How Much Does a Divorce Cost in Texas?

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

The short answer

Court filing fees in Travis, Williamson, and Hays counties run roughly $300 to $400 for an original divorce petition, plus a service fee if a process server delivers the papers. That is the floor; everything else is attorney time and, in contested cases, experts.

An uncontested divorce — both spouses agree on property, debts, and the children before anyone files — typically costs between $2,500 and $6,000 in attorney fees in Austin, covering the petition, the agreed decree, any QDRO for retirement accounts, and the final prove-up hearing.

A contested divorce — temporary orders, discovery, mediation, and settlement before trial — typically runs $10,000 to $30,000 per spouse in the Austin area. Cases that go to a full trial over custody or significant assets can exceed $50,000, and high-asset cases with business valuations and forensic accounting can go well beyond that. These are typical Central Texas ranges from Eric's experience; your case may land outside them.

What actually drives the cost

Disagreement. Every issue the spouses cannot settle becomes a hearing, a round of discovery, or a trial day, and each of those is billed time. Two people who agree on the house and the schedule can be divorced for a fraction of what two people who agree on nothing will pay.

Children. Custody disputes add temporary orders hearings, sometimes a custody evaluation by a mental health professional ($3,000 to $10,000 or more), and occasionally an amicus attorney for the children. Child custody is the most expensive issue to litigate because it is the most fact-intensive.

Complex assets. A business, stock options, multiple properties, or separate-property claims that need tracing bring in appraisers, business valuators, and forensic accountants. A high-net-worth divorce is expensive because the experts are expensive, not because the law is different.

Conduct. A spouse who hides assets, ignores discovery, or violates temporary orders forces motions to compel and enforcement hearings. The court can shift those fees to the party causing them, but the money is spent first.

How attorneys bill in Texas

Most Texas family law attorneys bill hourly against a retainer. Austin rates for experienced family lawyers generally fall between $300 and $500 an hour, with paralegal time billed at a lower rate. The retainer is a deposit, not a flat fee; it is drawn down as work is done and replenished if the case continues.

Some attorneys offer flat fees for truly uncontested divorces. Be clear about what the flat fee covers: if a dispute appears after filing, the case usually converts to hourly billing.

Eric tells every client at the consultation what the case should realistically cost given the facts, then works to keep it under that number. If something changes — the other side hires an aggressive lawyer, a hidden account surfaces — he tells you how the estimate changes before the money is spent.

Who pays: can the court make my spouse cover my fees?

Yes, in some cases. Texas courts can order one spouse to pay the other's attorney fees as part of a just-and-right property division, or as a sanction for bad-faith conduct. When one spouse controls most of the income, the court can also order interim attorney fees in temporary orders so the other spouse can afford a lawyer.

It is not automatic, and it is not a reason to litigate carelessly. The money comes out of the same marital estate either way. But a spouse who cannot afford counsel should raise it at the temporary orders stage, not after the case is over.

Five ways to keep the cost down

Agree on what you can before filing. Every issue settled at the kitchen table is an issue not litigated. Even partial agreement — the house but not the schedule — narrows the case.

Gather your own documents. Bank statements, tax returns, pay stubs, retirement statements, mortgage and title documents. Every hour your attorney spends chasing paperwork is an hour billed.

Use mediation early. Travis, Williamson, and Hays counties all require it before trial; using it before the case has hardened settles more and costs less. A half-day session with a good mediator typically runs $1,500 to $3,000 split between the parties.

Communicate efficiently. One organized email a week beats daily calls. Ask your attorney how they prefer to receive questions.

Be honest with your lawyer and the court. Hidden accounts and shaded facts always surface and always cost more to fix than to disclose.

Related reading

How long the process takes is the other half of the planning question: How long does a divorce take in Texas. For an overview of the process itself, see Austin divorce lawyer, and for an agreed case, uncontested and collaborative divorce.

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