Cost varies widely based on whether the divorce is contested, whether children or significant assets are involved, and whether the case goes to trial. Filing fees are set by the county district clerk and change periodically. Attorney’s fees for an uncontested, agreed divorce are generally lower than for a contested case involving custody or property disputes, which can require discovery, mediation, and possibly trial.
Much like the length of a divorce varies on many factors, so does the cost. Generally, firms charge more than solo practitioners. This does not mean that a solo practitioner is less of a lawyer than one associated with a larger firm or partnership. However, firms routinely bill for work done by one or more staff members and attorneys, often including billing for conferencing or discussing with each other on your matter or reviewing the work done by others in the firm. It is normal for all attorneys to review paralegal and support staff work, as paralegals and legal assistants are not lawyers and cannot give legal advice.
Contested cases will cost more, and it will depend on the issues involved. An uncontested divorce is typically less expensive because the attorney’s work is largely limited to drafting and reviewing the agreed decree and related documents, with potentially a single, brief hearing, which often can be done without even stepping foot in the courthouse. A contested divorce costs more as issues remain unresolved, since attorney time expands to cover negotiation, discovery, mediation sessions (and the mediator’s fee, usually split between the parties), hearings on temporary matters, and – if the case doesn’t settle – trial preparation and trial itself. Generally, the more issues in dispute and the more complex the marital estate, the higher the cost.
Most Texas family law attorneys bill hourly against a retainer, which is typically deposited into and held in the attorney’s trust account and drawn down as work is performed; once the retainer is exhausted, the client is usually asked to replenish it. On top of attorney’s fees, a divorce can involve other out-of-pocket costs beyond the initial filing fee – such as fees for serving the other party, mediator fees, and, in cases requiring them, expert fees for a business valuator, forensic accountant, or custody evaluator. These additional costs tend to track the same pattern as attorney’s fees: they rise with the number and complexity of contested issues, and are minimal or nonexistent in a straightforward uncontested case.
Most lawyers do not do flat-fee pricing due to the potential for issues to arise in a family law case.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.