Table of contents:
- What impacts divorce costs in Texas?
- Difference in divorce cost for contested and uncontested divorce
- How much is it for a divorce in Texas: Starting costs
- How much does a divorce cost in Texas: Discovery and mediation phases
- How much is a divorce in Texas: Impact of property division and retirement accounts
- How much is a divorce in Texas: How nasty child support and child custody disputes affect cost
- How much does a divorce in Texas cost: Other legal fees to consider
- Tips for minimizing divorce expenses
- FAQs about divorce costs in Texas
When we first meet with prospective clients at our Fort Worth family law firm, we like to speak openly and honestly about divorce costs. The reality is that getting divorced usually costs thousands of dollars. So how much can you expect to pay? Let’s break it down.
What impacts divorce costs in Texas?
In general, the more complicated the divorce case, the more it will cost to resolve. What complicates divorce? When couples disagree about property division and child custody issues they tend to spend more time in court and more money on court fees and attorney fees.
Even when couples get along well, divorces can become complicated (and cost more) because decisions need to be made regarding complex assets like family businesses and real estate. The more time it takes to come to a settlement agreement, the more you will pay in legal costs.
In addition, legal fees vary depending on the complexity of the divorce and the divorce lawyer you hire. You also get what you pay for—a great divorce attorney at an established law firm will cost you more than a less experienced family law attorney at a small or one-person firm.
Difference in divorce cost for contested and uncontested divorce
One of the key factors that affects Texas divorce costs is whether a couple needs to get a contested vs. uncontested divorce. An uncontested divorce, where the spouses agree on all divorce terms (property division, child custody, child support, spousal support, etc.) can cost as little as a few hundred dollars required to pay court costs.*
Couples looking for a cost effective divorce process often resort to online divorce services to help facilitate uncontested divorces, which can cost $200 and up. If you decide to get legal representation for an uncontested divorce—highly recommended when any assets or children are involved—you can expect to pay $4,500 minimum for your divorce lawyer cost.
Thinking about doing a DIY divorce online? Learn about the risks here.
Couples who need to get a contested divorce, where they disagree on one or more issues pertaining to the divorce, can expect to pay thousands more in court costs and legal fees. We break down costs for contested divorces for the different phases of the divorce process below.
* Individuals who are experiencing financial hardship and can’t afford to pay court fees in Texas can apply to have those fees waived under certain circumstances. Your county clerk can provide details on fee waiver options.
How much is it for a divorce in Texas: Starting costs
We can’t stress the word “starting” enough here because most people going through a divorce end up paying more as the case unfolds (more on that later). That’s why it’s important to prepare yourself mentally and financially if you want to get divorced.
If you have a contested child custody case, you’re generally looking at a minimum of $4,500 to start. When you have property and child support or child custody concerns, you’re generally looking between $5,000 and $7,500 as a retainer for starters.
In most cases, that $5,000 to $7,500 in initial divorce expenses—including legal fees, court filing fees, process server fees, etc.—will only get you through the temporary orders phase of a contested divorce case. Starting costs can also escalate if you call, text or email your family law attorney excessively. Remember, divorce attorneys bill by the hour.
How much does a divorce cost in Texas: Discovery and mediation phases
You made it through the temporary orders phase—what’s next? The discovery phase follows, which is when you work on producing all of the documents and other evidence that is relevant to your case.
A lot of back and forth occurs between client and attorney during discovery, which generally adds up to an additional $2,000-3,000 in attorney fees. If you have a large estate and complex property division, which involves more documentation and evidence, this phase will cost you more.
The next phase is mediation, which is typically a required step in Texas divorces. Mediation generally takes about eight hours. For divorce mediation, you will need to pay the mediator’s fee, which runs from $800 to $1,500 on average. It all depends on the mediator you hire, and some charge even more.
You’ll also have to pay for your divorce attorney’s time during mediation, so tack on eight hours times the attorney’s hourly fee. When it’s all said and done, the mediation phase typically ends up costing $2,000-3,000. If you don’t resolve your issues during mediation, you’ll have to go to trial, which will cost you more.
How much is a divorce in Texas: Impact of property division and retirement accounts
As noted above, Texas divorce costs can escalate when a complex marital estate is involved. For example, if a couple owns rental property or a family business the value of those assets will need to be established. Valuation experts like real estate appraisers need to weigh in from both sides (which is an added expense), and they rarely value assets the same. That means more time and associated costs to figure things out.
You may also incur additional costs to execute and file paperwork to transfer property (real estate, vehicles, etc.). This includes additional legal fees to the law office and filing fees. Couples with certain retirement accounts, also need to file a qualified domestic relations order (QDRO) to transfer funds from a retirement plan to pay child support, spousal support or marital property rights to their spouse (or other dependents).
While you may have to pay your family law attorneys to handle the QDRO for you, we highly recommend doing so. An experienced divorce attorney knows they need to work closely with the plan administrator to get the language right in the divorce decree and QDRO. They also know it’s important to deal with QDROs and other issues pertaining to property division DURING the divorce and not later.
How much is a divorce in Texas: How nasty child support and child custody disputes affect cost
Parents rarely agree 100% on how child custody should be handled, even if they get along well. However, fighting about child custody is one of the things that drive divorce costs higher than they need to be. We’ve seen nasty disputes about child custody and visitation incur legal costs in the tens of thousands of dollars, and it’s usually the children that pay the biggest price.
