If you live in Texas and are seeking a divorce, you may be wondering, “just how much does a divorce cost?” While the divorce filing fee in Texas is right around $300, it’s quite difficult to say how much a divorce will actually cost.
This is because every case is different. Whether a divorce is contested or not certainly plays a significant role in what a divorce will cost.
In this article, we’ll discuss this as well as other factors that could influence the divorce cost in Texas.
What we can say for certain is that an uncontested divorce is almost always going to cost less. This is because both parties in the divorce generally agree on the terms and don’t wish to go to court. When divorcing spouses cannot come to agreement on the terms of divorce, it then becomes contested. In this case, the divorce cost tends to be higher.
If cost is important to you, it’s best to try and resolve your differences with your former spouse to be and come to a mutual agreement on terms. This can help reduce costs for attorneys, mediators and court fees.
How do you get an uncontested divorce in Texas?
As mentioned, if you and your divorcing spouse are able to, this is the way to go in effort to reduce the cost of divorce. To get an uncontested divorce, you must be able to answer yes to each of the following questions:
- Have you or your spouse resided in Texas for at least 6 months?
- Have you or your spouse lived in the county where you are filing for divorce for at least 3 months?
- Do you and your spouse agree on all issues in your divorce?
Usually the answer to the first two is an easy, “yes.” However, it’s the last question that will determine whether your divorce can be uncontested or not.
If you find that the answer is, “no,” “maybe,” or “not sure,” then you may have a contested divorce on your hands. Additionally, if children are involved, then agreements on custody and child support would need to be made as well.
Rule of thumb: If you can come to mutual agreements on all major issues with the other parent, you’ll likely save on cost. Doing so will reduce the need for litigation, which can increase costs because more time is then needed to resolve your case.
What other factors influence the cost of a divorce in Texas?
In addition to the time required by an attorney to litigate your case, other factors might also influence a divorce cost. This includes items such as:
- if depositions are required;
- requests for discovery;
- subpoenas;
- if your case goes to trial.
The last one is a major influence on cost. If your case goes to trial, you can expect your divorce to be quite costly given all the time it will require.
In addition to these factors, investments, owned properties or businesses can also influence cost. The reason is that when many assets are involved, the process can become more complicated. And certainly requires more time. This is known as complex and high-asset property division.
The same concept on agreement applies here. If divorcing couples agree on the division of assets, then costs will be less. If they don’t agree, then meditation and additional time for litigation will drive costs up.
What is the average cost of divorce in Texas?
According to a survey conducted by Lawyers.com, the average cost for a divorce in Texas is $15,600. In addition, the survey noted that the average duration of a divorce in Texas is 12.5 months.
However, this is certainly not a one size fits all scenario. Every case is different and can require more or less time than another. Moreover, the hourly rate of a law firm or attorney in your city is also going to influence cost in a divorce. For instance, an attorney in Bexar County may charge a different hourly rate than an attorney in a different city than San Antonio.
If you are considering a divorce, it’s a good idea to speak with a few attorneys to get an idea of what each might charge in your case. You may find that they are similar, or you may find that one offers a much lower or higher price than another.
Either way, it’s helpful to have options.
What additional expenses contribute to the cost of divorce in Texas?
Another driving factor in the cost of a divorce resides in the expenses involved. Common expenses involved in a divorce include:
- court filing fees;
- compensating of expert witnesses;
- document preparation and serving;
- use of child custody evaluation professionals;
- mediation
It’s important to note that the longer a divorce lasts, its likely it will incur more expenses necessary to keep the case moving along. So to reduce the overall costs, it’s best to not allow a case to drag out for a long period of time.
Consult with a divorce attorney
If faced with divorce, we understand the stress and concern that you may be experiencing. The last thing you need to worry about is how much your case is going to cost.
At our family law firm in San Antonio, we put you first. Which is why we are dedicated to helping you through your divorce and moving forward in your life above all else.
If you are need of legal assistance from an experienced divorce attorney, we encourage you to contact us.