If you’re thinking about filing for divorce in Texas, there’s probably one big question keeping you up at night: How much does a divorce cost in Texas?
The honest answer is that the cost of divorce in Texas ranges widely, from a few hundred dollars to well into five figures. Fortunately, the price of a divorce isn’t random. It comes down to just a few things: the filing fee, how complex your property and parenting arrangements are, and whether you and your spouse can meet each other’s expectations.
Predictability certainly helps, but it doesn’t erase the stress of the moment. We understand that this is a very challenging time for you. Money may already feel tight, and now you have to protect those finances from a former loved one. And beyond dividing up property, how do you plan for the ongoing cost of making sure your children are provided for? There’s a lot to consider all at once, which is why so many people turn to a family attorney while navigating this process.
How Much Does a Divorce Cost in Texas? – Topics
As a first step, let’s cover the following topics to help you get started:
- How expensive is it to file for divorce in Texas?
- Why do contested divorces drive up costs?
- Do children impact the cost of a divorce in Texas?
- How do Texas property rules affect divorce costs?
- What’s the best way to get a clear picture of your legal situation?
How Expensive is it to File for Divorce in Texas?
Every divorce in Texas begins when one spouse files an Original Petition for Divorce with their district clerk. (Learn how to file for divorce in Texas.) Each district clerk sets its own court costs, so the fee varies by county. In most counties, the cost can be between $250 and $400, though cases involving minor children may cost more. Since these amounts differ between courthouses, it’s typically recommended to consult with a family attorney or contact your local district clerk before filing.
A family attorney can also help you avoid the mistake of filing in the wrong county, which will prevent you from having to pay a filing fee twice. Texas Family Code section 6.301 contains several requirements to help determine your or your spouse’s eligibility to file for divorce in Texas, and as to which specific county you or they should file in.
In addition to filing fees, you should expect smaller costs associated with serving your spouse with divorce papers through a constable or private process server, and various administrative surcharges to open and process your case, which some counties may charge.
Important: What Happens if You Can’t Afford the Divorce Filing Fee?
The cost of filing should never be the reason you stay in an unsafe or unhappy marriage. Under Texas Rule of Civil Procedure 145, you can ask the court to waive the fees by filing a Statement of Inability to Afford Payment of Court Costs. The court can waive your filing fees, service fees, and other court costs charged by the court or its officers if you meet certain requirements.
Why Do Contested Divorces Drive Up Costs?
The single biggest factor in what your divorce costs is whether it is uncontested or contested. An uncontested divorce is one where you and your spouse agree on the major issues, such as how to divide property and debt, custody (known as conservatorship in Texas) and parenting time, and support. When you agree on everything, you can often complete your divorce using court-approved forms or limited attorney help. An uncontested divorce is ideal both financially and emotionally, and a family attorney can help quickly settle smaller issues to avoid any delays.
A contested divorce is the opposite situation. When you and your spouse disagree over property, conservatorship, or support, the case demands more attorney time, and possibly mediation, expert witnesses, and court hearings. A contested divorce can also call for additional professional help, such as a custody evaluator, who also charges a fee. Consulting with a family attorney before filing is a great way to understand how expensive your case may turn out.
How Do Children Impact the Cost of a Divorce in Texas?
Cases involving children tend to cost more to resolve. Decisions about conservatorship, visitation, and parenting time are emotional, and disagreements over them are very common. It can take a lot of negotiation to resolve these disagreements, which will extend timelines and lead to additional attorney costs.
Child support, however, is an ongoing obligation set by statute rather than a one-time fee. The Texas Family Code section 154.125 offers guidelines on support, including percentages of the paying parent’s monthly net resources. A judge can order more than the guideline amount when a child has proven needs, and the order must also address medical and dental support. If you share children, plan for a more involved divorce and support obligations that continue for years.
How Do Texas Property Rules Affect Divorce Costs?
Texas is a community property state, and the court is required to divide marital property in a manner that is “just and right” under the Texas Family Code section 7.001. That standard does not always mean a simple 50-50 split, which is exactly why disagreements over what is fair can extend a case and raise its cost. In some situations, a court may also order one spouse to pay part of the other’s reasonable attorney’s fees and costs under Texas Family Code section 6.708.
What’s the Best Way to Get a Clear Picture of your Legal Situation?
How much does a divorce cost in Texas? No online estimate can tell you exactly what your divorce will cost, because so much depends on your unique situation and how much you and your spouse can agree on. What you can do is go in informed: know the filing fee in your county, understand whether a fee waiver applies to you, and recognize that cooperation is the most reliable way to keep costs down.
If you want help understanding the likely cost and the smartest path for your circumstances, the team at Ballard & Fleetwood, PLLC, can talk through your options with you.
References
- Texas Family Code section 6.301, General Residency Rule for Divorce Suit. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- Texas Rule of Civil Procedure 145, Payment of Costs Not Required. South Texas College of Law. https://www.stcl.edu/lib/TexasRulesProject/TRCP125-149/rule1452016.html
- Texas Family Code section 154.125, Application of Guidelines to Net Resources. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
- Texas Family Code section 7.001, General Rule of Property Division. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm
- Texas Family Code section 6.708, Costs. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- Court Fees and Fee Waivers. TexasLawHelp.org, Texas Legal Services Center. https://texaslawhelp.org/article/court-fees-and-fee-waivers
Disclaimer: This page on How Much Does a Divorce Cost in Texas and all of its contents, including any sources cited, are for informational purposes only and not for the purpose of providing legal advice. Use of and access to this article or any of the links contained within the article do not create an attorney-client relationship between the author and the user or browser. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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