Book an appointment using SetMore

Do Both Parties Have to Pay For a Divorce?

Many people are concerned with how much they will be spending to get a divorce but cannot consider just how much work will go into a divorce. Divorces can be costly, but they are also very worth it, and best explained by the saying, "you can have as much justice as you can afford."

There is no "fixed amount" on how much your Divorce will cost you, and you should beware of any lawyer claiming they can do your entire Divorce on a fixed amount. This is because there are so many factors that can be included in a divorce, and there are no two same divorces ever. These costs can include attorneys' fees, expert expenses, filing fees, process server fees, deposition costs, subpoena fees, mediation costs, etc. Even higher prices can be incurred if parties do not reach a settlement and go to trial. However, most cases will settle out before trial.

First, most parties believe their Divorce will be uncontested if there are no children or community property involved or because the opposing party has assured them it will be agreed. However, most cases will become contested at some point, and contested divorces can become very expensive. Spouses will argue over everything from spousal support, children, even family pets. This is because most family law cases are billed by the hour, and they include any other attorney or staff's hours that have done work on your circumstances. Until most people receive that first invoice, they will buckle down and try to settle the differences.

First, it is essential to know that money earned during the marriage is considered the community income of the spouses. Even if one party cannot access their rights to those funds, that party can request the Court order the other party responsible for their attorney fees. Usually, in a divorce, both parties are responsible for paying their legal fees and court costs.

However, there are a few ways these fees and costs can be offset during the divorce proceeding. In Texas, attorney fees are factors a court can consider in making a "just and right" division of the community property. Ordering attorney fees is typically done through a party's request for interim attorney fees. Deciding if a party gets awarded interim attorney fees are agreed at a Temporary Orders Hearing. Some critical factors may be considered when ordering a party to pay the opposing party's attorney fees.

A disparity of income is one of the most common reasons a party might request attorney fees. In this scenario, one party has greater earning power over the other party, making it harder for the lower-earning party to pay for representation in their divorce proceeding. Similarly, there are a lot of parties that become stay-at-homes during the marriage. Whether it is caring for the family home or children, staying home has hindered their earning abilities.

Next, but infrequently, a court will order that one party's attorney fees be paid for directly from the community estate in advance. Typically, any division of community property comes at the end of a divorce, but an exception can be made in this instance. You can also file a motion with the court to sell assets to help pay for any legal fees you have incurred.

Lastly, one-way attorney fees can be awarded during a divorce that comes in the form of sanctions. Sanctions can be imposed as a penalty for bad behavior by the opposing party or his attorney. Family law courts are persistent in requiring parties to cooperate in settling their differences. As a result, bad behavior can rack up more attorney fees for both parties, prolong the divorce proceeding, and waste court time and resources. Some examples of behavior that can lead to sanctions being imposed on you include; filing multiple motions (even about the smallest of matters), not complying with the court's orders, withholding requested information from the other party and their attorney, and failing to appear for scheduled court hearing or mediations.

Understanding the factors that may apply to your situation can give you insight into whether you may not afford your legal and court costs. However, there are a few things a person can do to help keep their attorney fees down.

For starters, it is essential to know to educate yourself about the Texas divorce proceeding itself and how assets and debts can be divided. The more you know about Texas divorce-related issues, the less you will pay to try to have an attorney educate you. There are many different sources you can turn to, like books and the internet, to help educate you. Knowing how the proceeding works will help you efficiently consult with your attorney and negotiate with your spouse. If you are currently not in control of finances, it would be wise to begin getting a jump on obtaining a copy of your credit report, hiring appraisers for personal and real property, and investigating all your spouse's accounts.

Next, it would be wise to refrain from the escalating conflict in the Divorce. Going to court should be your last option because it is expensive. Instead, consider going to mediation or arbitration to spare yourself the time and money of preparing for any court hearings and a trial. You may win a problem, but at a deep cost, which is why most divorce cases will settle out before a test. Therefore, it is wise to narrow the disagreements and control your emotions because people often act on their feelings to make their spouse suffer. All they end up with instead are higher legal fees and court costs.

It is also essential that you take the advice of your attorney seriously. Your attorney is skilled and knowledgeable about what they are licensed in, and their advice should be deeply considered. Often, clients will intend to do something their way, which only ends in more fees. Also, take advantage of your attorney's paralegal or support staff. They charge lower hourly rates than your attorney, and they more than likely can answer case-related questions. It is also good to try to avoid any unnecessary long telephone calls or meetings unless necessary. Often clients will come in with no good reason for doing so; keeping your lawyer fees can quickly be done in this manner. Lastly, stay on top of your game by bringing in any requested documents to your attorney when they are asked for. This can save valuable time and money for you, so keeping up with your "homework" as a client is just as important.

Understanding how to keep legal costs down and knowing some of the factors that may lead you to request interim attorney fees is essential to understanding how to afford a divorce. A divorce is not easy and can be far from affordable, so these few tips may help you achieve the outcome you seek.

Questions about family law cases in Texas? Contact the Law Office of Bryan Fagan

Thank you for joining us today as we discussed a critical topic in Texas family law. If you have any questions about the material that we covered or need clarification on something that you read, please consider contacting the Law Office of Bryan Fagan today. Our licensed family law attorneys offer free-of-charge consultations six days a week here in our office. These consultations are an excellent opportunity to ask questions and receive feedback about your specific circumstances.

Our attorneys and staff take a great deal of pride in being able to help families in our community achieve desirable outcomes in family law cases across southeast Texas. We work tirelessly on behalf of these families and invite you to see what your law practice is all about. Thank you for joining us today, and we hope you will return tomorrow as we continue to share information about family law in Texas.


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: "16 Steps to Help You Plan & Prepare for Your Texas Divorce"

Divorce Wasting Assets[4]If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: "13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them" Today!"

Financial Checklist[3]Get this FREE download about what you need to know before filing for Divorce.

Other Articles you may be interested in:

  1. What is and Why do I need to make Discovery in my Texas Divorce?
  2. You've filed your Divorce... now what? The "Discovery Process" and why it's important
  3. Six things You Need to Know Before You File for Divorce in Texas
  4. I Want a Texas Divorce, but My Husband Doesn't: What can I do?
  5. Am I Married? - Marital Status in Texas
  6. Can I sue my spouse's mistress in Texas?
  7. 6 Tips - On How to prepare for a Texas Divorce
  8. Roadmap of Basic Divorce Procedure in Texas
  9. 6 Mistakes that can Destroy Your Texas Divorce Case
  10. Does it Matter who Files First in a Texas Divorce?

Law Office of Bryan Fagan, PLLC | Spring Divorce Attorneys

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding Divorce, it's essential to speak with one of our Spring, TX Divorce Attorneys right away to protect your rights.

Our divorce attorneys in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

Sign Up Here to Download Our eBook!

Fill out the form below 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.