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.
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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.
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.
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.
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.
Sophia received her BA from Vassar College. She is a researcher and writer that aims to help make the complexities of the legal system understandable to the layperson. Believing that people can be empowered by understanding their rights and responsibilities under the law, Sophia aims to offer accurate and well-researched information in straightforward and easy-to-digest legal articles.
