FAQ

Understanding the cost of divorce is one of the first questions most people ask when considering ending a marriage. At Hager Law, we aim to give you clear, practical information so you can plan with confidence, both emotionally and financially.

In Texas, the cost of a divorce varies widely because every case is unique. At the most basic level, if both spouses agree on the major issues, an uncontested or “agreed divorce” typically starts at around $3,500 plus filing fees. This means no arguments or debates on things such as property division, support, and parenting arrangements, and there are no children or significant assets involved. This figure represents attorney fees for drafting and filing paperwork and guiding you through the legal process. 

However, that baseline estimate is only the beginning. If your situation involves children, disagreement over custody or support, complex financial holdings, or one spouse is represented by another attorney, the cost can increase substantially. Divorce that includes disputes over child custody, property division, business interests, or support can quickly escalate. 

Here’s a breakdown of the types of costs you may encounter. 

Court Filing Fees

Every divorce in Texas requires a filing fee to initiate the process with the court. These fees, which go directly to the courts, typically range from about $250 to $350 or more, depending on where the divorce is filed.

Attorney Fees

Most family law attorneys, including ours at Hager Law, work on an hourly basis or require an upfront retainer. These fees cover drafting and reviewing legal documents, negotiations with the other side, and court representation. The more issues that need resolution, such as property division or child custody, the more attorney time is required.

Mediation and Alternative Dispute Resolution

Before going to trial, most couples participate in mediation. A neutral third party helps guide discussions so spouses can reach agreements without the time and expense of a courtroom. Mediation may add several hundred to a few thousand dollars to the total cost, but it often reduces overall expenses compared to a full trial.

Expert Costs and Court-Ordered Services

In contested cases, the court may order evaluations such as custody evaluations, financial appraisals, or parenting classes. These come with their own costs. These are entirely separate from attorney fees and can range from hundreds to thousands of dollars.

Uncontested vs. Contested Divorce

An uncontested divorce (where both parties agree on all terms) is almost always less expensive than a contested divorce (where disputes require hearings or a trial). The more time the case spends in court or in conflict, the higher the cost. 

Managing Costs and Planning Ahead

If cost is a concern, there are ways to manage expenses:

• Compile and organize financial records before meeting with your attorney
• Communicate clearly and concisely with your lawyer
• Consider mediation to resolve disputes outside of court
• Discuss billing practices and fee structures upfront with your attorney

Keep in mind that while affordability is important, the lowest fee should not be the only factor in choosing legal representation. 

At Hager Law, we’ll walk you through the costs specific to your situation and help you understand each component so you know exactly what to expect. Contact us to discuss your case and get personalized guidance.

When parents separate or divorce, one of the most important questions they face is how custody of their children will be arranged. In Texas, child custody is actually a bundle of terms. The first is referred to legally as “conservatorship.” This term describes the rights and responsibilities each parent has when it comes to raising their child, including decisions about education, healthcare, and daily life.

While every family’s situation is different, many custody arrangements follow common patterns designed to support the child’s well-being and maintain meaningful relationships with both parents.

Joint Managing Conservatorship Is Common

In many Texas cases, the law presumes that fit parents be named Joint Managing Conservatorship (JMC). Under this arrangement, both parents share many of the rights and duties related to raising their child. This may include decisions about medical care, schooling, and general welfare.

Joint custody does not necessarily mean the child spends equal time with both parents. Instead, it typically means both parents remain involved in important decisions affecting the child’s life. Often, one parent is designated as the parent with the right to determine the child’s primary residence and enroll the child in school, which provides stability for school and daily routines.

The Standard Possession Order

The second component of custody is possession and access, which determines when and how parents spend time with their children. When parents cannot agree on a schedule, Texas courts often use a framework called the Standard Possession Order. This schedule outlines when the child will spend time with each parent and provides structure for visitation.

A typical Standard Possession Order may include:

• The non-primary parent having the child on the first, third, and fifth weekends of each month
• A visit during the week, often on Thursday night
• Alternating major holidays such as Thanksgiving and halves of Christmas break 
• Extended parenting time during summer vacation

This schedule is designed to give the child regular contact with both parents while maintaining a stable home base.

