Nobody budgets for a divorce. The good news is that Texas law does not require the spouse with less access to money to litigate at a disadvantage — courts have several tools to shift fees, both during the case and at the end of it.
The General Rule
Section 6.708 provides that the court may award costs to a party as it considers reasonable, and subsection (c) authorizes an award of reasonable attorney’s fees and expenses. The court may order the fees, expenses, and any postjudgment interest paid directly to the attorney, who may enforce the order in the attorney’s own name by any means available to enforce a judgment for debt. The statute also taxes the expenses of counseling as costs, and it bars adjudging costs against a spouse against whom a divorce is granted for confinement in a mental hospital under § 6.007. Fee awards are discretionary and are commonly folded into the overall just and right division rather than granted as a standalone judgment.
Interim Fees
Waiting until the end of the case is often too late. At a temporary orders hearing under § 6.502, the court can order one spouse to pay interim attorney’s fees and expert costs so both sides can participate meaningfully. This matters most where one spouse controls the income or the business and the other has been out of the workforce.
What Persuades a Court to Shift Fees
- A significant disparity in access to funds or earning capacity;
- Conduct that ran up the cost — discovery abuse, missed deadlines, frivolous filings, failure to comply with orders;
- Fault in the breakup, in the overall equitable calculus;
- Hiding assets or fraud on the community;
- Success on an enforcement action after the decree.
Fees in Post-Decree Cases
Section 9.014 allows the court to award reasonable attorney’s fees in a suit to enforce a decree. Fee shifting is a real deterrent in the post-decree world: a former spouse who ignores a clear obligation can end up paying for both lawyers.
Proving Fees
Texas requires evidence, not estimates. A fee claim is supported by testimony and records establishing the work performed, who performed it, the time spent, and the reasonableness of the hourly rate for the locality — the lodestar framework.
Controlling Your Own Costs
The largest driver of cost in a divorce is conflict, not complexity. Practical steps: respond to discovery on time and completely, gather your own documents rather than paying a paralegal to chase them, take small decisions off the lawyer’s desk, use mediation seriously the first time, and decide early which issues are actually worth fighting over.
Frequently Asked Questions
Can I make my spouse pay my attorney’s fees?
Sometimes. Section 6.708 allows the court to award reasonable attorney’s fees and costs, and courts often consider disparity in resources and litigation conduct.
Can I get fees ordered before the case is over?
Yes. Courts can order interim attorney’s fees and expert costs at a temporary orders hearing so both spouses can participate on fair footing.
Are fees recoverable if I have to enforce the decree?
Often. Section 9.014 permits an award of reasonable attorney’s fees in a suit to enforce a divorce decree.
Texas Statutes Referenced
- § 6.708 — Costs; Attorney’s Fees and Expenses
- § 6.502 — Temporary Injunction and Other Temporary Orders
- § 7.001 — General Rule of Property Division
- § 9.014 — Attorney’s Fees, Court Costs, and Expenses
Related Pages
Talk With a Texas Divorce Attorney
Worried you cannot afford to fight? Ask us about interim fees at the first hearing. Call 713-955-6182 or contact The De Leon Law Firm.