lawyer will put into a case.
In the most populated cities and counties in Texas, you can expect that the hourly rates for divorce lawyers will be significantly higher than in rural parts of the state.
You might choose to take this into account if you and your spouse meet the residency requirements for two different counties as a result of not living together anymore. If you are willing to work together to get a divorce in the least expensive way possible, there’s a chance that filing in one county vs. another could provide quite a bit of savings overall.
As with most professional services, you will end up paying a higher hourly rate for a divorce attorney with decades of experience compared to a lawyer fresh out of law school.
Depending on how complicated your divorce is, you might be able to save some money by hiring a less experienced attorney. However, you’ll want to be realistic about whether the savings will be worth it when compared to what is at stake.
In the state of Texas, you can either file for a no-fault divorce or a fault-based divorce. A no-fault divorce is when neither party is accusing the other of being responsible for the marriage falling apart. A fault-based divorce is when one or both parties accuse the other of being to blame for the divorce.
If your partner wronged you in some way that legitimately led to the dissolution of your marriage, it is totally understandable to want them to face the consequences of their actions. That being said, the cost of a fault divorce is going to be significantly higher than a no-fault divorce. This type of divorce also typically takes quite a bit longer than a no-fault divorce.
For this reason, you might find that it is more advantageous to you in the big picture to file for a no-fault divorce, even if you have compelling evidence to prove your spouse's fault.
An agreed divorce (often referred to as an uncontested divorce) is significantly less costly than a contested divorce. When you pursue an agreed divorce, it means that you and your spouse are in agreement regarding all of the terms of the divorce.
If the two of you can decide on these terms on your own, it means you can avoid the cost of having professionals help you reach an agreement. There are a number of options other than taking your divorce to the courtroom, including mediation and collaborative divorce. While they might be more affordable than full-blown litigation, both of these options are still quite a bit more expensive than reaching a settlement on your own and pursuing an agreed divorce.
If you take a contested case all the way to court, a judge will ultimately decide the terms of your divorce. This is the most costly (not to mention time-consuming and stressful) way to get divorced and should be avoided if at all possible.
If one of the contested issues in your divorce is spousal support (also known as alimony), you can realistically expect to pay more attorney fees than if you and your spouse come to an agreement about alimony on your own.
Though a lot of people worry that getting a prenup means you don't believe a marriage will last, it can actually be an incredibly useful tool for family financial planning. Learn what a woman should ask for in a prenup here.
In the state of Texas, courts typically favor shared custody arrangements in divorce cases where there are children unless there are compelling reasons why this is not in the best interest of the children. If you want sole custody of your children, you will most likely have to prove to the court that your spouse isn’t fit to have custody of your children.
You could also find yourself in a position where your spouse wants to take sole custody of your children. In that instance, you will have to prove in court that you aren’t unfit to act as a parent to your children. If you and your spouse take your disagreements over child custody and child support to trial, the entire divorce will be much more expensive than if you came to an agreement before filing.
The more complicated your financial situation, the more expensive you can expect your lawyer’s fees to be. As with all other divorce terms, it’s much cheaper for you and your spouse to come to an agreement about how to divide assets and debts on your own.
If you have a disagreement about the division of property, you can work with a mediator to try and reach a settlement. You can attend mediation with or without a lawyer.
The more complicated negotiations are and the longer they take, the higher your attorney’s fees will be. If you take it all the way to court, you can expect to pay much more than any of the other options.
The cost of hiring a divorce lawyer in Texas can also increase if your case requires a temporary order hearing or if you have to work to reach an agreement on temporary orders with the help of an attorney.
How complicated is your divorce? In general, the more straightforward your divorce, the less expensive it will be. Things that can add complexity include children, substantial assets and debts, fault-based grounds for divorce, and more.
In Texas, it is common for family law attorneys to charge a retainer upfront. This is a specific amount of money that the lawyer receives from the client in order to secure their services. Basically, it’s like a down payment on your divorce case.
Retainers can range in amount greatly, often from $2,500 to $15,000. If the attorney believes that your case is exceptionally complicated, the retainer could be even more than that.
