Divorce is quite an expensive affair for a couple. It is a painful and complicated issue that results in a serious personal and financial toll on the couple. It has been noticed that when the legal formalities start setting in, the emotional part slowly fades away with the increasing cost that the parties have to incur. In Texas, the total amount of money required to complete the process of ending one’s marriage is not an exceptional case. The attorney’s, court and other processing fees are the major elements of cost involved. Both the spouses generally bear their respective legal and court expences.
In Texas, the process of parting ways start with filing the petition, while it ends when the final hearing takes place and the final decree is signed by the judge. The entire process involves a series of expenses in varied ways.
The average expense incurred at the time of ending the relationship in Texas varies, based on several factors as follows:
- Types of Divorce – The expenses involved in ending a marriage are highly dependent on the type of divorce they have opted for like:
- Uncontested and mediation or do-it-yourself/pro se – Here, the amount incurred is minimal compared to a contested or a litigated process. The fees may be charged for relevant paperwork. If there are no mediators or attorneys involved, then the expenses are relatively low with an approximation of less than $1000. This varies based on divorce with and without children.
Type of Uncontested Divorce Fees Details Real Estate USD 850 Children USD 850 Children and Real Estate USD 950 Children, Retirement and Real Estate USD 1050 No Children, No Retirement and No Real Estate USD 500 - Contested – When the couple fails to reach an agreement, a mediator is called in to solve the problem. The average amount charged by a mediator varies from $600 to $800 per session. A litigated case is always the most expensive option. This cost based on partition with and without children.
- Uncontested and mediation or do-it-yourself/pro se – Here, the amount incurred is minimal compared to a contested or a litigated process. The fees may be charged for relevant paperwork. If there are no mediators or attorneys involved, then the expenses are relatively low with an approximation of less than $1000. This varies based on divorce with and without children.
- Filing Fee – This is required when the petitioner files for an end in their relationship at the district clerk’s office. The filing charges are generally for the forms required and is non-refundable. An uncontested filing amount ranges between $250 and $300.
- Attorney or Lawyer Fee – The attorney’s service payment depends on his/her experience and expertise in the particular field. They may charge on per hour basis or a lump sum amount as retainer. It may be as low as $75 per hour to highest as $1000 per hour or above. An attorney may charge $30000-$40000 in total for a contested divorce in Texas. However, in an uncontested type, the charges are much lower.
- Custody of Children – During custody issues, expenses are incurred when involvement of any special witness or a psychiatric evaluator is required. The attorney charges an higher amount when consultations regarding child issues are being provided.
- Assets and Liabilities – While dealing with property, debt and financial issues, if the guidance and consultation of an expert in the field is required, the fees for the same are charged additionally.
- Processing Fee – After the case is filed in the court, the copies of petition are mailed to the other spouse. Also, there are some other legal formalities to be completed before the trial of the case. All these require processing expenses to be paid. The amount may range between $30 and $ 100.
- Miscellaneous – During the case, there may be miscellaneous expenses incurred such as cost of several forms, photocopies, notary, parking, phone calls and postage charges. Although these expenses are part and parcel of the process, but one should be aware of these unavoidable expenses.
Fee Waiver
There are many parties who cannot meet the expenses while ending their marriage due to their financial instability. In such a case, this system is useful to them. They can avail such a benefit by filling out a form of fee waiver and proving that their income is below $15,000.
Tips to Reduce the Expenses Incurred
- Maintain a cordial and respectable relation with the spouse to avoid complexities and disputes.
- Try to go for the least expensive divorce option like uncontested /do it yourself /pro se or mediation, in order to complete the process with mutual agreement.
- If the end of the relationship is planned to be settled by hiring an attorney, talk to a number of attorneys to get an idea of the fees (as different attorneys charge differently) they charge, and then finalize.
- Provide full and relevant information to your attorney, so that they can interpret the case properly. This will help in finalizing the case quickly, giving a room to a lesser financial burden.
The cost of divorce in Texas varies from case to case. A wise plan with or without the help of an attorney can help to complete the legal formalities. Therefore, deciding to end a marriage amicably will reduce the overall expenses to a great extent.