The Judge Will Decide

One of the many questions that typically comes up in the first session with our clients is “Who pay fees in a divorce”? Well, in Texas, there is a hard fast way to classify and disperse any assets or debt; and that’s equally. Your Judge decides everyone’s divorce on a case by case basis. Therefore, who pays the attorney’s fees in the divorce (debt), along with your substantial assets will be decided by the Judge. Generally speaking however, in Texas, each spouse is required to pay their own attorney fees in a divorce. Alternatively, the fees can also be presented at the end of the case and (again) your Judge will decide.

What Could The Judge Decide?

There are a number of factors that could influence what the Judge’s decides. For example, the Judge will take each parties financial income into account. Based on that, they may decide to allocate each person a “reasonable” fee. This could divert the percentage from the standard 50/50 split to 60/40 or even 100/0 depending on the situation. What if one party cannot afford to pay the attorney? The Judge could also decide to approve temporary fees if the person files a motion for “Interim Attorney Fees”. Lastly, do not misappropriate, hide your assets or even file court requested documents late. This too, could negatively impact the amount of attorney’s fees you end up paying.

What About Adultery or Violence?

Keep in mind what transpired before the court proceedings can also have a huge effect. What if one party in the marriage exhibited bad behavior or committed adultery? Adultery is the complete opposite of what a marriage should be and the Judge can weigh that as a factor. While there’s no one-size-fits-all solution, the Judge will attempt to be fair and take all things into consideration. We don’t take violence lightly and encourage you to mention this early on. At Sanchez and Wood, we can even ask the Judge to consider fee-shifting, especially when family violence has occurred.

Expert Legal Counsel

Wood | Sanchez Law offers expert divorce legal counsel, division and asset guidance and mediation services. Reach out to us on our website, DM or call us today at 888-981-7509. Our team is a respected, highly skilled group of people who are leaders in their fields. We’ll be your ally and work with the court on finding a fair solution for the payment of all your legal fees.