Can I Get Attorney Fees Paid in Texas

The general rule: each party pays their own fees

Texas follows the American Rule — each party is generally responsible for their own attorney fees. However, Texas family law provides two primary exceptions: statutory fee awards and sanctions for misconduct.

Section 106.002 — discretionary fee awards

Under § 106.002 of the Texas Family Code, a court may award attorney fees and costs in a suit affecting the parent-child relationship. The award is discretionary — the court is not required to award fees, and the decision will not be overturned on appeal unless it was an abuse of discretion.

Courts in Texas weigh factors including:

• The financial resources of each party — a significant disparity in resources weighs in favor of the less-resourced party
• The relative merits of each party's positions
• Whether a party acted in bad faith, was obstructive, or took unreasonable litigation positions
• The degree to which each party prevailed at the hearing or trial
• The reasonableness and necessity of the fees incurred

Fee awards in divorce

In divorce cases, attorney fees are also available under § 6.708. Texas courts have broad equitable power in divorce proceedings, and fee awards are part of that discretion. Courts often look at whether one spouse controlled marital assets and had significantly greater access to funds for litigation.

Sanctions for frivolous filings and misconduct

Texas Rule of Civil Procedure 13 and Chapter 10 of the Texas Civil Practice and Remedies Code allow courts to impose sanctions, including attorney fees, when a party files a pleading that is:

• Groundless and brought in bad faith
• Groundless and brought for the purpose of harassment or delay
• Signed without a reasonable inquiry into the factual and legal basis of the claim

How to request attorney fees

To request attorney fees in Texas, you must:

1. Plead for fees — Your petition or motion must include a specific request for attorney fees and costs. You cannot request fees for the first time at trial.
2. Present evidence of fees — At the hearing, you (or your attorney) must offer evidence of the amount of fees incurred, the hourly rate, the time spent, and that the fees were reasonable and necessary. A fee affidavit is commonly used for this purpose.
3. Show the other party's ability to pay — If you are arguing disparity of resources, present evidence of both parties' financial situations.