In order to file for divorce in Texas, you must live in this state for six months and in the county where you file for at least 90 days.
There is no legal separation in Texas.
An uncontested or agreed divorce may be granted after the 60-day waiting period or sooner if there is a conviction for domestic violence.
A divorce that has any contested element (child support, division of property, custody) may take nine months or more to reach final trial if no agreement is reached.
What will my divorce cost?
Attorneys bill at hourly rates. The customary
rate in Harris County area is between $300-500 per hour with a
minimum 1/4 hour fee for any action taken. Ms. Duff's hourly rate starts at
$185.00 billed at one-tenth of an hour (for example, her minimum
charge to read an e-mail is .1, or 6 minutes, for $17.50, instead
of a minimum 1/4 hour or $75.00 at the $300.00 rate).
To estimate your legal retainer fee and deposit for costs, add each category cost applicable to your case. We do not accept payment plans; however, if fees exceed your initial retainer, we do allow timely monthly payments to your account.
- The filing fee paid to the county is $250-$300. If your spouse has filed first, your filing fee is approximately $31.
- If you and your spouse are not in agreement on all issues and service is required, the cost of between $65-$130.
- If
you have children and are in agreement on all issues, the minimum legal
retainer fee for an agreed divorce with children is $1250.
- If you do not have children and are in agreement on all issues, the minimum legal retainer fee is $700.
- In a divorce where the parties do not agree use of a home, custody of the children, the amount of child support or the periods of possession of the children, a hearing is necessary to determine temporary court orders on these issues while the divorce is pending. The minimum retainer for a case which requires a temporary hearing starts at $2500.
- If you own a home and title will be transferred, additional charge for per deed is approximately $140, including filing fees with the county clerk's office.
- If either spouse has a retirement or pension through an employer and it will be divided via "roll-over" to an account of the other spouse, the additional retainer for preparation of a Qualified Domestic Relations Order to accomplish this is $500.00.
There rates are guidelines only.