How much does a divorce cost in Texas?

It depends almost entirely on whether the divorce is contested, and then on whether children and significant assets are involved. Court costs are the small, fixed part. Attorney time is the large, variable part, and it is driven by conflict.

Put in averages, 2025 to 2026 surveys put a typical Texas divorce around $10,000 to $20,000 without children and $15,000 to $30,000 with children, with contested custody cases averaging near $23,500. But averages hide the real story: the couples who agree before hiring attorneys spend a fraction of what couples spend who fight from the first filing.

What are the court filing fees in Texas?

Filing fees are the one truly fixed cost, and they are modest. In Bexar County (San Antonio), filing an Original Petition for Divorce currently runs roughly $350, and $401 when children are involved. Across Texas the range is about $250 to $400, with most counties between $300 and $375.

That single fee bundles several mandatory charges the state and county add on, including court facility, courthouse security, records archive, law library, and dispute resolution fees. A few things worth knowing:

• Counties set their own fees and adjust them. The figure above is current for Bexar County, but confirm the exact amount with the district clerk before you file, since it changes and differs by county.
• Service of process is separate. Formally serving your spouse through a constable or private process server runs about $50 to $100, unless your spouse signs a waiver of service.
• You can ask the court to waive the fee. If you cannot afford it, you can file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145. Courts grant waivers for people on government benefits, below 125 percent of the federal poverty level, or with genuine hardship.

How much do divorce attorneys charge in Texas?

Attorney fees are almost always the largest part of the bill, and how they are structured matters as much as the rate. Texas family-law attorneys generally charge $250 to $500 per hour, higher in the big metros.

There are three common fee structures, and which one applies depends on your case:

• Flat fee for a straightforward uncontested divorce. The attorney charges one set price to draft the agreed decree and handle filing, so you know the cost up front. This is why agreed divorces are so much more predictable.
• Hourly billing against a retainer for contested cases. You pay an upfront retainer, commonly $2,500 to $10,000, into a trust account, and the attorney bills against it as work is done. Every hour spent is billed, which is why conflict is what drives cost.
• Contingency fees are not allowed. Texas prohibits contingency fees (a percentage of the outcome) in divorce cases, so no attorney can take your divorce for a cut of the result.

Estimate your cost by case type

Pick the situation that fits yours to see the typical total range and what sits behind it. This surfaces the survey ranges by scenario; it is not a quote or a prediction of your bill.

What drives the cost of a Texas divorce up?

Cost tracks conflict and complexity. Each of these adds attorney hours, and hours are the bill.

• Contested versus uncontested. By far the largest driver. Every disputed issue adds negotiation, and often temporary orders, discovery, and mediation, before it resolves. If you and your spouse agree on everything, an uncontested divorce in Texas is the cheapest path.
• Children and custody. Contested custody cases are the most expensive in family law. Disputes over conservatorship and possession add hearings, and sometimes a custody evaluation. For how Texas decides these, see child custody and conservatorship in Texas, and for the support number, our Texas child support calculator.
• Property, businesses, and retirement. Dividing a home, a business, or retirement accounts can require appraisals, business valuations, and qualified domestic relations orders. See our guide to Texas community property.
• Spousal maintenance disputes. A fight over post-divorce support adds time and expense. See alimony in Texas.
• An uncooperative spouse or hidden assets. When one party stalls, refuses reasonable offers, or hides income, the other has to spend on forensic accountants and extended discovery to get to the truth.

What other costs should you expect?

Beyond the filing fee and attorney time, a Texas divorce usually carries a handful of smaller costs, and some larger ones in contested cases.

• Mediation. Bexar County, like most Texas counties, generally requires mediation before setting a contested case for trial. Mediators run about $300 to $500 per hour, a session runs several hours, and the total (commonly $1,200 to $4,000) is usually split between the parties. It adds cost up front but often saves far more by avoiding trial.
• Service of process: about $50 to $100 through a constable or private server.
• Certified copies of the final decree: about $5 to $25 each.
• A parenting class is commonly required when minor children are involved, and the requirement and small fee vary by county.
• Experts, in contested cases: a business valuator or forensic accountant can run $5,000 to $25,000 or more, and a custody evaluation adds cost, which is why high-asset and high-conflict cases climb into five and six figures.

How can you reduce the cost of your divorce?

Almost all of the savings come from one place: resolving issues before they become billable fights. As general guidance, not advice on your situation:

1. Reach full agreement before filing. This is the single biggest lever. Couples who agree on property, debt, support, and any custody terms before hiring attorneys spend a fraction of what adversarial couples spend, and it can move you from the contested column to the uncontested one.
2. Use an agreed, flat-fee path when you qualify. If you truly agree on everything, a flat-fee uncontested divorce gives you cost certainty instead of an open-ended hourly meter.
3. Use mediation to close gaps. A single focused mediation session often resolves the one or two sticking points for far less than litigating them.
4. Come organized. Gather tax returns, bank and retirement statements, and property records in one batch. Time your attorney spends chasing documents is billed at the hourly rate.
5. Do it yourself only if the case is genuinely simple. With no children, no real estate, and no retirement accounts, the free Texas-approved forms can work. But a mistake in the paperwork or the decree can cost far more to fix later than an attorney would have cost up front.

Does how long it takes affect the cost?

Yes, because in a contested case time is attorney hours. Texas requires a minimum 60-day waiting period from the date the petition is filed before a divorce can be finalized (Texas Family Code § 6.702), with a narrow exception for documented family violence.

An uncontested divorce often finalizes shortly after that window, in roughly 60 to 90 days, and its cost is largely fixed. A contested divorce commonly takes 6 to 18 months, and the longer it runs, the more hearings, discovery, and negotiation it generates, which is what raises the bill. Before any of this, you also have to meet the residency requirement to file: under § 6.301, the filing spouse must have been a Texas resident for six months and a resident of the filing county for 90 days.

What should you not do when budgeting a divorce?

A few avoidable moves cost people more than they save. As general guidance, not advice on your situation:

• Do not choose a lawyer on price alone. The cheapest option can cost more if the work is rushed or wrong, especially on custody language and property division that are hard to undo after the decree.
• Do not do it yourself on a complex case. With children, a business, or retirement accounts, the cost of fixing a flawed decree usually exceeds what representation would have cost at the start.
• Do not let it drag. In a contested case, delay is money. Prompt, complete disclosures and a willingness to settle the small issues keep the meter down.
• Do not hide assets or play games. It rarely works, and it forces the other side to spend on discovery and forensics, which the court can make you pay for.
• Do not skip the fee-waiver option if you qualify. If money is tight, Rule 145 exists for exactly that reason.