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Frequently Asked Questions
How much does a divorce cost in Texas?
The cost will vary based on the complexity of the case and the level of antagonism between the parties. The reason for this is that in Texas, a family law attorney will bill based on an hourly rate. The hourly rate is typically based on the expertise of the attorney and the issues that will be presented to the court. Most law firms also charge a lower hourly rate for legal assistants and associates which may factor into the billing. Because of the billing method, if two parties are extremely acrimonious, more time may be involved in court appearances, discovery disputes and responding to complaints from the other attorney concerning client conduct. In more complex cases, third party expenses may be incurred such as real estate appraisers, psychologists, business evaluation experts and other expert witnesses which may result in a higher cost for your divorce. When deciding on an attorney or law firm to hire for your divorce, ask the attorney what his hourly rate is, what is the hourly rate of any other staff persons and the time increment usually billed. The time increment is the amount of time making up each billing unit. Most attorneys bill in quarter hour increments. Also ask the likelihood of other attorneys in the office working on the file and whether any outside sources will be needed such as accountants, or appraisers. With this information you can gauge how much it will ultimately cost to get a divorce.
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How long does it take to get a divorce in Texas?
The same procedural rules in civil litigation apply to family law litigation in Texas. This means that once a divorce suit is filed the opposing party will have approximately 20 to 27 days to file a response. In most cases a party will request temporary orders or a temporary injunction. A hearing regarding temporary issues typically will occur within 14 days of the filing of a Motion. Other deadlines that impact the time frame for obtaining divorce are the statutory waiting period and discovery deadlines. In Texas there is a 60 day statutory waiting period from the time the divorce is filed to the earliest date that you may finalize the case. Typically, temporary orders are in place for that period of time or until such time as the divorce is finalized. Discovery deadlines also impact the time to finalize a case. A party typically will have at least 30 days to respond to discovery requests. Typical requests include a request to review documents, a request for disclosure of witnesses and facts, and interrogatories. Finally, assuming discovery is completed, procedurally there is a 45 day notice requirement for a first trial setting. With all of the procedural delays built into the process, if a Divorce is not settled without trial the average length a case is pending is typically 6 to 12 months.
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Do I have to go to mediation in Texas?
Yes. If your case is not resolved prior to trial, the Courts will typically order your case to mediation before they will set a trial date. Other methods of alternative dispute resolution include arbitration or summary trials. The practice of almost every family law court is to send a case to mediation. If the parties cannot agree on a mediator, the court will select a mediator to preside at the mediation.
If you have any other questions or need additional information, please call 972-529-5554 to schedule an appointment.
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