Divorce cases in Texas often raise questions about who is responsible for paying legal fees. The answer varies depending on the circumstances of each case, as Texas courts have significant discretion in determining fee allocation. Below is an overview of how legal fees are handled in Texas family law divorce cases.
General Rule: Each Party Pays Their Own Fees
In most divorce cases, each spouse is responsible for their own attorney’s fees and associated costs. This includes filing fees, legal fees, court costs, and any expert fees incurred during the process. These fees are permitted to be paid from the parties community funds. Community funds are any funds acquired by the parties during the marriage that do not constitute either spouse’s separate property. However, either spouse can request that the court shift the costs associated with their divorce to the other party.
Factors Influencing Fee Allocation
Texas follows a community property system, meaning assets and debts acquired during the marriage are subject to division based on what is “just and right.” Courts consider several factors when deciding whether one spouse should pay the other’s legal fees:
- Income Disparity: If one spouse earns significantly more than the other, the court may order them to cover part or all of the other spouse’s attorney fees to ensure equitable access to legal representation.
- Control of Assets: When one spouse has control over marital assets, they may be required to pay the other party’s legal fees or allow the other party access to the marital assets to pay for their own legal fees.
- Misconduct: If one spouse engages in behavior that unnecessarily increases legal costs—such as hiding assets or refusing to comply with discovery—the court may shift attorney fees as a penalty.
- Protective Orders: In cases involving family violence or abuse, courts may require the offending spouse to pay legal fees related to protective orders.
Temporary Orders
During divorce proceedings, either party can request temporary orders. These orders may require one spouse to pay interim attorney fees for the other if financial hardship is demonstrated. This ensures that both parties can afford representation during the divorce process.
Requesting Fee Shifting
To request that your spouse pay your attorney fees, you must include this demand in your original petition for divorce. Additionally, filing a motion for temporary orders early in the case can help secure interim financial relief for legal expenses.
Conclusion
While the general rule in Texas is that each party pays their own legal fees, courts have broad discretion to reallocate costs based on fairness and financial circumstances. Factors such as income disparity, control of assets, and misconduct can influence whether one spouse is ordered to cover the other’s attorney fees. If you believe you may qualify for fee shifting, consult with an experienced family law attorney to explore your options and ensure your request is properly included in court filings. The attorneys at Grinke Stewart Law are here to help you. Give us a call at (469) 598-2001.
