Texas divorce FAQ: Does the loser have to pay attorneys fees?
Posted By O'Neil Wysocki
So called “loser pays” statutes don’t apply in family law because it is very difficult to identify a “winner” and a “loser”. Often, some aspects of the decision will favor one party, and other aspects the other. If a party makes an argument that is “frivolous” or “groundless” as provided by the relevant statutes, then that party can be made to pay attorneys fees as punishment. This happens very rarely. Where one party violates a court order, for example to pay child support, the law may require payment of attorneys fees.