Who ends up footing the legal bill in a contested divorce in Texas? It’s a question that weighs heavily on many people as they prepare for one of the most emotionally and financially draining chapters of their life. When the divorce involves heated custody disputes or significant assets, legal fees can spiral far beyond that.
This financial pressure often prompts an urgent concern: Can my spouse be ordered to pay my attorney fees—or will I have to carry the entire burden alone?
At Daniel Ogbeide Law, we understand how critical this question is for people going through a contested divorce. As experienced legal professionals, we focus on protecting our clients’ rights, finances, and futures. Whether you need a common law divorce lawyer in Houston or a contested divorce attorney for a more complex case, we’re here to help you understand what you’re up against and how to prepare.
In this blog, we’ll look closely at how attorney fees are handled in a contested divorce in Texas, when one party might be required to cover the other’s costs, and what factors influence the court’s decisions.
How Texas Handles Legal Fees in Divorce Cases
Texas follows the “American Rule,” which generally requires each party to pay their own attorney fees. However, family courts can order one party to pay some or all of the other party’s legal expenses under certain conditions.
This is not automatic. The court must be convinced that requiring one party to pay the other’s fees is fair and reasonable based on the circumstances.
Situations Where One Party May Be Ordered to Pay Legal Fees
Judges have broad discretion when deciding whether to allocate attorney fees from one party to another. Below are some of the main reasons the court may order such payment:
1. Unequal Financial Resources
If one spouse earns significantly more than the other or controls most of the marital finances, the court may find it unfair to expect both sides to equally fund their legal battles.
The court may consider:
- Each party’s income and earning capacity
- Access to liquid assets or bank accounts
- Property ownership and control
- Debt obligations
2. Bad Faith or Frivolous Conduct
If a spouse acts in bad faith—by dragging out the process unnecessarily, hiding assets, or filing frivolous motions—the judge may impose attorney fees as a form of penalty or deterrence.
This discourages misuse of the legal system and protects the other party from financial harm caused by misconduct.
3. Support of Minor Children
When custody is a contested issue, the court may order attorney fees to ensure that both parents have equal access to legal representation—especially if one parent has significantly fewer financial resources.
4. Protective Orders or Family Violence
In cases involving domestic violence or abuse, the court may order the abusive spouse to pay attorney fees, particularly if the other spouse needs legal support to obtain a protective order or handle custody issues safely.
Can You Request Attorney Fees at the Beginning of the Case?
Yes. A motion for temporary attorney fees can be filed early in the divorce process. This is typically heard at a temporary orders hearing, where the court makes initial decisions on matters like custody, support, and use of the marital home.
You must provide strong evidence, such as bank statements or pay stubs, to demonstrate financial need and justify your request.
What Happens if the Court Denies the Request?
If the judge denies your request for attorney fees, you’re still responsible for paying your own legal expenses. That’s why it’s essential to work with a knowledgeable divorce attorney in Houston who can present your case in a compelling and well-documented manner from the start.
Can Attorney Fees Be Awarded at the End of the Case?
Yes. In addition to temporary attorney fees, the court may also award final attorney fees in the divorce decree. These fees can be:
- Paid in a lump sum
- Offset against property division
- Structured into payments if appropriate
The court will again look at fairness, financial need, and conduct throughout the divorce proceedings.
When Spouses Share Attorney Fees
In rare situations, spouses may agree to split attorney fees—either evenly or in a different proportion—as part of their divorce settlement. However, this is more common in uncontested divorces.
In contested cases, each spouse typically retains separate legal representation, and responsibility for fees is either handled privately or by court order.
Key Takeaways for Those Facing a Contested Divorce
If you’re going through a contested divorce in Texas, here are a few practical points to keep in mind regarding attorney fees:
- Each party usually pays their own legal costs, but exceptions exist.
- You can request attorney fees if you demonstrate financial need or if your spouse acted in bad faith.
- Attorney fees can be requested at both the beginning and end of a case.
- Courts aim for fairness—and that may include making one party contribute to the other’s legal bills.
Are You Ready for the Financial Side of Divorce?
Legal battles during a contested divorce can drain not just your energy but also your finances. But you don’t have to face that burden alone. With one of the best contested divorce attorneys in Houston on your side, you’ll have a legal team that understands how to fight for a fair outcome—especially when it comes to dividing the cost of the fight itself.
At Daniel Ogbeide Law, we represent individuals in contested divorces with a sharp focus on protecting their rights and helping them maintain financial stability. Whether you’re dealing with a high-conflict separation or need help obtaining a fee award from the court, we’re here to provide the skilled and strategic support you need.
Our attorneys are experienced in handling complex divorce cases, including those involving children, significant assets, or difficult opposing parties. As one of the leading teams of contested divorce lawyers in Houston, TX, we understand how to make a strong case for attorney fees and secure the outcomes our clients deserve.
Contact Daniel Ogbeide Law today to schedule a consultation with a contested divorce attorney in Houston. Let us help you protect what matters most—your rights, your children, and your financial future.