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These concerns cause second-guessing. Can you proceed with the divorce with court fees? Do you have the resources? This blog post addresses these questions, providing guidance for those considering divorce but concerned about costs. If you’re contemplating divorce and worried about expenses, today’s post is for you.
Imagine a marriage of over ten years. It’s stable—you work, raise kids, and manage daily life. However, frustration arises from your lack of control over finances. This stems from not having worked in years, while your husband, a successful money manager, handles the finances.
Before kids, you worked in a field related to your degree but didn’t earn much. Choosing marriage over completing your degree, your husband graduated in business management and secured a lucrative job in Houston. He now serves wealthy clients, contributing to your financial success.
Your life appears perfect—nice cars, a stately home, private schools, and vacations. Yet, you and your husband have grown apart. There’s no violence or infidelity, but the emotional connection is missing.
You’ve considered divorce for months. Your teenage children would primarily live with you, and your husband would have standard visitation. Despite seeming ready, you’re hesitant due to potential costs. Filing fees, hiring a process server, and other expenses worry you. Where will you find the money? Who can help?
Divorce is stressful and expensive, and the costs involved might prevent you from filing, even if financial issues are pushing you toward it. Today’s blog post from the Law Office of Bryan Fagan addresses this contradiction.
Start to budget before the divorce begins
Let’s explore the initial costs of a divorce. Addressing these upfront expenses can boost your confidence to proceed with your case. Ideally, preventing the need for a divorce is best, possibly through therapy or open communication with your spouse. As the saying goes, “an ounce of prevention is worth a pound of cure.”
However, if reconciliation efforts have failed, focusing on divorce makes sense. Many households lack proper financial planning and budgeting, leading to uncertainties. Effective budgeting is crucial. It helps you prepare for future expenses, including those in a divorce, by providing a clear picture of your monthly spending.
A budget isn’t restrictive; it allows controlled spending. Without a budget, you may lose track of your money and overspend. In a divorce, where costs can escalate, this lack of control is problematic.
Before your finances become overwhelming, create a budget before initiating your divorce. If you’re the spouse planning to file, budgeting gives you an advantage. Determine your monthly living expenses based on being single. Starting this early will benefit you once the case begins.
While few aspects of divorce are cost-free, budgeting is one of them. It costs nothing to create and follow a budget, offering a significant positive impact on your financial outlook. Living intentionally with your money helps stabilize other aspects of your life.
The initial costs of a divorce
Let’s delve into the costs you’ll encounter in a divorce. It’s crucial not to avoid these expenses but to understand and plan for them. In some cases, you might avoid filing fees if you can prove financial hardship. If you’re on food stamps, in subsidized housing, and unable to work, you can submit an affidavit to the court stating your inability to pay. A judge will review your request, and if approved, you may proceed without incurring filing fees.
However, for most people, this isn’t an option. Only those with no assets, no job, and relying on government benefits typically qualify for fee waivers. For everyone else, it’s essential to budget for the costs of a divorce.
To start, there are filing fees to get your case into court. Check your county’s website for specific fees or contact the county or district clerk’s office directly. Generally, you should budget around $500 for filing the divorce, making copies, and serving notice to your spouse. This amount can vary slightly across Texas but usually stays within a few hundred dollars of this estimate.
If gathering this money is challenging, consider obtaining a second job or even a first job. While additional costs throughout the divorce process may not be significantly higher than a few hundred dollars, these initial expenses can be a hurdle.
Creating a budget is vital. It helps you manage these costs effectively and prevents financial strain. Living intentionally with your money, especially during a divorce, ensures you stay in control of your finances and avoid unnecessary stress. If you’re considering divorce but concerned about costs, understanding these expenses and planning for them can make the process more manageable.
Costs of a divorce during the case itself
Once you’ve paid the initial court costs and filing fees for your divorce, you might not need to spend more immediately. However, expenses can arise quickly depending on your situation. For instance, if you’re the primary caretaker, you should budget for child support. Conversely, if you’re the paying parent, include child support in your budget.
The amount of child support depends on the number of children and your income. Child support is unavoidable for minor children, with standard calculations found in the Texas Family Code. For an average income and one child, expect to pay at least $1,000 per month.
Another significant cost is mediation. Mediation involves you and your spouse meeting with a neutral mediator to reach a settlement. This can be for temporary or final orders. A half-day mediation costs around $500, while a full day can be $1,000 or more.
Mediation can help avoid the two most expensive aspects of a divorce: temporary order hearings and trials. The high costs come from your attorney’s time, as family law attorneys bill by the hour. The more work required, the higher your bill will be.
Understanding and planning for these expenses can make the divorce process more manageable. If you’re considering divorce, create a budget that includes these costs to stay in control of your finances and reduce stress.
Other financial aspects of a divorce
If you haven’t worked for many years, temporary spousal support may be part of your divorce case. This support helps you stay financially afloat during the divorce process. Eventually, you may need to find work to support yourself post-divorce.
During the temporary orders phase, you and your spouse will decide how to handle household bills. Depending on income levels, your spouse might need to cover most bills, even if you stay in the home. However, your ability to stay in the home after divorce depends on affording the mortgage and other expenses. Avoid overcommitting to a house you can’t afford.
Divorce costs vary widely, depending on several factors. No two divorces are identical, and neither are their costs. The key factor is how well you and your spouse can negotiate. A more amicable and civil divorce tends to be less expensive. Managing your emotions can help reduce costs.
Overall, your divorce will incur some costs. Even minimal court costs mean you’ll spend money. Having a budget and being intentional about spending is crucial. Save as much cash as possible for the case. Consider using a credit card or a finance company specializing in legal matters. Whatever you choose, be as intentional and prepared as possible.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family circumstances may be impacted by the filing of a divorce or child custody case.