When you pay a retainer, the attorney places it in an escrow account. As they bill your hours on your case, they will draw money from the escrow account.
It’s possible that you’ll have to replenish the fund in the retainer if your case requires more hours worked than initially expected. When your case is over, you will receive any retainer funds that the lawyer didn’t use. When you have an initial consultation with a lawyer, you can ask them for a retainer quote on your case.
It is not legally required that you hire a lawyer to represent you when getting divorced in the state of Texas. When you represent yourself in a divorce case, you’re performing as a Pro Se Litigant. Just because you don’t have a legal responsibility to hire a lawyer, though, doesn’t mean you probably don’t want one.
There are a number of things you’ll want to consider when deciding whether you should hire a lawyer to get divorced. Scroll down to the section titled “How Do I Know If I Need a Lawyer in a Texas Divorce?” to get a better sense of whether your circumstance implies an answer one way or the other.
As we’ve discussed, there are a ton of different factors that will influence the total cost of divorce in Texas. According to research that was conducted between 2015 and 2019, however, the average cost of getting a divorce in Texas was between $11,000 and $13,000.
Another study claims that the average cost of a Texas divorce that doesn’t involve children is $15,600. The same study states that the average cost for a divorce that does have children involved in Texas costs $23,500.
Texas is the fifth most expensive state in which to get a divorce, whether or not you have children, according to a report from USA Today.
If you and your spouse decide to get a divorce without a lawyer, you can save a lot of money that would otherwise go to attorney’s fees. You’ll only be paying filing fees and potentially a few other related court costs in this instance, which usually ranges between $150 and $350 depending on the county you live in.
Choosing to get divorced without a lawyer isn’t something you want to decide about lightly, though. When you represent yourself in a divorce, you are taking responsibility for the aspects of your divorce that an attorney would normally handle.
To learn more about how to file for divorce in Texas without a lawyer, check out our article on the topic.
If you and your spouse agree on all terms and don’t have any real property, assets, debts, or children, you might choose to get a DIY divorce. This is by far the cheapest way to get divorced in Texas.
The cost of getting divorced without a lawyer will include filing fees and potentially a few additional court fees. The filing fees vary depending on what county you’re in, but they generally range between $150 and $350.
What this means is that your divorce could cost only a few hundred dollars rather than thousands of dollars.
If you and your spouse are pursuing an agreed divorce, but you do have assets, debts, and children, you can still choose to abstain from hiring lawyers. The process will be more complicated, though, and you might find that it is worth working with an attorney to some extent to ensure that you aren’t making costly mistakes.
For example, you could hire a lawyer to review your settlement agreement or look over your paperwork.
The more complex your situation, the more cautious you should be when choosing to proceed without attorneys. If you do end up hiring divorce lawyers to help with your agreed divorce, it will still be quite a bit more affordable than taking a contested case to court.
Since Texas is a community property state, and you aren’t considered divorced until it is finalized, the attorney fees both of you accrue are considered community debt. For this reason, attorney fees are considered during the discussions regarding the final property settlement.
At this time, both spouses and their respective attorneys will present a detailed report of all of the costs accrued over the course of the mediation or trial. Included in this report will also be the projected fees that will be required to bring the divorce to completion.
Ultimately, you and your spouse can decide who will pay for attorney’s fees on your own, through mediation, or a judge can decide for you. A judge will not necessarily split the allocation of legal debts evenly between spouses. For instance, a judge can order a spouse with a higher income to pay the attorney fees of their lower-earning spouse.
Considering how steep attorney fees can be in a Texas divorce, you might be wondering what a divorce lawyer even does for you. Is it worth the cost?
A divorce attorney will handle the financial and custody aspects of your divorce while also working to protect your rights. Another essential service they provide is helping explain the law and the legal options available to you in your divorce.
When you hire a lawyer to get a divorce, they should review the details and documents related to your situation. This might include property value information, tax returns, paycheck stubs, and more. You will also share your account of the circumstance and let them know what you want out of the divorce. Based on the needs you have, they should give you advice that helps you reach the desired outcome.
