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According to a survey conducted by Lawyers.com, on average a divorce in Texas can cost $15,600, with only $12,400 for attorneys’ fees.
This figure is 22% higher than the national average of $12,800 considering $10,100 in attorneys’ fees.
What is the hourly rate that Texas divorce lawyers charge?
The average hourly rate for divorce lawyers in Texas is $300. However, this figure can range from $50 per hour, up to $350 per hour.
Almost all divorce lawyers in Texas will bill you by the hour. In the same way, you will be billed by a legal assistant and other personnel when required.
That hourly rate multiplied by the total time spent on your Texas divorce case will determine the fee you will pay.
What other expenses add cost to a divorce in Texas?
In addition to the fees of the divorce lawyers in Texas, other expense items must be added that are variable.
Included are fees for court filings, mediation, and the cost of reproducing and serving documents.
Expenses also include compensation for expert witnesses and consultants, such as child custody evaluators, appraisers, or financial analysts.
In that regard, average divorce expenses in Texas over the past two years were $3,300, slightly higher than the national average of $2,700.
One factor that increases the cost of divorce in Texas is the existence of children from the dissolving marriage.
When custody and support issues are handled in a divorce in Texas, the average cost rises to USD 23,500. This figure includes USD 19,800 for legal fees.
What is the most expensive divorce case?
Divorce in Texas becomes more expensive when it goes to trial, regardless of the issues involved.
If your case goes to trial, your attorney will need to spend additional hours preparing and fighting a court battle.
This work is billed at your lawyer’s hourly rate, or in some cases, a higher litigation rate.
When a Texas divorce case goes to trial, the attorney prepares a minimum of two hours for every hour spent in court.
How is a divorce handled for lack of one of the spouses?
When you file your divorce papers in Texas, you must list the reason for the request to end your marriage.
You can file for a no-fault or no-fault divorce in Texas. A no-fault divorce is where neither spouse assigns blame for the breakup.
Usually “irreconcilable differences” are alleged. This means that you and your spouse can no longer get along as a couple, and there is no chance of reconciliation.
If you file for a fault divorce, you are stating that you believe your spouse caused the breakdown of the marriage.
Faults are filed based on one or more of the following grounds:
- Cruel treatment (mental or physical abuse)
- Leaving home
- Long-term imprisonment, or
- Insanity or some kind of insanity.
In Texas, courts consider adultery by either spouse when deciding alimony and property division. For this reason some spouses prefer to file for a fault divorce.
If you are alleging adultery, you must also prove it with evidence that a judge finds admissible and convincing, this increases fees and costs.
The private investigator and his role in the divorce
Your lawyer can hire a private investigator to obtain evidence of the matter. He will track down the at-fault spouse, taking pictures and conducting online searches on social media.
Additionally, your lawyer will work closely with the private investigator, reviewing the evidence obtained and investigating other issues.
Once the evidence has been gathered, your lawyer will probably want to interview your spouse and other possible parties.
Finally, your lawyer must present the divorce file and its evidence at trial. All that attorney time is billed by the hour, the cost will add up quickly for this no- fault divorce.
How long does a divorce take in Texas?
It is estimated that on average a divorce in Texas takes 12.5 months to resolve.
Although Texas has a mandatory waiting period of only 60 days, other factors may extend the time.
A fault divorce will not only increase the cost of your divorce, it will also increase the duration.
Cases where children are involved also lengthen the time to completion. Also, couples who go to trial wait an average of 7 more months to finalize their divorce in Texas.
Simplified dissolution is available but not common. Texas has a streamlined divorce process, known as an “uncontested divorce,” but few couples qualify for it.