Divorce can feel like a lot. And then there’s the cost of a divorce.

While it’s hard to know the exact price of your divorce from the outset, you can get an idea of the costs you might face. So if you’re wondering, “How much does divorce cost in Texas,” this article may help.

Below we discuss the costs associated with each step of a Texas divorce. We also explain how children, shared property and spousal support can increase or decrease how much you might pay or receive from your spouse.

The average cost of divorce in Texas

On average, a Texas divorce can currently cost anywhere from about $4,000 for an uncontested divorce to about $23,000 for a contested divorce with several issues to resolve in court. This demonstrates the substantial amount of money you may be able to save by reaching an agreement with your spouse on as many issues as possible. 

Breakdown of the costs of divorce in Texas

At every step of the divorce process, you may face certain fees. Not all of these apply to every case, but some fees are unavoidable.

Filing fees 

When you file for divorce in Texas by submitting the paperwork, you need to pay a fee. The rate varies from county to county and also based on the circumstances surrounding your divorce, such as whether you have children. Overall, the current filing fee is approximately $250 to $400.

Service fees

When you get a divorce, you need to serve your spouse with notices regarding your actions, counterclaims and any other motions associated with your case. Serving your spouse is often called service of citation. Service can be done by:

• A sheriff
• A constable
• A process server
• Certified mail

Depending on the county you live in, the cost of hiring a sheriff or constable is currently about $100. A private process server may charge more.

Using certified mail costs about $4 plus postage.

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Attorney fees

You can navigate a divorce without hiring an attorney, but the divorce process is typically less stressful and more equitable when you have a lawyer. 

While some divorce attorneys handle cases for a flat fee (usually in the thousands), many Texas divorce attorneys charge an hourly rate that currently averages around $260 to $320. You may not have to pay these fees in the end, because Texas law allows fee shifting in divorce cases. This means a court can order your ex to pay any reasonable attorney fees you incur. A lawyer can advise on whether this may be an avenue for you.

Temporary orders of support

Because divorces can take a long time, couples can seek temporary support orders to keep them and their families afloat while awaiting a final decree. These orders can include spousal support and child support.

Depending on your circumstances, you could be obligated to pay your spouse hundreds to thousands of dollars a month in temporary spousal support until your divorce is final. The exact amount depends on your financial circumstances, the characteristics of your marriage, and your spouse’s financial needs, earning capacity and resources. 

To determine child support, the court looks at all sources of your income and your child’s needs. Spouses in a one-income household can use the Texas Attorney General’s child support calculator to get an estimate of how much they may pay or receive.

Discovery

The process of gathering proof to support your requests in court is called discovery. This can be an expensive undertaking because of the number of documents and expert opinions often involved. 

To collect admissible documents that reflect your health needs, your child’s health needs or your financial circumstances, you’ll probably have to pay a fee to your healthcare provider and financial institution. 

The Texas Administrative Code currently allows healthcare professionals to charge $25 for 20 pages of medical documents and 50 cents for every additional page. Depending on how extensive your medical history or your child’s medical history is, you could end up paying $100 or more to obtain evidence for your case. 

And if you need any expert witnesses to review and analyze the facts of your case or give a deposition during discovery, expect to pay hundreds per hour for their time.

Mediation

Sometimes a Texas divorce court orders spouses to attend mediation before proceeding with a trial. You and your spouse can also agree in writing to attend divorce mediation. 

During this legal process, both parties discuss their issues with a neutral third party. This mediator’s job is to help the spouses come to a consensus on as many issues of the divorce as possible. 

Professional mediators currently charge $150 to $500 an hour. While this can add up, the final price of mediation is usually less than going to a trial to let a judge have the final say on the terms of the divorce.

Trial

If you end up going to trial, obviously your attorney fees increase. You also may have to pay for expert witnesses, such as child psychologists and forensic accountants, to testify in court and prepare ahead of time. Most experts charge a few hundred dollars per hour.

Factors that impact the cost of a Texas divorce

In addition to the step-by-step cost of a Texas divorce, you also want to consider how the specific circumstances of your marriage play a role in how much you need to budget. The main factors are:

• The type of divorce
• Minor children
• Spousal support
• Property division

Contested divorce vs. uncontested divorce

One of the biggest things that determines how much a divorce costs is whether your divorce is contested or uncontested. 

• In a contested divorce, the spouses disagree about some (or all) terms of the divorce, such as child support, property division and alimony. In most cases, contested divorces end up going to trial.
• In an uncontested divorce, the spouses are able to reach an agreement about all terms of the divorce.

An uncontested divorce is typically less expensive than a contested divorce because it takes less time and might not require the help of legal and financial experts.

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Minor children

Sharing minor or disabled children with your spouse generally means a more expensive divorce because divorces with children often take significantly more time. Additional costs can include:

• Hiring professionals to evaluate your child’s needs, the relative parenting abilities of you and your spouse and your individual circumstances to help the court make the best decision regarding your rights to parenting time and custody. 
• Monthly child support to cover your child’s needs. If your child is very young, you could be liable for child support for a substantial number of years. 
• The costs associated with maintaining two households for the same child.

Spousal support 

Paying spousal support (or spousal maintenance) can be a requirement for a spouse who:

• Earns more money
• Has more financial resources 
• Or has greater earning capacity than the other spouse

This cost can be several hundred to several thousand dollars a month, and the obligation to pay might last until your ex remarries or dies.

Property division 

Though necessary, dividing your property can be a costly part of a divorce. Consider the following:

• Only marital property is subject to division in Texas. But if your assets are combined or your spouse is hiding finances, you might need to hire a forensic accountant to ensure that marital and separate property are correctly identified.
• You might need to spend substantial time with a regular accountant to discuss your financial assets and liabilities so that you can properly present your needs to the court. 
• You may need to pay to request financial documents from the institutions that manage your funds and properties so you can prove your entitlement to a larger share of the marital estate. 
• During or after the divorce, you might have to pay to refinance your home when transferring the title, to keep insurance on properties that are awarded to your spouse or to maintain the home in which only your ex-spouse is allowed to live. 

When to speak with a lawyer

As counterintuitive as it may sound, an experienced attorney can help reduce your divorce costs. They can:

• Handle your case efficiently
• Help identify what you’re entitled to from your ex
• Connect you with helpful professionals in other fields to support your case
• Reduce the chances that you’ll be ordered to pay more in support or marital property than is warranted

They’ll also answer your questions along the way and help you protect yourself, overall making a stressful process at least a little less taxing.