Money is one of the first worries people have when they think about filing a divorce or custody case. In New Braunfels and the rest of Comal County, the cost of getting into court has several parts, and some of them can be reduced or waived. This page explains what makes up filing costs, how to ask the court to waive them if you cannot pay, and the honest pros and cons of the free forms on Texas Law Help.
We do not list dollar amounts here on purpose. Fees are set by statute and by the county, and they change. Always check the current fee schedule with the district clerk before you file.
What Makes Up the Cost to File in Comal County
When you file a new family case with the Comal County District Clerk, the total usually includes several pieces.
Filing Fee and State Court Costs
The filing fee is collected when the petition is filed. Part of it covers county costs, and part covers fees the state requires on civil cases. Cases involving children may carry additional charges.
Citation and Service Fees
If the other party will not sign a waiver of service, the clerk issues a citation, and someone must formally deliver the papers. That usually means:
- A fee to the clerk to issue the citation
- A fee to the constable, sheriff or private process server who delivers it
Service outside Comal County, for example on a spouse in San Antonio or out of state, is handled by someone in that area and may cost more.
Service by Publication or Alternative Service
When a spouse cannot be found, the court may allow service by publication or another method. That adds publication or posting costs and usually requires the appointment of an attorney ad litem, which adds more.
Other Costs That Come Up
- Certified copies of the final decree or orders
- Mediation fees, usually shared by the parties
- Parenting or co-parenting courses, if required
- Amicus attorney, attorney ad litem or custody evaluator fees in some contested custody cases
- Retirement division orders, such as QDROs, which may involve plan or preparation fees
Our page on the cost of divorce explains how these pieces combine with attorney fees.
The Statement of Inability to Afford Payment of Court Costs
Texas does not want court costs to keep people out of court. Under Texas Rule of Civil Procedure 145, a person who cannot afford court costs can file a Statement of Inability to Afford Payment of Court Costs instead of paying.
How It Works
- Complete the statement. It asks about income, benefits, household size, expenses, assets and debts. The Supreme Court of Texas has approved a standard form.
- Sign it under penalty of perjury. Every statement must be truthful.
- File it with your petition. The clerk processes the case without collecting the filing fee.
- Respond if it is challenged. The clerk, the court or the other party may question it. The court may require more information or hold a hearing.
Who Usually Qualifies
People who receive certain needs-based public benefits, who are represented by a legal aid provider, or whose income is low compared to their household size often qualify. People with moderate incomes may qualify if expenses or debts are high. The judge decides.
What It Does Not Cover
A fee waiver generally covers court costs. It does not pay for a private attorney, and some outside costs may still apply. Ask the clerk how service will be handled in your case.
Texas Law Help Forms
TexasLawHelp.org is a free website that provides Texas court forms and instructions, including forms approved by the Supreme Court of Texas for certain divorces.
Pros
- Free. The forms and instructions cost nothing.
- Written for Texas. They follow Texas law and use terms Texas courts expect.
- Clear instructions. The step-by-step guides explain filing, service and the final hearing.
- Good fit for simple cases. A short marriage with no children, no real estate and no retirement accounts may be a reasonable do-it-yourself case.
Cons
- Designed for simple, agreed cases. They are not built for retirement division, businesses, complicated property or contested custody.
- Easy to get a detail wrong. A missing property description, a vague debt assignment or an unclear possession schedule can cause problems years later.
- No one checks your choices. The clerk cannot tell you whether an option is wise for you.
- The decree is the decree. Once signed, it is difficult to change property terms. A mistake may cost more to fix than to avoid.
A Practical Middle Ground
Some people prepare their own paperwork and pay for a limited review before filing. Others hire a lawyer to handle an uncontested divorce for a flat fee, so the paperwork is done right the first time. Our page on the cheapest way to divorce compares the options honestly.
Fees, Forms and the New Braunfels County Line
One more detail matters here. Because part of New Braunfels is in Guadalupe County, some New Braunfels residents file in Seguin instead of Comal County. Fee schedules, local procedures and accepted filing methods can differ between the two clerks’ offices. Confirm your county first, then check that clerk’s fee schedule. Our guide to where to file for divorce can help.
Simple Checklist Before You File
- Confirm residency and the correct county
- Get the current fee schedule from that district clerk
- Decide whether you need a fee waiver statement
- Decide whether the other party will sign a waiver of service
- Read every form fully, including the decree, before signing
- Plan for the 60-day waiting period in most divorces
Talk With a Comal County Family Lawyer About Costs
You deserve to know what a case will cost before you commit. Our family law team can explain likely court costs, whether a fee waiver may apply and whether a flat fee fits your Comal County or New Braunfels case. Call (830) 302-4071 for a free consultation. Se habla español.
Frequently Asked Questions
How much does it cost to file for divorce in Comal County?
The total depends on the filing fee, state court costs, service fees and any extra requests, and the amounts change over time. Check the current fee schedule with the Comal County District Clerk before you file, or ask us for an estimate during a free consultation.
What if I cannot afford the filing fee?
You can file a Statement of Inability to Afford Payment of Court Costs with your petition. If the statement is accepted, you generally do not have to pay the filing fee and many other court costs, though the court can require more information or hold a hearing.
Do Comal County courts accept Texas Law Help forms?
Texas courts are generally expected to accept the divorce forms approved by the Supreme Court of Texas when they are filled out correctly and fit the case. Problems usually come from using a form for a case it was not designed for, or from errors in completing it.
Are online divorce kits the same as Texas Law Help forms?
No. Texas Law Help forms are free and designed for Texas courts. Paid online kits vary widely in quality, and some are not written for Texas law at all. If you use any form, read every page before you sign it.
Does your firm charge a flat fee?
Flat fees are available for many matters where the scope is predictable, such as uncontested divorces. Court costs are separate from attorney fees. See our fees page for how we approach pricing.
Last reviewed November 13, 2026. General information only, not legal advice.