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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. An uncontested or agreed divorce may be granted after the 60-day waiting period. There is no legal separation in Texas.
What will my divorce cost? CHECK all which apply to determine an estimate of the legal retainer fee and deposit for costs which will be required by this office.
- The filing fee paid to the county for most divorce filings is approximately $250.00. This is applicable in ALL CASES where an Original Petition is filed. If your spouse has filed first, the filing fee is approximately $31.00.
- The cost for service of divorce papers on your spouse is in the range of $60.00-$120.00. If you and your spouse are in agreement on all terms of your divorce (division of property and debts; custody, support and visitation of the children,) then service is not necessary and one party may sign a waiver of service in front of a notary. If your spouse filed first, service is obtained on his or her attorney and there is no additional cost.
- If you have children and are in agreement on all issues, the minimum legal retainer fee for an agreed divorce with children is $1250.00.
- If you do not have children and are in agreement on all issues, the minimum legal retainer fee is $700.00.
- In a divorce where the parties do not agree on any issue such as 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. The minimum retainer for a case which requires a temporary hearing is $2500.00.
- If you own a home and title will be transferred, additional charge for new deeds is approximately $200.00, 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.
- If your divorce is contested, the legal retainer fee necessary will be determined at the time of our initial consultation, depending on your specific situation. Unless your divorce is a simple uncontested divorce without children or property, attorneys will bill you at an hourly rate. The customary rate in the Harris County area is between $200-600 per hour with a minimum 1/4 hour fee for any action. Ms. Duff's hourly rate begins at $185.00 and she bills by the tenth of an hour (for example, her minimum charge to read/answer an e-mail is .1, or 6 minutes).
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