Practice
Area

Media

Share

Why can divorce be so expensive?

WRITTEN BY KIRKER DAVIS, BY CHRIS KIRKER

If you wonder why can divorce be so expensive, it is important to understand it comes at a significant cost – both emotional and financial. According to a 2015 study, the average divorce in Texas costs about $15,600 without children and about $23,500 with children. There are some costs that are the same for every case – like the filing fee for court documents (unless the court waives those fees based on your inability to pay) – but depending on the complexity of the issues, whether or not counsel is involved, and the extent to which the spouses are able to collaborate, the true cost of divorce can greatly vary. Thus, a divorce could technically cost a few hundred dollars, but it may also cost many thousands.

Filing Fees

Even if you and your spouse completely agree on the terms of your divorce, including custody and property division, and want to avoid the cost of hiring attorneys or a mediator, you will still have to pay filing fees. The amount differs based on the county you file in, but the fees range between $250 and $400.

Legal Fees

Spouses who are getting divorced often hire attorneys to negotiate the terms of their divorce for them. But legal representation is not cheap – and attorney’s average rates can vary from around $250 to $900 per hour. It’s important to keep in mind that with a higher hourly rate comes more experience, which can be invaluable depending on the spouse’s goals and the complexity of the case.

Other Factors

1. Length of Marriage

In general, the longer the marriage, the more assets the spouses have likely acquired. And, since Texas is a community property state, in addition to dividing all of the property the spouses obtained over the years, if either spouse wants to claim that a particular asset is separate or mixed character property, that spouse has the burden of proving that the asset was purchased before marriage or with separate property funds, which requires a process called “tracing.” Longer marriages may also involve claims for spousal support, both during a pending divorce, and following the conclusion of the divorce.

2. Children

If the spouses have children who are under the age of eighteen, the divorce will also include issues such as decision-making rights, a possession schedule, and in many cases, child support.

3. Complex Assets

If the spouses have more complex assets – like small businesses, trusts, or multiple properties – it is likely that more time (and money) will be required to value and divide those assets. An attorney may recommend hiring other experts, such as an appraiser, which can help the spouses decide whether to sell or split certain real property or assets.

4. Conflict

In general, the more contentious a divorce turns out to be, the higher the attorney’s fees will be as well. Conflict can stem from a refusal to agree on any issues – big or small – or from discovery disputes, which can arise if one spouses doesn’t turn over financial or other information requested. Sometimes, conflict can be worked out between the parties, but sometimes, resolutions require hearings before a judge, mediation, and even trial.

Financial Considerations Moving Forward

It’s important to keep in mind that the “cost” of divorce doesn’t end when the judge signs the divorce decree. One or both spouses will likely need to adjust to supporting themselves, or themselves and minor children, on one income alone, plus any child support or spousal maintenance that was awarded. On the flip side, the spouse who owes the child support and/or spousal maintenance will need to adjust their budget to account for those additional costs.

There is often a lifestyle adjustment that comes after divorce and can take many people by surprise. Plan for this change by budgeting your new expenses and contemplating what is important to you, and your children, if applicable. This might mean downsizing for your new home so that you can afford to keep your children in their favorite extracurricular activities and take them on family vacations. Or, it might mean reeling in discretionary spending so that you can afford your monthly mortgage payment, allowing you to keep your children in the home that they have grown up in and don’t want to leave.

Seeking Legal Guidance

At Kirker Davis LLP, we understand that divorce is a significant expenditure for most couples. We do our very best to limit the costs of each case through the manner we perform our work and with the expert advice we give our clients.

If you have questions or concerns related to any aspect of your potential divorce, don’t hesitate to schedule a consultation with a Texas divorce attorney. The experienced Central Texas divorce attorneys at Kirker Davis LLP are ready to assist you in understanding your eligibility for post-divorce spousal maintenance and ensuring your financial future is protected. Contact us at 512-598-0010 today.

SHARE THIS ARTICLE

Related Articles

#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a family lawyer.

Austin Family Attorneys

Is Divorce Imminent

Download “The 4 Steps In Every Divorce” eBook so you can be better prepared

Download Now

Austin Family Attorneys

Request Consultation

A strategic step towards resolution

Submit a Request
  • Austin Office