How Does a Flat Fee Divorce Process Work?

Though the media paints a picture of what divorce is like, with spouses trading insults, it doesn’t have to be like that. In many cases, couples don’t hold much animosity towards each other but just want to get the divorce process over and get on with the rest of their lives. If you and your spouse want to divorce amicably and agree on all the essentials of the process, you may benefit from consulting a flat fee divorce attorney in Houston, like our team at C.E. Schmidt & Associates, PLLC, in Houston, TX.

How Does a Flat Fee Divorce Process Work?

We know that a traditional divorce process can be expensive with fees, court costs, and other expenses adding up. Sometimes this is unavoidable, but we have represented many whose divorces were smooth without gigantic costs and expenses.  It is possible, but it depends upon you. We want to discuss this option and inform you that it is possible to have that happen instead of the nightmarish and ugly divorce.  That’s why we offer our clients the option of a flat fee divorce, which is both cheaper than a traditional divorce process and also provides clarity and predictability regarding the legal costs.

With a flat fee divorce, we charge a single, predetermined fee for handling your divorce case rather than billing by the hour. This fee covers all legal services related to the divorce, from the initial consultations through to the finalization of the divorce decree.

When Is a Flat Fee Divorce Applicable?

Flat fee divorces are only suitable for uncontested divorces, that is, one in which the spouses agree on all key issues such as property division, child custody, child support, and spousal support (called post-divorce maintenance in Texas and called alimony in other jurisdictions). The absence of disputes makes it easier for us to predict the amount of work involved in the process which is why we can offer a flat fee rather than charging by the hour for our work.

Steps in the Flat Fee Divorce Process in Texas

Initial Consultation

When you come for your initial consultation with us, we will be able to assess whether your case is suitable for a flat fee arrangement. We will discuss your situation, the issues that need to be resolved, and whether both parties are in agreement. If the flat fee approach fits, we will happily give you a clear outline of the services included in that fee.  These types of divorces are not hell but the way forward to a new and more fulfilling life.

Agreement on Terms

Once you decide to proceed with the flat fee arrangement, you’ll need to sign a limited scope agreement which is different than a retainer.  The limited scope agreement outlines the specific tasks and services covered by the flat fee, any exclusions, and the payment terms.

Filing the Divorce Petition

We will prepare and file the Original Petition for Divorce with the appropriate Texas court. This document initiates the divorce process and outlines the basic facts of your situation such as the grounds for divorce and any initial requests for relief.

Waiver of Service Explained

After filing the petition, your spouse must be informed that the process has begun. Unlike contested cases in which your spouse would be formally served documents by some authority or authorized person (such as a constable), the divorce petition is provided informally through email or regular mail either by our office or by you along with a document called a waiver of service.  This document is not as scary as the word “waiver” sounds. Using the word “waiver” is a kind of misnomer as in our office, the other party not waiving rights. All the other party is waiving is the requirement that an authorized person, in a formal fashion, hand paperwork to the other party which is the beginning of an inflexible and exact timer by which the other party has to formally file an answer. The waiver of the server simply tells us and the court that you do not need a person (such as a constable or other person in authority) to hand you the documents. Most importantly, your spouse does not receive a document that says that they may want to hire an attorney, and if they don’t file an answer within a certain time, a default judgment might be pronounced by the Court. This language strikes fear in almost everyone.

Agreement

Ultimately, the spouses work together to finalize important agreements and you, as our client, will present us with the terms of the agreement.  Based upon the information provided to us a draft of a Final Decree of Divorce, which includes agreements on property division, child custody, and other relevant issues is sent to you for discussion and revisions – the final document called an Agreed Final Decree of Divorce goes through final review and revisions and signed by both parties.

What if something goes wrong

Sometimes, despite everyone’s best intentions, the process goes sideways.  Things have to shift into the contested world when the other person wants a lawyer to formally represent them before the Court because that person is concerned about agreements on difficult issues.  When this occurs, at least there is a starting point and some agreements have been reached.  All is not lost.

Final Hearing

In Texas and if all goes as planned, even uncontested divorces typically require a final hearing before a judge. The purpose of this hearing is to ensure that all legal requirements are met and that the divorce settlement is fair and follows Texas law. The attorney will represent you at this hearing, presenting the agreed-upon Final Decree of Divorce to the judge. If everything is in order, the judge will sign the decree, finalizing the divorce.

FAQs Answered By Your Flat Fee Divorce Attorney in Houston

Is an Uncontested Divorce the Same as a No-Fault Divorce?

Not exactly. While all uncontested flat fee divorces mean neither party is pointing the finger of blame at the other party, not all no-fault divorces are uncontested. The flat fee divorce process doesn’t mean that the parties will necessarily be in agreement on every issue. Moreover, while some couples may agree to divorce, that doesn’t mean that there will not be disagreements about aspects of the divorce such as division of property, spousal support, or child custody arrangements.

How Quickly Can the Divorce Be Finalized?

There are a couple of legal considerations that affect how quickly an uncontested divorce can be finalized. The first relates to residency requirements, which are the same whatever kind of divorce you are getting. Before filing for divorce in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for at least 90 days. If you do not qualify currently, we would have to wait to file the petition for divorce.

The second is the mandatory waiting period. Texas law mandates a minimum waiting period of 60 days from the date the petition is filed before a divorce can be finalized. This waiting period applies even in uncontested cases.

Can’t We Just Do It Ourselves?

It’s understandable to want to do things as easily and cost-effectively as possible. However, these two wishes do not always go together. You wouldn’t attempt to perform a knee replacement surgery on yourself although you certainly can put a Band-Aid on a simple cut that doesn’t need stitches. Understand that Texas law requires that all the correct legal documents be submitted consistent with both the Texas Family Code and Texas Rules of Civil Procedure or the divorce cannot be finalized. While it is possible to do this yourself, unless you have no children and no property whatsoever,  the process causes a lot of stress.  Typically, you are unfamiliar with the Courts, the judges, the law, and the system generally.  It can be a crash course in frustration, and we have had many come to us after they have tried and failed.  Can it be done by you and you alone – in some cases yes.  Are you in for a rough ride – quite possibly?   Everyone generally thinks they need a “simple divorce”, but please be aware that nothing that requires legal maneuvering is ever simple.  Period.

Additionally, if you and your spouse have any children, you will be required to submit documents about their custody and visitation schedule. Texas considers it to be in a child’s best interest to have regular contact with both of their parents, and even if you agree on a parenting plan and child support you will need to go to a hearing to rule on whether the proposed agreements are acceptable.

An attorney can alleviate these worries and make sure that you meet all the legal standards for divorce. We will take care of the filing of all your documents and make the process as easy as possible.

What if We’re Not Sure Whether We Qualify for a Flat Fee Divorce?

If you’re not sure about whether you can benefit from our flat fee divorce process, then get in touch with us. We want you as our clients and want to do our best for you. If it turns out that your case is more complicated or will need more time to work out than is suitable for a flat fee divorce, then we will work with you to find a different option. We take pride in our creative problem-solving and in the service we provide to our clients.

A flat fee divorce provides cost predictability and simplifies the legal process. While complex cases or those with the potential for significant disputes may require a more structured fee approach such as hourly billing, a flat fee arrangement is perfect for couples who agree on all aspects of the new normal that they will experience. Contact us at C.E. Schmidt & Associates, PLLC in Houston, TX, where we can help you pass through the divorce process smoothly and move forward into the next stage of your life.

Additional Resources

Divorce Facts From the Greater Houston, Texas, Area

What Are the Steps Involved in Filing for a Collaborative Divorce in Texas?

What Is the Timeline for an Uncontested Divorce in Texas?