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Approx. cost of divorce?

Houston, TX |

My husband and I have been separated since 2004. We have no property together. Both of our children are grown ages 20 and 24. My question is what type of cost am I looking at to file a divorce? and would it be easier to file a do it yourself divorce? I just want to get this underway but dont which filing would be best...

Attorney Answers 4


  1. I am sorry that you are going through this. If you and your husband can agree to everything then the cost of the divorce can be as inexpensive as the filing fee,which will be listed on your local courts web site or you may call the clerks office in the am. If there are minor disagreements and you would like to divide retirmenet assets via a QDRO for tax purposes that is a cost, many times you could use a mediator to keep the costs down or one attorney to handle the whole process. So the answer is anywhere from a few hundred to a few thousand. Take care and hope that things get better.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. I would not advise buying a "do it yourself divorce kit". Just this week I was hired to fix a case just like your case. As far as cost, prices seem to vary greatly for an uncontested case with no property/children. You can actually find a lawyer for pretty cheap, but I believe you get what you pay for. I have seen prices advertised at $200.00 and have heard of lawyers charging $3,000.00.


  3. Plenty of attorney's charge a flat rate (ie: $1000) if it is uncontested. If the case becomes contested then they require an additional retainer.

    I practice family law in Harris County and nearby counties.

    LEGAL DISCLAIMER:

    Mr. Dick is licensed to practice law in Texas and office located in Harris County. His phone number is 832-207-2007 or 713-510-4500 or his email address is listed below.

    Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.

    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

    eric@dicklawfirm.com
    www.dicklawfirm.com

    I offer free consultations and am quite familiar with family judges in Harris County and nearby counties. LEGAL DISCLAIMER: Mr. Dick is licensed to practice law in Texas and office located in Harris County. His phone number is 832-207-2007 or 713-510-4500 or his email address is listed below. Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. eric@dicklawfirm.com www.dicklawfirm.com


  4. Oh boy, that is a loaded question! You used an interesting phrase: "We have no property together." Well, it depends on what you mean by that. Did you mean: all property is in either my name or his name? Then you do have community property. The name the property is titled in is not controlling. So, for example, if your spouse has a $400,000 401K with his company, its community. You are entitled to your share. Same is true for cars, boats, real estate, stock options, company stock and so on. Generally we find that when parties have proceeded without lawyers, one party usually has an advantage over the other in terms of knowledge, or sometimes sheer force of personality. How do we lawyers know this? Because people who "do it themselves" often end up in our office later to straighten out the problems that have been caused by not hiring an attorney. And it is much harder to straighten things out later than to do it right the first time.
    You may want to buy an hour of a divorce specialists time before you decide how to proceed. If you are skeptical about what that attorney has to say, consult with a second attorney-- its worth the cost to make sure your rights are going to be protected.
    People think that because there are forms here and there on-line, or because a friend of theirs did it themselves, it's easy. It isn't. Every lawyer in Texas gets a four year degree, and then attends law school for three years. Every Board Certified family Lawyer in Texas has to additionally practice primarily in the area of family law for years, then take an extremely difficult specialization exam, and meet continuing legal education requirements in the field after that. You don't have that kind of time to devote to getting up to speed on all the potential issues. A Board Certified Family Lawyer is already there.

    The above is provided as general information only and is not intended as legal advice or to create an attorney-client relationship.

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