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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