If my wife filed for divorce, do I have to pay? This is a common question for men who find themselves on the receiving end of divorce papers. Understanding your financial obligations is crucial to setting expectations as you begin the often complex and emotionally draining divorce process.

The Larson Law Office can provide the guidance and support you need during this challenging time. Our attorneys, Erik and Diana Larson, have years of experience in family law, protecting our clients’ rights and interests. We can help you navigate the divorce process through personalized, honest legal advice as we work toward a fair settlement or, if necessary, represent you in court. Contact us to discuss your options and read on to learn the answer to the question, If my wife filed for divorce, do I have to pay?

Costs Associated with Divorce

Divorce can be expensive, but few people know precisely what those costs involve. Divorce often involves the following:

Filing fees—you must pay the court fees to begin the divorce process;
Attorney’s fees—fees you pay your lawyer for their work;
Court costs—you will likely need to pay costs related to specific court hearings and aspects of the legal process, like deposing witnesses;
Expert fees—you might have to pay the costs related to hiring experts, like financial advisors or child custody evaluators; and
Mediation fees—fees you pay for a mediator’s services if you attend mediation.

Depending on the specifics of your relationship and divorce case, you may need to cover other costs. For example, if you and your spouse own real estate, you may pay appraisal costs and fees for preparing documents like deeds and abstracts of title.

Who Typically Pays for Divorce Costs in Texas?

You usually cover the costs of actions you take and services you hire in a divorce—not fees for services your spouse receives. So, the spouse who files for divorce typically pays the initial filing fees, and each spouse pays their own attorney fees, and so on. However, exceptions exist, particularly when the spouses share costs or one spouse requests the court shift costs.

Shared Costs

Most property either spouse acquired during the marriage is community property, which is subject to division upon divorce. Dividing assets may involve significant legal costs, especially when evaluating what different assets are worth. Depending on the situation, spouses may want to rely on one expert’s opinion on the property’s value, or they may want their own separate appraisal.
Spouses who can cooperate may negotiate an agreement to split and share court costs. If they provide the details to the court, the judge can issue an order making the agreement legally enforceable. In that agreement, you can, for example, agree to cover certain costs using your shared community property.

Shifting Costs

During the divorce process, one spouse may ask the court to issue temporary orders requiring the other spouse to cover specific costs, like attorney fees or living expenses. The court is usually more likely to grant those requests when one spouse is financially dependent on the other.

Under Texas law, the courts have broad discretion to allocate divorce costs. In some cases, the court may order one spouse to pay some—or all—of the expenses incurred by the other if reallocating costs is fair and just under the circumstances.

To decide what is fair and just, the court considers factors like:

Disparity in income and financial resources between spouses;
Fault or misconduct in the divorce, particularly if one spouse’s actions have unnecessarily increased costs; and
The complexity of the case, especially when one spouse makes the case more complicated by not cooperating.

Ultimately, the court attempts to ensure the spouses stand on relatively equal footing in the divorce process.

If your spouse requests a protective order as part of the proceedings, the court may order you to pay the court fees and attorney-related costs associated with the protective order. A court is particularly likely to shift costs if it concludes you engaged in family violence or other abusive behavior justifying the protective order.

If My Wife Filed for Divorce, Do I Have to Pay in Texas?

You may have to pay for certain expenses associated with the divorce, even if your wife initiated the proceedings. You usually cover costs related to services you receive, while your wife covers her costs. However, the court may order you to cover some or all of her expenses, particularly if any of the following apply:

You have significantly more resources,
You have a significantly higher earning capacity,
The court concludes you misused shared property, or
If the court grants a protective order against you.

If any of the above apply, the judge may order you to pay some or all of your spouse’s fees.

Get Help from an Experienced Family Lawyer

Speak with an experienced family law attorney to understand the possibilities in your unique circumstances. The Larson Law Office offers tailored legal advice to guide you through the divorce process. Our attorneys, Erik and Diana Larson, have years of experience protecting clients’ rights and interests. Contact us today to schedule a free consultation.

Resources:

Texas Family Code § 6.003, link.

Texas Family Code § 7.006, link.

Texas Family Code § 81.001, link.

Texas Family Code § 81.002, link.

Texas Law Help, Protective Orders in Texas, link.

Who Pays for Divorce in Texas? Legal Insights When Your Wife Is the Petitioner