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If I file for the divorce how much will it cost me and would I have to pay for the full cost?

Conroe, TX |
Filed under: Divorce

I would like to know how much it would cost and if I have to pay or if my husband has to pay?

Attorney Answers 2


Filing for divorce itself usually runs between $240 and about $300, depending upon the county in which the divorce is being filed and what all is required at the time of filing (some counties have different fees for whether there are children or whether you have to file electronically). That is before paying a process server or constable to serve your husband, if service is necessary (he may be willing to sign a waiver of service so that you don't have to pay to have him formally served). Depending on your financial circumstances, you may be able to qualify for a waiver of fees; if not, then, as the Petitioner (the one filing the divorce), it would be your responsibility to pay the filing fee up-front (though these costs could potentially be reallocated later during your divorce).

If you're asking about the attorney's fees you might incur...the total cost of a divorce with attorney's fees depends on many factors, none of which has been outlined in your question. It depends on the facts of your case (since those dictate what steps must be taken in your case) and on your attorney's billing rate/fee structure (some attorneys bill by the hour, which could be anywhere from under $200/hour to well over $400/hour, with certain amounts paid in advance, others charge a flat-rate for a specific type of case, and others have different structures altogether). If you and your spouse are able to agree to everything up-front, then the divorce should be much cheaper than if you have children and/or significant property about which there are disagreements requiring discovery, mediation(s), temporary orders, the appointment of another attorney to look out for the child's best interest, and/or trial, along with many other possible variables. Whether your husband might be ordered to help pay for your legal fees is also totally dependent on the facts of your case, including each spouse's respective income and life situation.

I strongly encourage you to consult with a family law attorney in your area; many of us offer free consultations to assess the facts of your case, to give you an idea of what your case would cost, and to outline a case strategy.

The foregoing comments do not establish an attorney-client relationship and only reflect the opinion of the author, who does not have the benefit of a full understanding of your specific circumstances; they do not constitute specific legal advice. If you have a legal issue, it is best to consult with a reputable attorney in your area.

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In Montgomery County, the filing fee for a divorce is $268. That does not include the cost to have your husband served. That fee is initially paid by whomever files the petition. Ultimately, the court will decide who has to pay it. If you and your husband ultimately agree on the terms of your divorce, you can decide who pays it.

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