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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Attorney's Fees in Texas Divorces in Texas

ATTORNEYS IN DALLAS

In Texas, each party is usually responsible for their own attorney's fees, but the Court can award interim attorneys fees or fees for egregious behavior.

Attorney's Fees in Texas Divorces

The decision to terminate a marriage can cause not only emotional turmoil but also financial difficulties. For instance, some individuals may hesitate to pursue a divorce or retain an attorney due to concerns about high legal fees. However, in Texas dissolution cases, the court has the power to award attorney's fees to one party to alleviate the financial burden of the divorce proceedings. If you or your spouse are contemplating ending your marriage and are worried about the expense of litigation, it is advisable to seek legal advice to explore your options.

How Texas Courts Treat Property in Divorce Actions

According to the Texas Family Code, any property obtained by either spouse during the marriage is considered community property unless it is classified as separate property or falls under one of the specified exceptions to the community-property rule. The Code also states that community property can be divided in a way that the court deems just and fair. The courts usually refrain from making property distributions until the divorce is finalized, and they take various factors, such as attorney's fees, into account when making decisions about the distribution of community property.

Texas Divorce Attorney Fees

According to the Code, the courts have the authority to award reasonable attorney's fees and expenses to a party involved in a divorce proceeding. In addition, the court can order the party responsible for paying these fees to directly pay the attorney. This helps to avoid the other party attempting to collect fees before paying them to their attorney. Notably, parties must request attorney's fees in their original pleading in the divorce action to avoid waiving their right to recover them.

Parties can also request interim attorney's fees, which are fees paid during the divorce proceeding instead of after the divorce is final, via a motion for a temporary order. The court may grant the motion if it deems it necessary and equitable.

When determining whether to award attorney's fees, the court considers the financial resources of both parties, including their income and earning potential. The court may typically award attorney's fees in cases where one spouse earns significantly more money than the other. However, the court may award attorney's fees for other reasons, such as bad faith conduct, including non-compliance with discovery requests, incomplete disclosure of assets or debts, failure to abide by court orders, or attempts to hide or deplete community assets.

Speak with an Experienced Divorce Attorney

In the event of an amicable divorce, it is still recommended that the parties seek competent legal representation to protect their interests. The attorneys at Wilson Whitaker Rynell will fight to protect your interests and pursue a just outcome in divorce proceedings. Our firm has experience representing clients in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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