Customized Parenting Schedules

Although the Standard Possession Order is presumed to be best for your child, it is not the only option. Courts and parents often work together to create custom parenting schedules that better reflect the needs of the child and the family’s circumstances.

For example, some families choose arrangements where parenting time is divided more evenly. Others may adopt schedules that work around school, work commitments, or the distance between parents’ homes. The key goal is always the same: creating a routine that supports the child’s stability and healthy relationships with both parents.

Factors Courts Consider

When determining custody arrangements, Texas courts focus primarily on the best interests of the child. Judges may consider factors such as:

• The child’s age and developmental needs
• Each parent’s ability to provide a safe and stable environment
• The relationship between the child and each parent
• The parents’ ability to communicate and cooperate
• In some cases, the child’s preferences if they are old enough to express them

The purpose of these considerations is to ensure that the custody arrangement supports the child’s emotional, physical, and developmental needs.

Every Family’s Situation Is Unique

Although many custody orders follow similar patterns, no single arrangement works for every family. Parenting schedules can be adjusted to reflect the child’s needs, the parents’ schedules, and other practical factors. When parents are able to cooperate and communicate effectively, custody arrangements can often be tailored in ways that benefit everyone involved.

If you have questions about child custody or need guidance navigating the legal process, Hager Law has family law attorneys who can help you better understand your options and protect your parental rights.

Typically, in order to be named a “sole managing conservator,” there must be a history of domestic violence, child abuse or neglect, substance abuse, illegal drug use, or other criminal or “bad acts” on the part of the other parent which makes limiting that parent’s rights necessary to protect the child’s physical health and emotional well-being.

After signing an engagement agreement and paying your retainer fee, the divorce process involves filing a petition for divorce and negotiating temporary orders to establish rules regarding behavior, finances, and child custody and support during the pendency of the divorce. The next step is “discovery,” to obtain information and documents to establish the value of the marital estate so that it can be divided, to confirm and protect separate property of each party and to prove what type of custody arrangement is in the child’s best interests. The next step is typically “mediation,” and, if necessary, a last trial to establish final orders. Then comes the important step of drafting the final decree of divorce and documents.

The right of first refusal is a clause that states that the custodial parent has to offer parenting time to the noncustodial parent any time the custodial parent cannot watch the children, rather than seeking a babysitter first.

The no shack-up clause basically prohibits a parent from allowing someone they are dating or in a romantic relationship with from staying overnight when the parent has custody of the children.

Every state sets its own calculator for child support payments. Calculation schedules are available on most states’ attorney general websites; however, the court has discretion in the final payment calculation.

Spousal support is typically referred to as payments set by the court in a legal separation or pre-divorce agreement. Spousal support in this reference is not the same as alimony. Alimony is payments set by the court to be made after the divorce is finalized.

If child support payments are adjusted per court order, you need to abide by them. If you disagree with the adjustments, consult one of our attorneys to explore your options.

Yes. You need to adhere to the child support set by the court. If you suspect your former spouse’s income has increased from when the order was originally issued or that they are misusing the support, consult one of our attorneys. Changes to child support payments require a court order, and an attorney can guide you through the steps to make that happen if appropriate.

Legally, fathers should absolutely be treated fairly in court and an attorney can help ensure this is the case.

Recreational drug use is an issue when it affects the welfare of the child.

While it is not a requirement to have an attorney in a CPS investigation, it is certainly advisable.

No, only a court can terminate a parent’s rights. If the other parent fails to pay support, contact one of our attorneys. There are legal procedures in place to address failed support payments, and an attorney can guide you in this process. 

No, only a court can terminate a parent’s rights. If the other parent is not meeting their visitation obligation, contact one of our attorneys. They can advise you on what steps to take in the legal process.

The goal of mediation is to engage a neutral party or “mediator” to facilitate a resolution between spouses in a divorce settlement outside of court. Mediation can address any aspects of a divorce, but is typically used for child custody arrangements and support, as well as marital property division issues. If the parties reach an agreeable solution in mediation, it is presented to the court to finalize legally and issue the divorce decree.