Posted by Mary E. Ramos | Uncontested Divorce
Divorce is not cheap, but there are ways to minimize costs. One way to save money is to work out the terms of your divorce outside the courtroom and file an uncontested divorce. But even an uncontested divorce comes with a bill. The overall cost of an uncontested divorce in Texas can range from a few hundred to a couple thousand dollars. How much an uncontested divorce in Texas will cost depends on your court-related fees and whether you hire a lawyer or any other services.
Although hiring a lawyer will raise your costs, it can save you time, stress, and even money in the long run. The lawyers at the Ramos Law Group, PLLC, can help you identify what to ask for, negotiate, put your agreement down in writing, and be by your side. We understand your money is valuable, and you can contact us to discuss how much our services might cost you.
How Do You Get an Uncontested Divorce?
Broadly, you get an uncontested divorce in four steps:
- Prepare to file,
- File,
- Finalize your documents, and
- Attend your final hearing.
Throughout, ensure you and your spouse are on the same page.
Prepare to File
Many forms are available online to help you prepare to file. Before you file, ensure you and your spouse agree on issues like:
- How to divide property,
- How to handle custody of any minor children,
- Who will pay child support and how much, and
- Whether one spouse will pay the other spousal support.
While you need not have ironed out every final detail, you should have a written agreement addressing these issues before you file. At the preparation stage, you may incur costs related to negotiation, like attorney’s fees or mediation fees.
File
Once you have ironed out the core issues, you can file for an uncontested divorce. One of you files the initial paperwork, the petitioner, and the other is the respondent. You decide which spouse fills which role. The petitioner typically pays a filing fee.
After the petitioner files, the court ensures the respondent knows about the action. Typically, this requires serving divorce papers on the other spouse. However, the respondent can waive their right to be served, potentially saving some costs.
Finalize Documents
Texas judges cannot grant a divorce until 60 days after the initial filing. During this 60-day waiting period, you finalize your agreements, address any outstanding issues, and update documents as necessary. Once you have everything in its final form, you file your proposed final divorce decree with the court.
Final Hearing
You and your spouse typically must attend a hearing at the end of the uncontested divorce process. There, the judge asks about your agreement, ensuring it:
- Is fair,
- Is what the spouses want, and
- Both spouses understand it.
After this hearing, the judge typically issues an order converting your agreement into law. Along with this order, the judge may order you to pay court costs.
How Much Does an Uncontested Divorce Cost in Texas?
Given these steps, how much is an uncontested divorce in Texas? At a minimum, you generally pay filing fees and court costs. The total cost of an uncontested divorce in Texas may also include attorney’s fees, mediation costs, and third-party service fees.
Court-Related Costs
You may request a fee waiver of filing fees or court costs if you:
- Receive government benefits because your income is below a certain level,
- Qualify for assistance from a legal aid attorney, or
- Cannot cover court costs and meet your household’s basic needs.
In 2024, the statewide required filing fee is $213 to file a new civil case but this fee may differ across the state and counties. The filing fee to file a new case in Harris County is $350. You may also need to pay additional fees, varying by the county where you file, related to:
- Suit Affecting the Parent-Child Relationship (SAPCR) administrative costs,
- Service of process,
- Copies of documents, and
- Clerk fees.
The court may order you to pay these fees at the end of the case.
Mediation and Attorney’s Fees
Whether you hire a lawyer or go to a mediator is up to you. Yet, if you cannot agree on any issues, you may need their help. How much either costs depends on the overall complexity of the case, which may be affected by several factors, like:
- What issues, if any, you disagree on;
- Whether you have minor children; and
- How much and what kinds of property you need to divide.
Generally, the more work an attorney needs to do, the more they will charge you. Your bill may be a few hundred to a few thousand dollars. Mediators work similarly. The more time they need to spend with you, the more you will pay.
Third-Party Services
How much you pay for third-party services may be highly variable. For example, you may pay fees to third parties related to:
- Service of process,
- Asset valuation, or
- Tax consultations.
You may save on many of these costs by cooperating with your spouse throughout the process.
Decide Whether to Hire a Lawyer
Resources are available online to help you file for divorce on your own. However, in all but the simplest cases, hiring a family lawyer is often a benefit that outweighs the costs. Your lawyer can help you negotiate and ensure you walk away confident about your divorce’s outcome.
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Last Updated on August 20, 2024 by Mary E. Ramos
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