How Much Does It Cost to File for Divorce in Texas?

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The divorce cost in Texas depends on a number of factors like whether uncontested or contested, and whether with child or without. The average cost is $15,600.

The basic costs include the court fees. If you get legal advice from an experienced family law attorney, you need to pay their legal fees.

How is Property Divided in a Divorce in Texas?

How much does a simple divorce cost in Texas?

In a simple divorce, the main costs would be the court costs, which is mainly the court filing fee. Other fees include service fee and any fee paid to mediators or lawyers.

This is assuming all issues like spousal support, child support, and property division are resolved through a settlement agreement.

The simple divorce cost would be $250 to $300, which is the filing fee. All other fees depend on whether you use a lawyer’s service or not.

What is the cost of divorce in Texas with child?

When the divorcing couple have minor children, then two issues need to be resolved. One is child custody and the other is child support payments.

If these issues are settled by the couple, then there would be no need for a lengthy and expensive court case.

If it cannot be settled mutually, then the court will decide on these issues. You will need to pay the lawyers their fees.

The average cost of divorce with child is $23,500. This makes Texas the fifth most expensive state for divorces.

What is divorce cost with kids?
Why does a divorce involving children cost more?

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How much is a cheap divorce in Texas?

A cheap Texas divorce would cost anywhere from $300 to $5,000. If all issues can be settled by the divorcing couple only the filing fee needs to be paid.

The cheapest way to divorce in Texas is by coming to a full agreement with your spouse on all issues. You can then save a lot of costs on lawyer fees.

You can even request for fee waiver, if you are not able to afford the filing fee. If you are eligible, the judge will waive the fee.

What is wife entitled to in a divorce in Texas?

The state of Texas is a community property state where the marital property and debts get divided equally. So, theoretically a wife is entitled to half of all the marital assets (acquired after marriage).

Even the husband’s retirement plans, retirement accounts for pension, bank accounts, and the family home would need to be divided equally as per law.

In practice, courts do not award 50% of everything to wives. The judge would consider various factors before coming to a decision.

  • Whether either of the party is at fault.
  • The length of the marriage.
  • The health condition of the spouses.
  • The education and ability to earn of both the spouses.
  • Whether any of the marital assets was misappropriated.
  • Liabilities of the spouses.
  • How much individual property is owned (apart from marital assets)?

The judge would try to work out a fair division, so none of the parties are disadvantaged.

Is it possible to have online divorce Texas?

It is possible to file a divorce case online in Texas. The divorcing parties need not visit the court and can file the papers online.

The requirements to file an online divorce are:

  • At least one spouse must have lived in Texas for 6 months before the divorce.
  • The spouse must be resident of the county where the divorce is being filed (for at least 90 days).
  • An online divorce is possible only if it is uncontested.

The assistance of an online divorce service provider can be taken if required.

The forms can be filed online with papers served to the spouse. On completion of the 60-day waiting period, the divorce can be completed.

There are online services to help with the divorce process
Is it possible to have an online divorce?

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How much is uncontested divorce cost?

The cost of your divorce if it is uncontested will be less. You and your spouse can agree on all pending issues like alimony and division of property.

In case of children, you need to decide on child custody and child support. Once you draw up an agreement, you can file the divorce petition.

It would cost anywhere from $300 to $3000. If everything goes fine, you need to pay only the court fees.

If there are issues to be solved, you may require mediation or take the services of an experienced Texas divorce lawyer. In such a case, the charges may go up.

How to file for divorce in the US?

The divorce process in the US can be either contested or uncontested. An uncontested divorce is where both parties agree to the divorce and resolve all issues themselves.

If they cannot draw up a settlement agreement, then a contested divorce becomes inevitable. The case needs to go before a court where the judge has to grant the divorce.

  • The divorce petition needs to be filed in a county court or any other appropriate court. The help of a lawyer can be taken to ensure all the forms are completed and filed.
  • If you have to file a fault divorce, you need to specify the reason for the divorce.
  • You can get the divorce papers served to your spouse by a process server. The proof of service can be filed before the court.
  • You can ask the judge for temporary orders until the petition is decided.
  • If your spouse contests the petition, then the judge would fix a date for the trail. Lawyers of both parties would present their case to the judge.
  • The judge would decide the case as per state law and pass the final decree of divorce. The court order would formally dissolve the marriage and state the terms of the divorce.
  • If there has been no settlement, the judge would decide issues like child custody, visitation rights, child support, property division, and alimony.

How much is a divorce in California state?

The average cost of divorce in California would be around $17,500. These are average costs and can vary.

The major component of the cost is the attorney’s fees that can be up to 75% of the total costs.

Depending on whether you have a child and whether the divorce is contested, the actual cost can go up to $38,000.

You must know California is a costly state for divorces with the costs being 37% higher than the national average.

FAQs relating to how much does it cost to file for divorce in Texas

If you want more information on the costs of divorce in Texas, you can go through the FAQs given below.

How much does it cost to get a divorce if both parties agree in Texas?

A collaborative divorce is where both parties agree to the divorce. They need to draw up a settlement agreement where the details of the settlement are listed out.

It is important that the settlement agreement be properly drafted to prevent problems later. The agreement needs to talk about child custody, visitation rights, property division, child support, and alimony.

Once the agreement is drawn up, the divorce can proceed smoothly. The costs of such a divorce would be lesser when compared to a contested divorce.

When both parties agree to the divorce, it is a simple divorce. The costs can be as low as $300. It can go up to $3,000 depending on whether you take a lawyer’s help for drawing up the agreement.

Divorce costs in United States
Divorce costs will vary from state to state, depending on complexity

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How much does it cost to start a divorce in Texas?

You can start a divorce by yourself by filing a divorce petition in court. The only fee to be paid is the filing fee of $300.

If you have problems paying the fee, you can even request for a waiver of fee.

You can complete the forms yourself and file the petition. You then need to serve papers to your spouse.

If you are not comfortable to do all this yourself, you can take the help of a lawyer.

If you hire one of the best family law attorneys, you need to pay their fees. The average cost of a divorce in Texas would be $15,600 (without child) and $23,500 (with children).

How long does it take to get a divorce in Texas if both parties agree?

If the divorce is uncontested, it won’t take much time for the divorce to be completed. Once the petition is filed, then the papers need to be served to the other party.

As per state law, a mandatory waiting period of 60 days is needed. After this, the court would grant the divorce.

How long does it take to file for divorce in Texas?

You can take a divorce within 61 days in Texas. This is assuming you file the petition and finish the serving of papers in 1 day.

This is followed by the compulsory waiting period of 60 days. This is the bare minimum period needed.

However, the reality is a divorce may take anywhere from 6 months to a year to be complete. You must know judges may not be free to take up your case immediately, and you need to wait till a date is fixed.

 

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