The cost of an uncontested divorce in Texas varies depending on whether you use an attorney. If both parties agree on all terms, it can be fairly simple to proceed without having to pay unnecessary expenses.
Key Takeaways
- Uncontested divorce costs in Texas typically range from $350 to $5000.
- Ideal conditions include no minor children, no real property, and mutual agreement on all terms.
- Major cost factors include filing fees, service costs, attorney fees, mediation costs, and miscellaneous fees.
- Complexity increases with asset and debt division, child-related issues, spousal support disputes, domestic violence, and cases involving a missing spouse.
- Cost reduction strategies include self-representation, mutual agreement on paperwork, mediation, collaborative divorce, and using online divorce services.
How Much Is a Simple Divorce in Texas
A simple divorce in Texas typically costs between $350 and $5000, depending on whether you file the paperwork yourself or work with an online divorce service, a mediator, or a lawyer. If you qualify as indigent, the court fees can be waived.
The simplest type of divorce in Texas is one in which:
- You have no minor children together, and neither spouse is pregnant
- There are no disabled children of the marriage
- One spouse did not have a child with another person during the marriage
- Neither spouse owns any real property
- Neither spouse is seeking alimony or spousal support
- Either of you has an ongoing bankruptcy case
- You both agree on all terms of the divorce
- You are seeking a no-fault divorce
If you do not meet these criteria, your divorce could cost more to complete.
Factors That Affect the Cost of an Uncontested Divorce in Texas
There are a variety of factors that affect the cost of an uncontested divorce in Texas.
Filing Fees
Each county in Texas sets its own filing fees for divorce, but it usually costs around $350 to file a divorce petition.
If you want to file for divorce but cannot afford the filing fees, you can file an Affidavit of Indigency, asking the court to waive the fee. You may be required to show proof of your income and finances to qualify.
Divorce Papers
You can obtain free divorce forms from the state of Texas online or from your local courthouse.
The divorce papers must be legally served on your spouse. This can be done by:
- A constable
- A sheriff
- A private process server
- Certified mail sent by the court clerk
- Your spouse completing a Waiver of Service form
Service can cost a few dollars (if mailed) or $50 to $100 if a process server delivers the papers in person.
Attorney Fees
If you work with an online divorce service, you can complete your divorce for under $500.
If you hire an attorney to assist you, they could charge you a flat fee or bill you by the hour. Depending on the facts in your case, expect to pay anywhere from $1,000 to $6,000.
Mediation Costs
If you and your spouse cannot agree on the terms of your divorce, a mediator can help you reach a resolution together. Mediators might charge by the hour or set a fee for a specific number of sessions.
Fees could range from $4,000 to $10,000 or more, depending on how many issues you need to resolve.
Miscellaneous Fees
There are additional fees that could come up in a simple divorce, such as:
- Official copies of documents
- Attorney’s travel costs or paralegal services
- Losing time at work to appear in court or meet your attorney
- Additional attorney fees for motions or additional orders for things like protective orders or Qualified Domestic Relations Orders (QDROs) which are needed to divorce retirement benefits in the divorce
How Much Does a Lawyer Cost for Uncontested Divorce in Texas
Using an attorney for your divorce is the most expensive pathway to getting a divorce. If you cannot file the forms for a simple, uncontested divorce in Texas on your own, an attorney can assist you.
A nationwide study found that the average person spends $11,300 in attorney’s fees for a divorce. An uncontested simple divorce will cost less than this. People who paid their lawyers by the hour generally spent between $200 and $300 an hour.
Key Drivers of Higher Uncontested Divorce Costs
A simple uncontested divorce with no children, real estate, alimony, or assets and debts is the least expensive divorce scenario. However, various factors can make the divorce more complex and increase the amount you would need to pay a lawyer or mediator to assist you.
The Complexity of the Divorce Case
The more assets and debts in a marriage, the more complex the case will be and the more it will cost to resolve. Even if you and your spouse agree on everything, if you use an attorney or mediator, they will need to spend time understanding and evaluating what you own and owe and how it is being divided.
