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Top facts you should know about the Divorce process & Cost in Texas

| Mar 4, 2021 | Firm News

Are you contemplating your divorce or already started your divorce process? The first thing that might come into your mind is: what does a divorce cost in Texas? And how long will it take? Well, to get full knowledge of this, it is better to talk to an experienced divorce attorney in Texas.

Ending your marriage can be an emotionally draining process. It will include wading the legalities of splitting the relationship, kids, home, and assets.

Every divorce is different and has its unique aspects. So, as the amount of money involved will vary depending on the circumstances. That doesn’t mean that the least complicated divorce will cost less.

According to a Survey done by Martindale Nolo Research in the year 2015:

The average cost of divorce in Texas in 2015 was $15,600. Usually, this includes fees of the attorney who will represent you in the claim.

In this blog, we will discuss the divorce process and divorce cost in Texas. You will even get answers to some of your questions related to Texas divorce costs.

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How much does a Divorce cost in Texas?

Every person will have this question in their mind, who has filed for divorce! Of course, it is a reasonable concern to have and will also financially and emotionally drown the individuals. As mentioned above, in 2015, the average divorce cost in Texas was $15,600.

Total Divorce Costs: Average Versus Median
Total Divorce Costs: Average Versus Median

(Source:Nolo.com)

In the same year, the average cost of divorce with children in Texas was $23,500. The price depends on several factors.

Well, time changes and costs increase. It depends on the case’s difficulty, and if you have never gone through the divorce before, it will be challenging. There are many pieces involved in a divorce process like divorce lawyer fees, court costs, divorce document fees, mediation fees, and so on.

Average Total Divorce Costs With Contested Issues
Average Total Divorce Costs With Contested Issues

(Source:Nolo.com)

The situations where the spouses have combined: retirement plans, family-owned businesses, or have substantial marital assets, have a much-complicated divorce. More work will be involved in this, increasing the divorce cost.

While in some instances, where you or your spouse financially dependent on each other! In this type of situation, alimony or child custody is involved, then it can be time-consuming. Suppose the settlement of the claim is off the table. Then you have to go to court for trial, which can skyrocket the divorce cost due to increased time.

It becomes critical to have an experienced attorney who knows all about the Texas divorce process. The lawyer will gather all the information, check your assets, and make sure you will get your rights in a shorter time.

How long does a divorce take in Texas?

First of all, to finalize a Texas divorce, it takes 60 days after a petition is filed. A divorce will be final as soon as the judge pronounces it in open court and signs the divorce decree.

Suppose the spouses don’t agree to come to a settlement. Then it moves to a courtroom trial, which may take from six months to one year or sometimes even more. The process and divorce cost of Texas depends on the complexity and degree of conflict involved.

Here, the court will start by presuming that all the assets and properties owned by either of the spouses are community property. That means: owned equally by both the spouse. Suppose any of the spouses have separate property. In that case, they have to prove it by tracing it under “Clear and Convincing Evidence.”

Separate property usually includes property that belongs to only one spouse as a gift or inherited it. Like, you inherited some property or money from your mother or grandparents that are there on your name.

The court will consider everything and divide the community property into both the people in the right manner. In simple words, it’s a 50-50 split.

However, in some rare cases like unequal earning or fault in a relationship, it might affect property division. To know all about Texas divorce costs, you will need a lawyer who is an expert and can help you understand better.

Who pays for a divorce?

A common question that pops up while going for your divorce is: who will pay for it! It becomes even more critical if one of the spouses is unwilling to go for a divorce, as it may be a complete shock to them.

Texas is a community property state, which means any debt or assets rightfully included in the marriage is a Texas Community property. There is no legal separation, which means you are married until the final divorce decree is signed.

Family Law Court of Texas, doesn’t ask the party who filed the divorce to pay the spouse’s attorney fee.

However, divorce cost in Texas considers certain things such as:

  1. Community Assets and Debts

    Family Law Court of Texas will take all the community assets and the party’s debts into consideration. It will check the financial needs and capabilities of both the parties before awarding the attorney fees. Most of the time Texas Courts require each party to pay their own attorney’s fees.

    In situations where one spouse is working and earns money, the other used to stay at home and take care of other household chores, the court can favor the one who is not making money and ask the financially stable individual to pay a specific portion of his/ her spouse’s attorney fee.

  2. Requesting Temporary Fees

    During a divorce process, a party can request the other party for a temporary fee if they cannot pay for the legal representation. The judge will review the divorce lawyer fee if a motion for the Interim Attorney Fee is filed. It will include spendings through a card, borrowed from family, and cash, if taken. The judge will decide whether one party should pay for the other one.

  3. Other Consideration

    Apart from the financial need, the court can order an attorney’s fees to be paid if one party acts out of bad faith. Suppose a party rejects a court required mediation or doesn’t comply with the discovery process. In these types of situations, the judge may consider it intentional and order the attorney fees. It can happen in a hearing or can call in his/ her motion.

How long do you have to be separated before you can file for a divorce in Texas?

You can file a divorce under both fault and no-fault grounds. For a no-fault divorce, the couple only has to prove that the marriage is no longer working. It will not include either of the spouse blaming each other. Typically, the no-fault divorce is:

  • Insupportability: The situation where the marriage has become insupportable because of personality conflicts. These serious conflicts can end a wedding, and there is no expectation of reconciliation.

However, the fault grounds include incidents such as adultery, cruelty, abandonment, and insanity.

How much do divorce papers cost in Texas?

Suppose you are thinking of filing a divorce! Then the divorce cost in Texas will begin from paying a “Filing Fee.” Additionally, if you want your spouse to serve, you must pay an “Issuance Fee and a Service Fee.”

Usually, it costs approximately $300 to file a petition with the court. It may involve additional court fees as the fee varies with the county and the route you want to take to resolve it.

It is better to contact the district clerk’s office of the county where you want to file the divorce and ask about the fee. You can always talk with a divorce Attorney of Texas regarding the process and its cost.

Suppose you are not financially stable and can’t afford the fee. In that case, you can ask the judge to waive the fee by filing a Statement of Inability to Afford Payment claim.

Conclusion

Many reasons can make a divorce process difficult and increase the divorce cost in Texas. Divorce is a complicated process; it includes many legal aspects that will require expert advice.

Sometimes, your spouse may intentionally use some delaying tactics so as to reduce the settlement cost. If you have minor kids, then the process will be even more daunting than you have ever thought.

If you are going for a divorce, it is better to hire a divorce attorney who knows about Texas’s divorce costs and a good fit for you.

Experienced divorce Attorneys of Goldsberry Law firm are here to help you get your rights.

All you have to do is call us right away and talk about your issue!

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