If you’re contemplating a divorce in Texas, or you’ve already started the process, you probably have a lot of questions. How is marital property divided? Will you have to pay alimony? Who will get custody of the kids?
You probably also have practical questions about the divorce process itself—including just how much a divorce will cost you and how it will take.
The Cost of Divorce Lawyers in Texas
In 2015, and again in 2019, we surveyed our readers in Texas who had recently been through a divorce. We also reviewed information reported by Texas divorce lawyers about their fees and billing practices.
Nearly three-fourths (73%) of Texas readers hired a lawyer to help in some way with their divorce cases. And about eight in ten (81%) of those readers had the attorney handle their entire case, from the beginning to the end (what’s known as “full-scope” representation).
If you choose to hire a divorce lawyer, your biggest expense will be the lawyer’s bill. And because almost all divorce attorneys charge by the hour, two components go into the total bill: the lawyer’s hourly rate and the number of hours needed to handle your case.
Hourly Rates for Texas Divorce Lawyers
The lawyers in our 2019 study reported the minimum and maximum hourly rates they charge. Across the state, the average minimum was $260 per hour, while the average maximum was $320 an hour. These averages are likely to be higher now. According to Clio, a legal technology company, the average hourly rate in 2023 for family law attorneys in Texas was $346.
Many factors influence how much an individual attorney will charge per hour, especially:
- Location and firm size. Attorneys with offices in cities like Houston and San Antonio tend to charge more than those in small towns and rural areas. And lawyers who work at large, prestigious firms typically charge more than lawyers at smaller firms and solo practitioners.
- Expertise in family law. An attorney’s level of experience can also affect rates. Lawyers typically charge more per hour as they gain more specialized experience. However, that doesn’t necessarily translate into significantly higher total bills, because they can often resolve problems in divorce cases in less time than their less-experienced counterparts.
- The cost of paralegals and support staff. Lawyers often rely on paralegals and other support staff for help with legal research and document preparation, which can potentially save you money. Support staff can bill for substantive work, but at much lower rates than lawyers. As reported by Clio, the average hourly rate for nonlawyers working on cases in Texas in 2023 was $146.
Total Typical Cost of a Divorce Lawyer in Texas
The second critical part of your total bill will be a result of the number of hours your attorney has to spend on your case. The combined data in our reader survey and attorney-fee study showed that the total cost of a full-scope divorce attorney in Texas in 2019 ranged from $11,000 to $13,000.
Depending on the particular circumstances in your divorce, you could end up paying significantly more or less than those overall averages (more on that below). Your total cost is also likely to be lower if you hire a consulting attorney to help with only certain parts of your case, like preparing or reviewing a divorce settlement agreement or representing you in mediation.
How Much Does a DIY or Online Divorce Cost in Texas?
You don't have to hire a divorce lawyer in Texas. You can do it yourself or potentially file for divorce online.
DIY Divorce
You can represent yourself in your divorce, but you'll have to:
- follow Texas law and rules of court procedure
- find and complete all of the necessary court forms
- properly serve your spouse with the divorce forms
- potentially go to court, and
- finalize your divorce.
The Supreme Court of Texas publishes a set of approved divorce forms that can be used in certain uncontested divorces. Some counties have their own local forms, so check with the court clerk where you intend to file to make sure you have the right paperwork. You can find free information and resources on many everyday legal issues, including divorce, at TexasLawHelp.org.
Online Divorce
Online divorce is an increasingly popular option for people who want to save time and minimize the hassle of handling their own divorce. An online divorce service walks you through the paperwork you need for your situation and then tells you how to file it. The cost of online divorce services varies, but it's typically in the $150 to $750 range, with extra charges for additional services (such as filing paperwork with the court for you).
Online divorce services aren't appropriate in all situations. You might be a good candidate if:
- you're involved in a no-fault divorce (more on that below)
- you and your spouse agree on all of the important issues in your divorce
- you're aware of all of your marital assets and have access to financial records
- your spouse isn't represented by a lawyer, and
- a power imbalance or domestic violence hasn't been a part of the relationship.
How Disputes and Trial Affect Divorce Costs in Texas
Most divorce lawyers will tell you that the amount of time needed for your case will largely depend on how many disagreements you have with your spouse over significant issues like:
- child custody and support
- alimony (also known as spousal maintenance in Texas), and
- the division of your property and debts.
