Attorney Retainers and Divorce Costs

As attorneys, one question we're often asked is, "How much is my divorce going to cost me?" While there's no "one-stop-shop" answer to that, we'd be lying if we didn't acknowledge that getting divorced can be expensive. The exact amount will depend on a myriad of factors, including how much property you have, if children are involved, and whether or not you have a valid prenuptial agreement.

The Type of Divorce Matters

In the world of marital dissolution, not all divorces are created equal. The easiest way to crunch numbers is to avoid traditional litigation altogether. Without any bells and whistles and assuming you and your spouse are uncontested on the terms, the bare-bones cost to file a petition of divorce in Texas is about $300. However, while these options might sound tempting, we highly recommend against any kind of D.I.Y. arrangement. When flying solo in the legal arena, it's extremely easy to accidentally give up essential rights.

Mediation

Another inexpensive option is mediation. Here, a licensed, third-party mediator sits down with the couple to help reach an agreement through respectful negotiations. Rates for mediators vary, but usually range between $100-$300 per hour, and can be done with or without an attorney present. Furthermore, everything said during mediation is confidential.

Collaborative Divorce

Collaborative divorce is like the more sophisticated older sister of mediation. While similar in format, unlike mediation, the Texas Family Code requires that attorneys be present for both sides in a collaborative divorce. Because it's hourly, there's no guarantee collaboration will be cheaper than litigation. However, for couples who don't waste time and make the most out of sessions, it can be.

Retainers and Hourly Fees

If an agreement can't be reached outside of court, the only real option you have left is a formal trial. Once hired, almost all attorneys will require you to pay a retainer. A retainer is like a savings account, which is used to pay your attorney and other divorce-related costs as they arise. Retainers can be anywhere from $2,500-$15,000. On average, the rate for a quality divorce attorney is about $300 an hour, though it can be lower or higher depending on experience and skill level.

In addition to paying your attorney's billable hours, retainers also cover a myriad of other litigation costs including: discovery, filing fees, housekeeping items, expert witnesses, and documents to prove fault-based claims. A silver lining to the retainer system is that once the dust settles, any funds left over in your account are returned to you.

Divorce Attorneys in Texas

The financial strain of divorce can be extremely stressful. At North Texas Family Lawyers, we understand and sympathize with these concerns, and are committed to working with you to find a solution that fits your needs. If you have further questions about the potential cost of your divorce, don't hesitate to call us at (972) 436-8000, or schedule a consultation online, to see how we can help.