Insofar as divorce goes, the scenario is seldom palatable, save for the fact that, where both parties can agree on the major issues involved. An uncontested divorce in Texas, quite simply, must be the easiest and cheapest route for couples inclined to amicably part ways. Whether you're trying to figure out if this type of divorce is for you or you're just wondering about the total Cost Of Uncontested Divorce In Texas involved, this guide will give you an overview of what you can expect in terms of the cost of an uncontested divorce in Texas. What Is an Uncontested Divorce? Uncontested divorce refers to a dissolution process wherein both partners agree on all terms of the divorce, including custody of children, division of property and debts, and support. Since the disagreements are to be resolved outside the courtroom, it is generally a quicker and less expensive venture than its contested counterpart. In Texas, for a divorce to be regarded as an uncontested divorce, the follo...
Insofar as divorce goes, the scenario is seldom palatable, save for the fact that, where both parties can agree on the major issues involved. An uncontested divorce in Texas, quite simply, must be the easiest and cheapest route for couples inclined to amicably part ways. Whether you're trying to figure out if this type of divorce is for you or you're just wondering about the total Cost Of Uncontested Divorce In Texas involved, this guide will give you an overview of what you can expect in terms of the cost of an uncontested divorce in Texas.
What Is an Uncontested Divorce?
Uncontested divorce refers to a dissolution process wherein both partners agree on all terms of the divorce, including custody of children, division of property and debts, and support. Since the disagreements are to be resolved outside the courtroom, it is generally a quicker and less expensive venture than its contested counterpart.
In Texas, for a divorce to be regarded as an uncontested divorce, the following must be observed:
A residency of not less than six months in Texas must be established by one spouse.
A residence in the county in which the petition for divorce is being filed for not less than 90 days must be established by one spouse.
There must be no active bankruptcy proceedings.
Given these requirements, a couple could avoid spending lots of money on court fees and initiate an uncontested divorce procedure.
Filing Fees and Court Costs
The primary Cost Of Uncontested Divorce In Texas would be the filing fee. This differs slightly from county-by-county but doesn't tremendously, whereas approx $250 to $350 is typical.
Also, in addition, there are some small administrative charges:
Charges for copies of court documents
Certified copies of the final divorce decree are usually about $5–$10 per copy.
Some courts will grant waivers of fees when they are able to proven by you that you do not have the money.
Lawyer Fees for an Uncontested Divorce
In most cases where spouses are simply filing for an uncontested divorce, they themselves fill out the paperwork using online forms or help from legal aid centers. That being said, hiring an attorney (which is an option) may give the benefit of correct document filing and development of a well-constructed decree thereby securing one's rights.
The following is a rough breakdown of attorney fees:
Flat fee for uncontested divorce: $500–$1500
Hourly rate (if used): $150–$300 per hour. However, many attorneys charge fixed fees for uncontested cases.
The charge is whatever the case is worth. For instance: a divorce where children are non-existent and the parties have very small assets would likely end up costing little on the minimal end.
Do-It-Yourself Divorce Costs
Some couples consider DIY divorce with court-recognized forms that can be downloaded from the Texas Supreme Court or third-party online divorce services. The total Cost Of Uncontested Divorce In Texas can be anywhere between $300 and $600, including filing fees, and no legal assistance is utilized. This action is superb for extremely simple cases in which neither one wishes to retain a lawyer. Both are in agreement regarding the details of the split and the laws they have to navigate. It is a waste of time and money for one to hire an attorney in cases such as this.
Another point of caution for those going this route: be sure that all the forms are filled out correctly. Inaccurate or incomplete information can lead to delays or even dismissal of the case, thus increasing the costs in the end.
Other Fees: Mediation and Additional Services
Some couples use mediation services to iron out the finer details even when parties agree to an uncontested divorce. This can become an additional cost from $100 to $300 per hour in Texas; it's thought that, for causes where the parties are mostly in agreement, one session should be held.
Other costs that may accrue from services that can be chosen to be used include:
Notary Public Fees
Private Process Servers (necessitated to be utilized if personal service could be required)
Parenting classes (compulsory in some counties if children are involved)
Final Thoughts
From an emotional and financial standpoint, a non-contested divorce in Texas is less expensive than a contested divorce. This can range anywhere from $300 for simple do-it-yourself service right up to $1,500 or more if the litigation need is combined with an attorney and mediation. In the situation where the spouses are working in concert and looking to move forward, nothing seems to be better than an uncontested divorce between you both, which brings some closure with minimal friction.
Understanding options and planning for them will give you a measure of control over expenses and allow you to remain unafraid in the process.
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