To help resolve these disputes, your lawyer will need to spend time conducting discovery (gathering financial documents and other information) and negotiating a settlement agreement. The attorney may also need to file motions and represent you at hearings (for example, if there’s been a request for temporary child custody). And if you aren’t able to reach a settlement, even more time will be needed to prepare for and represent you at a divorce trial.
We looked at the impact of disputes involving these important issues on divorce costs in 2019 and learned the following:
- The average total cost of a Texas divorce when there were no contested issues was $4,000-$5,000.
- The average rose to $6,000-$7,000 when there was one dispute that resolved without trial, and $10,000-$12,000 for two or more disputes that were settled.
- When contested issues had to be resolved in court, the average costs were even higher: $13,000-$17,000 for trial on one issue and $18,000-$23,000 for trial on two or more issues.
The Impact of a “Fault” Divorce on Costs
When you file your initial paperwork, you have to list the legally accepted grounds for your divorce. In Texas, you can pursue a “no-fault” or “fault” divorce. Yours will be a no-fault divorce if the petition simply states that the marriage is “insupportable” because of conflict and there's no reasonable chance of reconciling, or you and your spouse have lived apart for at least three years.
If you can't or don't want to get a no-fault divorce, you'll have to file for a fault-based divorce. Fault-based divorces are typically more expensive than no-fault because you or your lawyer will have to gather evidence and prove that your spouse caused the end of the marriage for one of the reasons allowed by Texas law, such as adultery or abandonment. Defending against allegations that your misconduct ended the marriage is also expensive.
Judges in Texas may consider a spouse's marital misconduct when awarding alimony, which is why some Texans file for a fault divorce. An experienced lawyer can help you determine which type of divorce is the best (and least expensive) for you.
(Tex. Fam. Code §§ 6.001, 8.052 (2024).)
Filing Fees and Other Divorce Costs in Texas
In addition to what you pay your lawyer—or even if you don’t hire a divorce attorney—your divorce will involve other expenses. You'll have to pay a fee to file your divorce paperwork with the court, unless you request and qualify for a fee waiver. In Texas, the filing fees for divorce vary from county to county, but they typically run from $250 to over $400.
Other potential divorce expenses include:
- mediation costs
- a child custody evaluation, and
- fees for other experts like investigators and appraisers.
Our 2019 survey showed that Texas readers paid an average of $1,400 for these other expenses—just a little less than the national average of $1,600 for non-attorney costs. Here again, these non-attorney expenses will probably be higher than average when you have contested issues in your divorce (and lower when you don’t).
How Long Does Divorce Take in Texas?
To get a Texas divorce, either you or your spouse must have lived in the state for six months before filing and in the county where you plan to file for the previous 90 days.
Beyond that, many of the same factors that make divorce more expensive can also affect how long it takes to complete a divorce. Even though Texas doesn’t have a long mandatory waiting period before a divorce can be final (only 60 days from when the petition is filed), your divorce could drag out if you and your spouse are fighting about multiple contested issues, and especially if you go to trial to resolve those issues. Also, a fault divorce will almost always take longer, for the same reasons it will raise your costs. The national average for a divorce with contested issues in our 2019 survey was 12 months.
Your divorce could take longer if your spouse intentionally uses delaying tactics in an effort to make you agree to a less-than-optimal settlement—especially if your spouse has deeper pockets for paying attorneys’ fees.
You may be able to speed things up if you don’t have minor children, don’t own any real estate, agree on all major issues in your divorce, and meet all of the other qualifications for a simplified uncontested divorce in Texas.
(Tex. Fam. Code § 6.301, 6.702 (2024).)
More Information and Resources on Texas Divorce
Divorce in Texas can be expensive and time-consuming. If your situation involves a custody dispute, complicated financial issues, or significant conflict, talk to a divorce lawyer.
But not everyone needs (or can afford) a divorce lawyer. Other options include representing yourself, using an online divorce service, and going to mediation. For help choosing the right path for your divorce, you can check out Divorcenet’s quiz.
And here are more resources on divorce in Texas:
- Texas State Law Library
- TexasLegalAnswers.org
- TexasCourtHelp, and
- the Child Support Division of the Texas Office of the Attorney General.
