Texas Uncontested Divorce Cost: What to Know Before You File
How much does a divorce cost in Texas? An uncontested divorce is sometimes called an “agreed” or “quick” divorce because it typically takes less time to finalize and usually costs less than a litigated divorce. It’s an attractive option for couples with minimal property, no significant assets, and no minor children.
Let’s break down the costs associated with an uncontested divorce, and what factors affect these costs.
Getting a Simple Divorce in Texas
An uncontested divorce is pretty straightforward if you do not have significant assets and children. You can only file for an uncontested divorce in Texas if you’ve lived in Texas for at least six months and in your county for over 90 days.
Steps in an Uncontested Divorce
Here’s how the process typically works:
- File the Petition: One spouse files an Original Petition for Divorce in their county to notify the court that both parties want a divorce. A Civil Case Information Sheet and other required paperwork must also be filed.
- Pay Filing Fees: A fee is required when filing the divorce petition, depending on the county where the divorce is filed.
- Waiver of Service: One day after filing, the other spouse signs a Waiver of Service before a notary. This indicates that the spouse does not need to be formally served with the divorce papers.
- Finalize the Agreement: Both spouses sign the Final Decree of Divorce, which includes court orders on property, debts, retirement funds, and other details.
- Mandatory Waiting Period: Texas law requires a 60-day waiting period before the divorce is finalized. This period gives both spouses time to reconsider if necessary.
- Final Approval: After 60 days, one spouse appears before a judge to finalize the divorce. The judge signs the Final Decree of Divorce, officially completing the process.
How Much Does an Uncontested Divorce Cost in Texas?
While an uncontested divorce costs less than a contested one, several factors still affect the final cost.
Cost Factor |
Details |
|---|---|
Court Filing Fees |
Varies by county, typically between $250 and $400. |
Attorney Fees |
If you use a lawyer to draft or review paperwork, fees will vary based on case complexity. |
Mediation (If Necessary) |
May be required to resolve minor disputes, adding extra cost but still cheaper than litigation. |
Additional Paperwork |
Special paperwork for assets (e.g., retirement accounts or property division) can increase costs. |
Should You File an Uncontested Divorce?
An uncontested divorce is ideal for couples who can agree on everything, but it may not be right for you if the following circumstances apply:
- One spouse has given birth to a child with another partner during the marriage.
- There are disagreements on issues related to the divorce.
- Either spouse wishes to file for divorce on fault-based grounds such as cruelty or adultery.
- One spouse is pregnant.
- You or your spouse want spousal support or alimony.
- You have significant property, debt, or bankruptcy issues.
- You have a child with disabilities, or your child is under 18 and still in high school.
In these cases, a contested divorce may be necessary, which will be more expensive and time-consuming. Consult an experienced divorce lawyer to determine which type of divorce best fits your situation.
Quick Divorce in Texas: Keeping Costs Low
Here’s how you can keep the costs of an uncontested divorce down:
- Agree on All Terms: The more you and your spouse agree on before filing, the fewer attorney hours or mediation sessions you’ll need.
- Filing Without a Lawyer: While not recommended for complex divorces, if your situation is simple, filing without a lawyer may save money (but make sure you understand the risks).
- Use Mediation Wisely: If you encounter minor disputes, opt for mediation instead of turning to a contested divorce. It’s far cheaper and faster than going to court.
What Affects the Cost of an Uncontested Divorce?
Several factors can increase the cost of an uncontested divorce:
1. Property Division
If you and your spouse own property (like a home or vehicle), dividing these assets can complicate the process and increase attorney fees. If the divorce involves retirement accounts, additional paperwork such as a Qualified Domestic Relations Order (QDRO) may also increase costs.
2. Children
Even uncontested divorces involving children require detailed custody and child support agreements. Negotiating these terms may add to legal costs if the agreement isn’t straightforward.
3. Spousal Support
Negotiating spousal support or alimony, even in an uncontested divorce, can add complexity, which may increase legal fees.
Uncontested Divorce with a Lawyer: Why It’s Worth It
Hiring a lawyer to review your uncontested divorce can prevent costly mistakes even if you’re trying to keep the cost low. A lawyer ensures that the final decree is legally sound and that all important issues are covered—especially if property or children are involved.
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Ready for a Low-Cost, Hassle-Free Divorce? Contact Longworth Law Firm
At Longworth Law Firm, we help couples through the uncontested divorce process quickly and affordably. Our experienced divorce attorneys will help you avoid the common mistakes that can make your divorce costlier or delay the process.
Contact us today to learn how we can guide you through your uncontested divorce with minimal cost and hassle.