Who Pays Divorce Attorney Fees in Texas?

Divorce can be emotional, exhausting, and expensive. When clients come to us seeking dissolution of marriage, one of the first things they often ask is, “Who pays divorce attorneys fees?” Actually, to be more specific, they usually want to know if they have to pay for their spouse’s divorce attorney—or if there is any way that they can make their spouse pay their lawyer fees.

As is the case in most family law matters, the answer is, it depends. The decision about who pays divorce attorney fees is made by the family law judge on a case-by-case basis. In some divorce cases, each party pays their own attorneys. In other cases, one spouse will be ordered to pay all or part of their ex’s attorney fees. In this article, family law attorney Turner Thornton answers frequently asked questions about divorce attorney fees in Texas—but first, watch this short, but highly informative, video.

Understanding Divorce Attorney Fees in Texas

Texas follows a community property system, which shapes how assets, debts, and even attorney fees are handled during a divorce. Unlike some states where each spouse might automatically bear their own costs, Texas courts aim for a “just and right” division, giving judges significant discretion. Understanding this framework can help set expectations about how fees may be allocated.

How do I ask my spouse to pay for my divorce attorney fees in Texas?

If you don’t ask, you can’t receive. In your original petition for divorce, you must ask the judge to order your spouse to pay for your divorce attorney fees in Texas. It’s important to make sure that your lawyer includes this request in your petition.

How does the judge decide who pays divorce attorney fees in Texas?

Texas is a community property state, which means all assets and debt belong to both spouses until the divorce is finalized. This includes attorney fees, which are also subject to “just and right” division between the parties.

When determining who pays for divorce attorney fees in Texas, the judge will consider the financial status of both parties. If one spouse makes considerably more money than the other, the judge may find it fair to order the spouse who is more financially stable to pay for all or some of the other spouse’s divorce attorney fees. Other factors, such as the length of the marriage, child custody arrangements, or significant disparities in earning potential, may also come into play.

Can the court consider a spouse’s bad behavior during the divorce process when deciding who pays divorce attorney fees?

Yes. If one spouse acts in so-called “bad faith” or displays vexatious behavior, the judge could order him or her to pay the other spouse’s attorney fees. Examples of bad faith could include not complying with discovery requests, refusing to abide by court orders, hiding assets, or intentionally drawing out the process in an attempt to create a financial hardship on the other party.

When is the decision made regarding who pays divorce attorney fees?

Attorney fees are awarded at the end of the divorce. Since the fees are considered joint property/community debt, both spouses will present a detailed accounting of all their legal fees at the conclusion of the divorce. The judge will then decide how to divide up lawyer fees and legal expenses. If the judge orders one spouse to pay the other’s expenses, they will essentially be reimbursing the other party.

What happens if one spouse can’t afford to pay an attorney during the divorce process?

During the divorce process, if one party cannot afford to pay an attorney, he or she can request temporary fees by filing a Motion for Interim Attorney Fees. The judge will then review the attorney fees that have been accrued thus far and the resources of each spouse. The judge will then make a decision whether one spouse should pay the other’s lawyer’s fees during the ongoing divorce process.

What other factors might influence the judge’s decision?

Beyond income and behavior, judges may consider additional circumstances. For example, if one spouse sacrificed career opportunities to support the family during a long marriage, the judge might adjust fee responsibilities accordingly. Similarly, if the divorce involves complex child custody disputes or significant property division, these elements could impact the final ruling on attorney fees.

Can you appeal a decision about attorney fees?

If you disagree with the judge’s decision on attorney fees, you have the right to appeal, though this must be done within a specific timeframe (typically 30 days after the final divorce decree in Texas). An appeal requires demonstrating that the judge abused their discretion or misapplied the law, which can be challenging. Consulting with your attorney about the feasibility of an appeal is essential.

Example Scenarios

To illustrate, consider these hypothetical cases: If Spouse A earns $100,000 annually while Spouse B earns $30,000, a judge might order Spouse A to cover some of Spouse B’s fees for fairness. Alternatively, if Spouse A hides assets and delays proceedings, the judge could penalize them by assigning all fees to them, regardless of income disparity.

Tips to Minimize Divorce Attorney Fees

Divorce costs can escalate quickly, but there are ways to keep them in check. Be organized with financial documents, communicate efficiently with your attorney, and consider mediation to resolve disputes outside of court. These steps can reduce billable hours and lessen the financial burden, regardless of who ultimately pays.

Seeking a divorce? Contact us.

Divorces can be costly and contentious. At Varghese Summersett, we will help you navigate uncharted territory and ensure that your rights and interests are protected every step of the way. We will handle your case with the sensitivity, discretion, and expertise it deserves. Call 817-900-3220 today to schedule a consultation with a member of our team.