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Specialty tag(s): Divorce, Pre-Divorce Guidance

Who Pays the Attorney Fees in a Divorce in Texas?

Andrew Tisdale | March 20, 2025

Who pays for a divorce? This is one of the most common questions from divorcing couples, and the short answer is that it depends. Even though each spouse is generally responsible for covering their own legal fees, factors such as the spouses’ financial situations, the circumstances of the divorce, and even the spouses’ behavior throughout the proceedings can all play a role. To best understand who pays for divorce fees, it helps to explore how the responsibility is assigned in different scenarios.

Who Pays for a No-Fault Divorce?

Local laws regarding fault and no-fault divorces can have an effect on who pays attorney fees in a divorce. Texas, for example, is a no-fault divorce state, meaning that couples do not need to prove any wrongdoing to end a marriage. Both parties typically pay for their own legal fees in no-fault cases, since no one is assigned blame for the divorce. However, special circumstances, such as a significant financial disparity between the spouses, can affect who pays attorney fees in a divorce.

Splitting the Costs: Community Property and Legal Fees

In addition to having no-fault laws, Texas is also a community property state. Under community property laws, all assets and certain debts (subject to third party contract rights of creditors), acquired during the marriage, with a few exceptions, belong equally to both parties until the divorce is finalized. It’s possible for legal fees to be factored into a couple’s community property debt if the court finds it fair to do so, which can impact who pays for the divorce when the property is divided.

Texas courts strive to make property divisions fair, which means who pays for the divorce lawyer can change based on individual circumstances. If your legal fees are added to the community property, the court may find it fair to have each spouse pay their own legal fees, or they may decide that it’s fair to have one spouse cover all of the attorney fees if that spouse earns substantially more income.

Examples of When One Spouse Might Pay the Other’s Fees

Divorcing couples are responsible for covering their own legal fees in most situations. However, there are specific scenarios that can affect who pays for lawyers in a divorce:

• Stay-at-Home Parents or Lower-Earning Spouse: If one spouse’s income is much lower (or they have no income at all), the court may order the higher-earning spouse to pay all of the attorneys’ fees so both parties can have fair legal representation.
• Misconduct in the Process: Bad-faith actions, such as refusing to attend mediation, ignoring court orders, hiding financial documents, or wasting community assets, can shift fee payment responsibility to the spouse causing unnecessary delays.
• Fault-Based Grounds: Even though Texas doesn’t require fault to grant a divorce, proof of adultery or abuse can sometimes influence a judge’s decision on who pays for a divorce lawyer.

Can You Request Attorney Fees Be Covered by Your Spouse?

Yes, but you cannot request it at any time during a divorce in Texas: If you believe your spouse should be responsible for your attorney fees, your lawyer must request it in your initial divorce petition. A judge will only consider the request if it is made at the onset of the divorce.

Depending on the situation, you can also ask the court to have your spouse cover the cost of a divorce lawyer while the case is ongoing. This helps you avoid going into debt before the divorce is finalized.

Tips to Keep Divorce Costs Manageable

1. Prepare Financial Documents Early: Gather bank statements, deeds, retirement account summaries, and tax returns. Disclosing all relevant information early avoids costly disputes over hidden or missing records.
2. Consider Mediation: A negotiated settlement can help reduce expenses. Although it doesn’t guarantee an even split of attorney fees, it can shorten the legal process.
3. Communicate Respectfully: Hostility tends to prolong litigation and drive up costs. Keeping things civil may spare you and your spouse from additional financial strain.

Contact Goranson Bain Ausley Today

Every divorce has unique circumstances, and legal costs can vary dramatically. If you have further questions about who pays for a lawyer in a divorce, contact us today to schedule a consultation and learn more.