Attorney's Fees in Texas Divorces

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.