When discussing who is responsible for paying for a divorce, this typically refers to legal fees. Working with experienced Frisco divorce attorneys can make the difference between walking away with a fair share of what you’re entitled to or facing an unfair outcome. You may want to know if you will be responsible for paying just your fees, both, or neither. Generally speaking, each party is responsible for its own legal fees. However, there are a few considerations regarding how this may look.
How does a no-fault or at-fault divorce affect who may pay?
Texas is considered a ‘no-fault’ state in terms of divorce, which simply means that you may request a divorce because the marriage is irretrievably broken. When you file on the grounds of ‘no-fault’, this often puts you and your spouse on a level playing field in terms of marital behavior, often meaning you will cover your own costs.
If you have evidence that your spouse has behaved in a way that betrays your marriage, you may qualify for an ‘at-fault’ divorce. This means you are requesting divorce on the grounds of your spouse’s infidelity, abandonment, or cruel treatment.
Establishing divorce fault doesn’t automatically mean your spouse will award legal fees. However, Texas judges may consider fault when dividing marital property or awarding fees, especially if your spouse’s conduct caused financial harm, like spending marital funds on an affair. For example, if they spent large sums of money on hotel rooms or gifts during an affair, these factors may be considered regarding responsibility for the costs of divorce.
If my spouse doesn’t pay my fees, I can’t afford an attorney
Situations of extreme financial discrepancy may impact who pays attorney fees in a divorce. In situations of relative financial equality, one might expect each party to cover their own costs. In some situations, financial resources are far less equitable. One party may invest domestic and emotional labor into the family while the other contributes financially. In these circumstances, the at-home partner may be entirely unable to afford legal fees.
In Texas family law, courts may require higher-earning spouses to pay the legal fees for both parties in cases of significant financial disparity. If you are adamant that your spouse cover your legal expenses, you may work with your divorce lawyer to ensure they include this request when you file the initial paperwork for divorce.
When dealing with significant financial inequity, you may also be addressing spousal or child support, though attorney’s fees are decided separately and based on what the court considers fair. While many of these issues are addressed separately, you should notify your attorney of your goals to ensure they can advocate for the most appropriate fee award, in addition to spousal or child support orders.
Community property laws in Texas may affect how you pay for divorce
Texas is a community property state, which means that most property, assets, and debts acquired during the marriage are considered jointly owned by both spouses. Typical guidelines, as outlined in the Texas Family Code, dictate that the property should be divided in a manner that is just and right. Since the costs of your divorce are typically incurred before the final decree, these may also end up divided along with the rest of your debts and assets.
Many people believe the idea of ‘just and fair’ means things are split 50/50, but the goal is to divide them in a way that allows each party to leave the marriage in a similar financial situation. This division of marital assets is where one or both parties may assume some of those costs unless one person is directly ordered to pay.
For example, if your divorce costs $10,000, the court may treat that amount as a shared expense, either paying it from community property or dividing it as marital debt. In either case, both spouses would likely share the financial burden, reducing the assets available to divide.
When a judge determines who pays fees
The judge may require one party to pay the fees during divorce proceedings. This might mean they pay the costs directly to the lawyer, the court, the mediator, or other providers. However, the cost of the divorce may also be factored into the overall debt to be paid after the sale of assets, or it may simply require that they reimburse the other person for the cost of their fees.
Navigate Your Divorce With an Experienced Divorce Attorney
Ultimately, we cannot promise to obtain a certain result, whether that is to avoid paying your spouse’s legal fees or awarding the expenses to them. While that decision is often in the hands of the judge, Albin Oldner Law has a team of experienced divorce attorneys ready to help you make informed decisions and negotiate a favorable agreement.
Our firm offers case consultations to discuss your case and help you make an informed decision about your legal representation. You can call us at (214) 423-5100 or contact us online to start scheduling. A divorce case can be messy and complicated, but we are here to advocate for you, helping you move forward on a solid legal and financial footing..
