What is your hourly rate?
I have been practicing family law exclusively for over a decade, and my hourly rate is $300/hour. My legal staff, (paralegals and legal assistants) bill at the rate of $150/hour (half of the attorney rate). When possible, I have my staff handle the administrative matters, so as to keep your fees down. I send out bills once a month by email, which list all of the time billed by myself and my staff. Be cautious of attorneys who charge very low rates, as they may not have experience in family law, or attorneys who quote a flat fee, as they may not be concerned about your case in the long-run. In my experience, family law is largely about getting a final order in place, so you have some peace of mind and finality. In other words, there may be attorneys willing to work for less for a short time, but they may not be thinking about what is best for your case at a final hearing. It does not make sense to win the battle, but lose the war.
Can I ask the the other party to pay my attorney's fees?
The court can order the other side to pay your attorney's fees, but there is no guarantee the court will do so. If it is ordered, it largely depends on the judge and the facts of your case. If you have a particularly bad actor (and you are not one), and we put on evidence to show the court how bad your spouse has been, than oftentimes a judge will award attorney's fees. On the other hand, if it is a case that is more grey, where both parties have made mistakes, a judge may order that each pays their own. Except for egregious cases, it is very hard to anticipate whether or not a judge will award attorney's fees.
In a divorce, it is important to keep in mind that Texas is a community property state and attorney's fees are considered a community obligation. This means that each party's attorney's fees are one-half the obligation of husband and one-half the obligation of wife. For some judges, this means that if both parties have jobs and can afford lawyers, then each should pay their own attorney's fees and costs. For other judges, this may mean that if one party is the bread-winner, and the other party is not, then the bread-winner should foot one-half of the other party's fees. It largely depends on the specific facts of your case.