If you think your case is going to be uncontested, but your spouse suddenly does not agree on everything, you need to go through settlement talks and possibly mediation or a trial.
If your spouse hides assets, withdraws marital funds, opens credit cards in your name, or locks you out of the house, this can also complicate your case and require more legal intervention to resolve it.
Children
If you have minor children, you can still have an uncontested divorce, but it won’t be as simple. When you share children, you must agree on child custody and visitation. These can be complex topics to resolve on your own and may result in your divorce becoming contested.
Spousal or Child Support
If you or your spouse wants spousal support, this must be negotiated and agreed upon for your divorce to remain uncontested. If you can’t agree, your divorce becomes contested and could go to trial.
If you have minor children, child support must be determined. If you agree on child support, you can have an uncontested divorce. If, however, you aren’t in agreement, the case will move forward as contested.
Domestic Violence, Abuse, or Neglect
If domestic violence is an issue in your case and you or your spouse seeks a protective order, this will complicate your case.
If you have children and there are allegations or findings of abuse or neglect, Child Protective Services could become involved, which will complicate your case.
Division of Property and Debts
The division of property and debts is a critical factor that can significantly increase the cost of an uncontested divorce in Texas. If the couple owns valuable assets such as real estate, retirement accounts, or jointly owned businesses, disputes can arise regarding their division. This process often requires appraisal services, legal consultation, and negotiation.
Additionally, disagreements over who is responsible for shared debts or credit accounts can lead to prolonged settlement talks or mediation, further increasing legal fees.
Missing Spouse
If you can’t locate your spouse to have them served with the divorce papers, the case can’t proceed until legal service occurs. In this type of situation, the court may give you permission to serve them by posting a notice at the courthouse, but you have to file additional paperwork to get permission to do this, which costs more if you use an attorney.
In other situations, you may be permitted to serve them by publishing a notice in a newspaper. Again, there are additional forms to complete for this, and there is also the fee the newspaper charges.
Ways to Reduce the Cost of an Uncontested Divorce in Texas
You can do things to keep the cost of your divorce low.
Pro Se Representation
Representing yourself is the most inexpensive way to access a divorce. If you and your spouse agree, you can complete the forms yourself. You will appear in court alone to finalize your divorce. The only costs you have are filing fees and the cost of service if you have to pay a process server.
Representing yourself can make sense if your divorce is uncontested and you know what you are entitled to under the law. If you and your spouse cannot agree and you are unsure about your rights in a divorce, it is a good idea to talk to an attorney or work with an online divorce service provider.
Get Your Spouse to Sign the Papers
If you and your spouse agree, ask them to sign the Waiver of Service so you don’t have to pay to have them served.
Also, ask them to sign the Judgment of Divorce, which you must file with the court for the judge to sign. You won’t need any lawyers involved and can complete your divorce quickly.
Mediation
If you and your spouse are not in complete agreement about every item in the divorce, then it is no longer uncontested. Working with a mediator is a great way to resolve the issues that are up for debate. Once you reach a settlement, you can move ahead with the uncontested divorce.
Using a mediator is less expensive than hiring two attorneys.
Collaborative Divorce
Collaborative divorce is a process where each spouse hires a lawyer, but the lawyers agree they will only work towards a settlement and won’t take the case to trial. If you and your spouse are not in agreement, this is a good option for working through unresolved issues. Collaborative lawyers usually charge an hourly rate but are often less than regular attorneys since you won’t pay for in-court time.
Uncontested Divorce Online
Filing for your uncontested divorce online using an online divorce service is the least expensive way to get assistance. This is a good option if you feel unsure or overwhelmed by the paperwork. You fill out a questionnaire online, and the papers are completed and filed for you at a cost less than hiring any other professional.
Final Thoughts
Handling your own uncontested divorce in Texas is the most affordable way to divorce in Texas, but if you need help, many other options are available.