Divorce can be unpredictable emotionally, logistically, and financially. Many people in Tyler and the greater East Texas area begin the process unsure what to expect when it comes to legal fees, court costs, or even who’s responsible for paying them.
Below, we’ll walk through the most common questions about costs of divorce in Texas, including what you can expect to pay, when one spouse may be ordered to cover the other’s attorney’s fees, and whether it’s possible to get divorced without ever stepping foot in a courtroom.
How much does it cost for a divorce lawyer in Texas?
Attorney’s fees in divorce cases range considerably from around a couple of thousand dollars (or occasionally less) to tens of thousands of dollars and (occasionally) well over that.
Most family law attorneys charge an advance fee which they believe will cover some or all of the attorney’s fees in the case, and then they bill out of the advance fee at set increments (monthly for instance). Clients are expected to pay additional advance fees once/if the fee is exhausted or to simply pay what is owed on invoices. What is left, if any, of the advance fee at the end of the case is refunded to the payor.
The billable rate for attorneys is often around $300–$500 per hour (although this varies greatly by location and experience), and legal assistants/paralegals/staff charge an hourly fee that is typically much lower. Attorneys and staff often bill by the tenth of the hour (so 6-minute increments).
Expenses like filing fees, subpoena fees, mediation fees, deposition fees, and the like are often billed against the advance fee or paid directly by the client or reimbursed by the client; either way, clients typically must pay expenses in family law cases.
The number of billable hours depends on many known and unpredictable factors. Some known factors for higher attorney’s fees include divorces involving children, a great deal of community property to divide, fraud or assault allegations, and difficulty locating or valuing assets. Unpredictable factors include the reasonableness of each spouse, the amount of discovery, temporary orders hearings, and cancelled or reset hearings that require extra preparation.
Who pays for the divorce in Texas?
As a general rule, parties pay their own attorney’s fees. However, this isn’t always the full story.
First, Texas is a community property state, which means that when attorneys get paid from the community estate, it affects both spouses equally. For example, if a Wife pays $7,500 for her attorney from community funds (money earned during the marriage), the community estate is really paying $7,500, and this depletes what both spouses will later divide.
If a Husband pays for his attorney with a credit card, that debt reduces the net community funds—again, to both parties’ detriment. If a spouse pays using non-community funds, like inheritance money or help from a relative, that’s different—it doesn’t impact the community estate.
Second, in some cases, a spouse may be ordered to pay part or all of the other spouse’s attorney’s fees. If one spouse can show they cannot afford representation and the other has the financial ability to help, the judge can order attorney’s fees. The goal is fairness—one spouse shouldn’t be able to outspend and outmaneuver the other simply because they have deeper pockets.
Can my spouse make me pay their divorce attorney fees in Texas?
If a spouse can show they cannot afford an attorney or their attorney’s fees and the other spouse could afford to help with fees, the judge could order attorney’s fees. The law is more complex than this, but the basic principle is clear: a spouse shouldn’t be able to outspend and outlitigate their spouse when there is money enough to pay both attorneys.
When a divorce is finalized, the judge could also order that one spouse bear some attorney’s fees if it’s deemed just and equitable.
Can I get a divorce in Texas without going to court?
Yes, typically, but only if both parties agree to avoid going to court. Contested hearings like temporary orders or final trials require in-person attendance, but when a case settles, it can often be finalized without a court appearance.
In many divorces, once both sides agree, the parties can submit the divorce decree and required documents for approval through an administrative process. The judge signs off, and the spouses never step foot in a courtroom. This approach helps many clients avoid the stress or embarrassment of appearing in public court.
That said, some clients prefer the sense of closure that comes from appearing before a judge. In those cases, a brief “prove-up” hearing is held, where the attorney asks a few standard questions to confirm the facts of the divorce before the judge finalizes it.
Conclusion
The cost of a divorce in Texas depends heavily on your circumstances: children, property, and how well the spouses cooperate all factor in. Most people pay their own legal fees, but the court can order one spouse to cover some or all of the other’s costs when it’s fair to do so. And for couples who can reach an agreement, it’s entirely possible to complete the process without ever going to court.
If you’re in Tyler or anywhere in East Texas and considering divorce, the family law attorneys at TLC Law, PLLC can help you understand your options, protect your financial interests, and move forward with confidence.
Schedule a confidential consultation or visit our Tyler office to discuss your next steps with a compassionate, experienced divorce attorney.