FAQ Page
Filing Fees for Divorce
The fees associated with divorce can be a complex matter. Let Gallagher and Stull help you . If you have any questions please feel free to contact us.
Sec. 110.001. GENERAL RULE. Except as provided by this chapter, fees in a matter covered by this title shall be as in civil cases generally. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Sec. 110.002. FILING FEES AND DEPOSITS.
(a) The clerk of the court may collect a filing fee of $15 in a suit for filing:
(1) a suit or motion for modification;
(2) a motion for enforcement;
(3) a notice of application for judicial writ of withholding;
(4) a motion to transfer;
(5) a petition for license suspension;
(6) a motion to revoke a stay of license suspension; or
(7) a motion for contempt.
(b) No other filing fee may be collected or required for an action described in this section.
(c) The clerk may collect a deposit as in other cases, in the amount set by the clerk for payment of expected costs and other expenses arising in the proceeding.
Sec. 110.003. NO SEPARATE OR ADDITIONAL FILING FEE. The clerk of the court may not require:
(1) a separate filing fee in a suit joined with a suit for dissolution of marriage under Title 1; or
(2) an additional filing fee if more than one form of relief is requested in a suit.
Sec. 110.004. FEE FOR ISSUING AND DELIVERING WITHHOLDING ORDER OR WRIT. The clerk of the court may charge a reasonable fee, not to exceed $15, for each order or writ of income withholding issued by the clerk and delivered to an employer.
Sec. 110.005. TRANSFER FEE.
(a) The fee for filing a transferred case is $45 payable to the clerk of the court to which the case is transferred. No portion of this fee may be sent to the state.
(b) A party may not be assessed any other fee, cost, charge, or expense by the clerk of the court or other public official in connection with filing of the transferred case.
(c) The fee limitation in this section does not affect a fee payable to the court transferring the case.
Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND CHILD SUPPORT SERVICE FEES.
(a) If an administering entity of a domestic relations office adopts an initial operations fee under Section 203.005(a) (1), the clerk of the court shall:
(1) collect the operations fee at the time the original suit, motion for modification, or motion for enforcement, as applicable, is filed; and
(2) send the fee to the domestic relations office.
(b) If an administering entity of a domestic relations office adopts an initial child support service fee under Section 203.005(a)(2), the clerk of the court shall:
(1) collect the child support service fee at the time the original suit is filed; and
(2) send the fee to the domestic relations office.
(c) The fees described by Subsections (a) and (b) are not filing fees for purposes of Section 110.002 or 110.003.
Premarital Agreement
Is an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.
Last Will and Testament
An individual’s Last Will and Testament is the document which allows you to make final arrangements for your children and worldly possessions. Through your Will, you will appoint an individual to see to it that the mandates of your Will are carried out. You will name the persons who will receive the net assets which you own at the time of your death. You will also name individuals who will take care of any minor children (guardians) and any assets that you devise to them (trustees). While it is always best that husbands and wives agree on the terms of their Wills, at least insofar as their minor children are concerned, it is not necessary and should not stand in the way of each putting down his/her wishes. The State of Texas has drafted a Will for everyone who resides in Texas who does not have one. It can be found in the Texas Probate Code and is neither clear nor easy to administer. The amount of money saved by not having a Will prepared is quickly dwarfed by the expenses of an intestate proceeding (the administration of the estate of a person who dies without a Will).
County Clerks
You can find your local county Clerk by going to our Links page and search by the County you live in. (County Clerks Links Page)
