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.

In Texas, what many people call “sole custody” is legally referred to as sole managing conservatorship. This means one parent has the primary right to make important decisions about the child’s life, including education, healthcare, and where the child lives but the other parent still has some rights and access to the child. 

If you’re considering this option, it’s important to understand that courts do not grant sole custody lightly. Texas law generally assumes that children benefit from having both parents involved, so the burden is on the requesting parent to show why a different arrangement is necessary.

What Does a Parent Have to Prove?

To obtain sole custody, a parent must show that it is in the best interest of the child. This is the guiding standard in all custody decisions in Texas.

In many cases, this means demonstrating that the other parent is unable to provide a safe, stable, or supportive environment. Courts may consider awarding sole custody in situations involving:

• Domestic violence or abuse
• Substance abuse issues
• Neglect or abandonment
• Serious mental health concerns
• Criminal activity or incarceration

These factors help the court determine whether shared decision-making would place the child at risk or create instability.

What Is the Legal Process?

The process of requesting sole custody typically begins by filing a Suit Affecting the Parent-Child Relationship (SAPCR) or including the request within a divorce case.

From there, the court process may involve:

• Filing a formal petition explaining why sole custody is requested
• Notifying the other parent
• Gathering and presenting evidence
• Attending hearings or mediation
• Receiving a final court order

The court will review all relevant information before making a decision, always focusing on what arrangement best supports the child’s well-being.

What Kind of Evidence Is Needed?

Strong evidence is often essential in sole custody cases. Courts typically look beyond general concerns and require specific, documented proof. This may include:

• Police or medical records
• Testimony from teachers, counselors, or witnesses
• Communication records (texts, emails, etc.)
• Reports from child protective services

The goal is to clearly demonstrate that the child’s safety, health, or development could be negatively affected without sole custody.

Does Sole Custody Mean the Other Parent Has No Rights?

Not necessarily. Even if one parent is granted sole custody, the other parent may still receive visitation rights or limited involvement, depending on the circumstances. In more serious situations, such as when there is a clear danger to the child, the court may restrict or supervise visitation. However, completely denying access is relatively rare and requires strong justification.

Is Sole Custody Hard to Get?

Yes, in many cases it can be challenging. Texas courts typically favor joint managing conservatorship, meaning both parents share responsibilities, unless there is compelling evidence to do otherwise.

This is why preparation, documentation, and a clear understanding of the legal standard are so important when pursuing sole custody.

Final Thoughts

Seeking sole custody is a significant legal step that requires careful consideration and strong supporting evidence. Courts are focused on protecting the child’s best interests, which means every case is evaluated based on its unique facts and circumstances.

If you are considering this path, taking the time to understand the process and your legal options can help you move forward with greater clarity and confidence. Hager Law is here to help you better understand your options. 

The divorce process can feel overwhelming at first, especially if you are unsure what to expect. In Texas, divorce follows a fairly structured legal path, but the details can vary depending on whether both spouses agree or if there are disputes involving children, property, or finances. Understanding the general steps can help you feel more prepared and confident moving forward.

Step 1: Filing the Divorce Petition

The process begins when one spouse files an Original Petition for Divorce with the court. This document outlines basic information about the marriage, the reason for divorce, and initial requests regarding property, custody, or support. To file in Texas, at least one spouse must meet residency requirements, which is generally living in the state for six months and in the county for at least 90 days.

Once the petition is filed, the divorce case is officially opened.

Step 2: Notifying the Other Spouse

After filing, the other spouse must be legally notified of the divorce. This is typically done through formal service of process, though in some cases the spouse may sign a waiver acknowledging receipt of the paperwork. 

The responding spouse then has a limited time, usually about 20 days, to file an answer and participate in the case.

Step 3: Temporary Orders (If Needed)

Divorces can take several months, so courts may issue temporary orders to address important issues while the case is ongoing. These can include arrangements for:

• Child custody and visitation
• Child support or spousal support
• Use of the home or payment of bills
• Use of cars or other personal property

These orders help create stability until a final agreement is reached.

Step 4: The Waiting Period

Texas law requires a mandatory 60-day waiting period after the divorce is filed before it can be finalized. This period gives both parties time to consider their decisions and work toward resolving any outstanding issues. Even in the most straightforward cases, a divorce cannot be completed until this waiting period has passed, except under very limited exceptions..

Step 5: Negotiation, Mediation, or Discovery

During this phase, both spouses work to resolve key issues such as property division, debt allocation, and parenting arrangements. This may involve:

• Informal negotiations between spouses or attorneys
• Mediation with a neutral third party
• Exchange of financial information (often called “discovery”)

Many divorces are resolved during this stage without the need for a trial.

Step 6: Final Agreement or Court Hearing

If both spouses reach an agreement, they can submit a Final Decree of Divorce to the court for approval. In some cases, only a brief final hearing is required. If an agreement cannot be reached, the case may go to court, where a judge will hear evidence and make decisions on unresolved issues.

Step 7: Finalizing the Divorce

The divorce is finalized when the judge signs the final decree. This document legally ends the marriage and outlines all terms, including property division, custody, and support. The entire process may be completed in as little as 60–90 days. More complex or contested divorces can take several months or longer depending on the circumstances.

Final Thoughts

While every situation is different, most divorces follow these same general steps from filing to finalization. The timeline and complexity often depend on how much agreement exists between spouses and whether children or significant assets are involved. Let Hager Law be your support as you walk through the divorce process. 

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.