Texas is unusual in that it gives couples a few options for a simplified divorce process. If you plan to file for divorce without the help of an attorney, you will be responsible for filing the right documents with the right court. Texas has approximately district courts spread throughout the various counties in the state. For the courts in Texas to accept any divorce case, at least one spouse must have resided in the state for at least 6 months before filing for divorce.
In Texas, couples have the option to file a fault divorce using any of the approved reasons listed in the Texas Family Code. No matter if you need to divide your property, decide on custody, or determine the need for spousal support, you will have to hire lawyers and other professionals who will have to inspect your case and even testify in court, which will significantly increase the costs.
Divorce lawyer cost per hour is determined based on several factors:. The cost of filing for divorce in Texas varies from county to county, so it is better to contact your local clerk to find out the exact fee. Also, please note that you will be charged for copies of your paperwork and other miscellaneous services.
If you have a lawyer, you will not need to pay such fees separately, as they will present you with a bill covering them. If you cannot afford to cover divorce fees in Texas, you may file an Affidavit of Inability of Pay. The court will consider your financial situation and decide on whether you will pay or not. The American Bar Association has a directory of options for free legal aid. If you are experiencing abusive or threatening behavior from your partner, you should not wait to take action due to cost concerns.
You should call the police immediately and, in most cases, they can help you with requesting a domestic violence protection order at no cost to you.
A third option that has become popular over the past few years is collaborative divorce. This type of divorce is a hybrid between hiring an attorney and mediation, which is when both spouses work together to find a solution to their issues.
In a collaborative divorce, each party has an attorney familiar with this process. Each party agrees to resolve their issues cooperatively. You have several ways to get a divorce, and the costs vary. Be sure to check with your state law to understand what options are available to you. If you believe you and your spouse can come to agreements on crucial matters, then an uncontested divorce may be the best solution all around. This portion of the site is for informational purposes only.
The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. You have to remember that how much does a divorce cost in Texas can work out being costly. If you are determined to go ahead with your divorce, it is something that just has to be processed and paid for. Understanding the entire divorce process can at least give you a rough idea of what to expect in terms of costs.
Divorces in Texas can take months to complete and each divorce has its own set of unique circumstances, even though there are some things that are common to all of them. Deciding on what particular divorce process to use in Texas litigation, mediation, collaborative divorce, etc. When determining how much does a divorce cost in Texas, it boils down to what options you look at.
Yes, using a lawyer is going to cost more money, but you can at least know that your divorce will be handled in a professional way. It is often easier to sort out the issues in the event of a divorce or separation if you take the help of an outsider who knows which laws and regulations apply.
If your spouse is going to actively participate in the case, such as by contesting the divorce, they can file an Answer. The Answer must be filed by the Monday after the 20th day following the legal service.
However, Texas law requires that 60 days must have passed between the day you filed the petition before the final decree can be issued. Note: There is an exemption to the day waiting period for cases involving domestic violence. As you can see, filing for divorce is complicated, and this is only the beginning of the divorce process. Numerous steps must be taken to figure out and finalize the terms of the divorce. These steps may include:. Because divorce can be such a long and complex process, most people find that using a divorce lawyer is much preferred over trying to navigate the process alone.
An uncontested divorce is one where both spouses are in agreement regarding all the terms of the divorce, such as child custody, division of property, and alimony payments.
Typically, filing an uncontested divorce in Texas is an easier process than a contested divorce. It may involve additional court fees as the fee varies with the county and the route you want to take to resolve it.
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