Only about 10% of divorces go to trial in the United States. However, if your case does go to trial, your attorney will do a ton of work (for a price, of course) to prepare to present evidence before a judge. They will also provide both opening and closing statements as well as call on witnesses that support your case.
Your lawyer will also work on drafting a settlement agreement, which is the document that outlines the division of assets, alimony, child custody, and more.
If you choose to undergo divorce mediation, you might not have to hire a lawyer if your divorce is simple. If it’s complex, though, you might want to have a lawyer while you go through mediation.
You have a few options for getting divorced when you can’t afford a lawyer in Texas.
The first option is getting a DIY divorce, where you are only responsible for the filing fees. If you meet certain qualifications, you can also ask the court to waive your filing fees. This means that it is technically possible to get divorced for free in Texas.
However, you’ll have to do all of the work yourself if you’re filing for divorce without a lawyer. It is your responsibility to file the proper paperwork and generally drive the case forward.
If you can’t get a DIY divorce because your case is complicated, contested, or fault-based, there are some options for low-income couples.
It’s possible that you will qualify for help from a volunteer lawyers program or for legal aid in your area.
Each of these organizations will have its own criteria that need to be met in order to qualify for legal assistance. This might mean that you are required to fall 200% below Federal Poverty Guidelines, for example. In many instances, law school clinics will only take cases that are agreed with minimal property and no children.
While going this route can save you money on attorney’s fees if you qualify, you will generally pay in the form of an extended divorce process. Many people are interested in obtaining divorces with reduced or waived costs, and there is, therefore, usually a long waiting list. These lists can be anywhere from a few months to several years long.
It can be incredibly tempting to try and avoid hiring a lawyer when you’re getting divorced in Texas. After all, legal fees often make up the majority of the cost of getting a divorce.
However, lawyers can offer a number of benefits, including:
Of course, no one wants to take on the cost of attorney’s fees in a divorce if they could have easily gone through the process without the help of a lawyer.
Here are some of the considerations you’ll want to think about when deciding whether you need to hire a lawyer:
Avoiding attorney’s fees is great, but it won’t be worth the savings if you end up with an unideal outcome in the end.
Attorney’s fees are definitely the big-ticket item when it comes to the cost of divorce, but it’s important to understand the additional costs so you can budget accordingly.
One major “cost” that many divorcing couples don’t give enough weight to is the cost of their time. The more complicated your divorce is, the more time it’s going to take to finalize your divorce.
Some of the additional fees you should be aware of when getting divorced in Texas include:
There are also other costs that are less tangible but very real when it comes to getting divorced. For example, dissolving your marriage can be an incredibly emotional experience and deeply stressful. This can leave you feeling un-centered and a lot less on top of the ball than normal. In these instances, it’s easy to pick up small additional expenses that add up over time, such as getting take-out more often than usual or getting ill and missing work.
While the cheapest way to get a divorce is definitely to pursue an agreed divorce, this isn’t always possible. In fact, in some instances, a vindictive or uncooperative spouse might use sneaky divorce tactics to drag out the case and increase your lawyer fees.
If you and your spouse cannot pursue an agreed divorce because you have differing opinions on some of the terms of the divorce, you can try to keep attorney’s fees lower and avoid pricey litigation by going through divorce mediation.
Understanding how much a divorce costs in Texas can help you budget for an upcoming divorce. There are a lot of different decisions to be made when you’re dissolving a marriage, and it can feel pretty overwhelming.
Getting divorced can be a stressful and costly process, but by learning as much as you can ahead of time, you can help keep your expenses low and reduce how long the divorce drags out.
Of course, it isn’t always possible to get divorced on good terms. After all, there are likely disagreements that led you and your spouse to pursue a divorce in the first place. However, if you both agree that you’d like to avoid an outcome where you are both on the hook for thousands of dollars of fees, you might also decide to find ways to settle major issues without the help of lawyers or the courts.
At TexasDivorceLaws.org, we believe that the best way to deal with getting a divorce is to understand the rights and responsibilities you have under the law. When you have a firm grasp of Texas Family Law, it means that you have the best possible chance of receiving an outcome that serves your best interest.
For more resources about family law in Texas, check out our blog about marriage, divorce, and family law in Texas.