When it comes to child support in Texas, that’s a different issue. Texas has established strict guidelines regarding how much child support a parent needs to pay. Parents must abide by those guidelines and also pay administrative fees to the state for managing child support accounts. This includes a $35 annual fee for custodial parents who receive $550 or more per year, as well as a $3 monthly fee for parents who utilize the state’s payment processing and record keeping services.
How much does a divorce in Texas cost: Other legal fees to consider
Most of the work involved and hours billed in divorce cases occur behind the scenes. This includes getting your documents together, fleshing out the sworn inventory, preparing settlement negotiations, etc. These tasks don’t just happen overnight, and several people at the law firm may play a role.
You will also need to pay for any specialists or experts hired to help with your case. Think your spouse is a narcissist and want to schedule a psych eval? That’s going to cost you $3,000-4,000 and up. Other specialists may include asset tracers, business valuation experts, therapists, amicus attorneys, financial planners, social study evaluators, and so on. What you will end up paying all depends on the intricacies of your case.
Tips for minimizing divorce expenses
Nobody wants to pay higher legal fees than necessary. How you approach the divorce process plays an important role in the overall cost you end up paying. If you want to save money during divorce, consider the following tips to keep the costs involved in check.
No. 1: Be willing to compromise.
Most divorces involve a lot of give and take. If you accept that fact from the outset, you’ll save yourself time, money and headaches. Your divorce lawyer can help you prioritize the issues and assets that are most important to you, along with those you would be willing to let go.
No. 2: Be efficient when communicating with your legal team.
You can help keep hourly fees and overall legal costs in check by compiling a list of questions and concerns and knocking out several items in a single, weekly call or email to your attorney and paralegal. Sending financial documents and other evidence in an organized fashion can also minimize the hands-on time needed by paralegals and support staff.
No. 3: Utilize alternative dispute resolution methods.
Divorce mediation and collaborative divorce (sometimes called “friendly divorce”) may work well for couples who want to divorce proceedings to be handled fairly, especially those who agree on most issues. However, divorce mediation and collaborative divorce do work very differently. A divorce lawyer can provide legal advice to help you choose the best option.
No. 4: Settle out of court.
Most divorce cases settle in mediation, so don’t press for a trial (and the additional legal costs associated with a trial) if you can avoid it. The financial implications of going to trial can be quite significant.
We can answer your questions about divorce and custody in Texas
If you live in the Dallas / Fort Worth area, the experienced family law attorneys at our Fort Worth law firm are here to help you sort through your divorce and child custody issues. To schedule a confidential case review with an attorney at our firm, please call our office at (817) 336-4444 or visit our contact page to schedule online.
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FAQs about divorce costs in Texas
How much is it to get a divorce lawyer in Texas?
Most divorce lawyers require an initial retainer up front, which generally runs a minimum of $4,500 for a contested child custody case and between $5,000 to $7,000 if you have additional issues like property division to address. You will then need to pay additional retainer fees as the case progresses.
How much does it cost to get a divorce if both parties agree in Texas?
If you hire an attorney, you can expect to pay a minimum of $4,500 for an uncontested divorce in Texas, along with filing fees and court fees that average about $500. If you represent yourself, filing and other fees run about $500 per person.
How much are divorce papers in Texas?
At a minimum, you will need to pay about $500 in filing fees and court fees for an uncontested divorce in Texas. If you hire a divorce lawyer, you can expect to pay a minimum of $4,500 for an uncontested divorce or between $11,000 to $13,000 on average for a contested divorce. Highly contentious divorces can cost thousands more.
What is the average cost of divorce in Texas?
According to research by Martindale-Novo, the average cost of a divorce lawyer in Texas was between $11,000 and $13,000 in 2019. Filing fees vary by county and run about $250 to $400, while additional fees may be required for other services (court fees, process server, child custody evaluator, real estate appraiser, asset tracer, etc.).
How much is a divorce with a child in Texas?
It depends on how many custody issues you and the other parent need to resolve. According to Martindale-Novo, the average cost of a Texas divorce with one contested issue that is resolved without trial averages $6,000 to $7,000. The costs rise when child custody issues need to be settled in court, with average costs of $13,000 to $17,000 to resolve one issue and $18,000 to $23,000 for two or more issues.
How can attorney fees be reduced during a divorce in Texas?
The best way to control attorney fees is to keep interactions with the law firm to a minimum and organize financial paperwork yourself. Law firms bill by the hour, typically tracking in 6-minute increments, and every time they respond to an email or text, take a call or handle any divorce paperwork for you, that goes against your retainer. If you have an urgent request, by all means reach out but if your question can wait, compile a list and share it during a regularly scheduled call or weekly email.
Are there added costs associated with child custody disputes in Texas?
Depending on the case, there may be added costs for a child custody dispute if either party or the court believes a custody evaluation needs to be done. In addition, some judges will appoint an amicus or ad litem attorney on the child’s behalf. An amicus is a neutral attorney who provides legal services pertaining to a child and their welfare. An attorney ad litem is an attorney who is tasked to ensure the child’s voice is heard and rights are protected. Parents are typically responsible for those attorney costs.
Are there fee waivers for court filing fees in Texas?
Individuals who cannot afford the financial burden of court filing fees for divorce can apply to have those fees waived in Texas. Your county clerk can answer questions about fee waivers and provide the appropriate forms.
