What Does a Flat Fee Divorce Cover in Texas?

Sometimes couples find themselves putting off getting divorced, even when they know that it is the best solution for everyone involved, because they fear they won’t be able to bear the associated legal costs. At C.E. Schmidt & Associates, PLLC in Houston, TX, we can provide couples in your situation with a flat fee divorce attorney; a special arrangement to help those who want an uncontested divorce get through the legal process as quickly and economically as possible.

What Does a Flat Fee Divorce Cover in Texas?

In a flat fee divorce, a couple pays a flat fee for legal services relating to their divorce rather than traditional hourly billing. The specific services covered by our flat fee divorce package will vary slightly depending on the specifics of your case; however, it will generally cover the following components, among others:

Initial Consultation With the Flat Fee Divorce Attorney

This includes an initial meeting with one of our divorce attorneys to discuss the case details, explain the divorce process, and outline the flat fee arrangement.

Filing Fees and Court Costs

The flat fee typically includes all the costs that come to from the state and city for filing the divorce petition (and other court fees).

Drafting Legal Documents

As part of our fee, we’ll draft all the necessary documents, including but not limited to a Petitioner for Divorce, Waiver of Service, ancillary letters to spouses, Bureau of Vital Statistics form, Child Support Order, Medical Support Orders, Special Warranty Deeds, Deeds of Trust to Secure Assumption, Powers of Attorney to Transfer a Motor Vehicle, and a Final Decree of Divorce.

Court Appearances

As part of the flat fee arrangement, your attorney will accompany you to court when you appear before the judge for your divorce hearing.

Finalizing the Divorce

We will make sure your case goes through every legal requirement to finalize the divorce, which usually includes things like getting and filing the final divorce decree with the court.

A fixed fee can greatly reduce your anxiety about the divorce process because it removes a lot of the uncertainty. This means you have more energy to focus on the emotional and personal aspects of their divorce and can make financial plans more easily.

Uncontested vs. Contested Divorces

Flat fee divorces are most commonly offered for uncontested divorces. An uncontested divorce is one where both parties agree on all major issues, especially those which tend to get mired down in contention, such as property division, child custody, and spousal support. If a divorce is uncontested, it’s generally more straightforward and can be resolved within a fairly predictable time, which is what makes it possible to offer a flat fee.

If you are not sure whether your divorce meets the requirements of a flat fee divorce, then get in touch with us. We are creative problem solvers and want to help you. Whether or not we can offer you a flat fee divorce arrangement once we know the specifics of your case, you will not lose out by asking us for further information.

Steps To Take When Considering a Flat Fee Divorce

First, get in touch with us. Schedule a consultation to talk through the divorce with an experienced flat fee divorce attorney. Be honest with us about the stage of your divorce and what agreements you have already come to. Any additional services or unforeseen complications can lead to extra expense down the road, so it’s always best that we know all the specifics of your case. We want to make sure that you get the legal help that you need.

If we agree that you are a candidate for a flat fee divorce, you should then carefully review the flat fee agreement to make sure you understand what services are included and potential charges that could arise if for some reason you were to need other services. Be sure to ask questions if there are any aspects that you are unsure about.

What Are the Conditions for Filing an Uncontested Divorce?

Residency

To file for any kind of divorce in Texas, one or both spouses must count as resident. Either you or your spouse must have lived in Texas for at least six months before you can file for divorce. The spouse submitting the divorce petition must also have lived in the county where they plan to file for at least 90 days before they can do so.

Grounds for Divorce

You must show that there is a reason why you want to get divorced, but this doesn’t have to be anything dramatic. Texas law allows for “no fault” divorce, meaning that you don’t have to prove that anything did anything wrong in the marriage. The most common reason cited as grounds for divorce is “insupportability,” meaning that the marriage has broken down and that the parties involved do not think that it is possible to reconcile. However, there are other options, such as if you and your spouse have lived apart for three or more consecutive years.

Agreement on All Issues

This is the most important part of filing for an uncontested divorce: you and your spouse must come to an agreement on all the terms of your divorce settlement.

What You and Your Spouse Must Have Agreed on To File for an Uncontested Divorce

Division of Property and Debts

You must agree on how you plan to divide all your marital property. Marital, or “community” property refers to both assets and liabilities that you acquired during the time of your marriage. It does not include any property or assets you had before you married, any inheritances that you acquired during the marriage, or anything already covered by a valid prenup or postnup. However, if you’ve mixed personal property with marital property, for example, by investing your personal inheritance money in a business you both own, things can get a tricky. Come talk to us about the situation.

Spousal Support

If one of you is seeking spousal support (alimony), then you must agree between yourselves what amount will be paid and for what length of time. The agreement should also specify any conditions that you wish to have set on the payments, such as what would happen in the event of one of the parties remarrying.

Child Custody and Visitation

If you have minor children, you’ll need to work out a parenting plan that will demonstrate to a judge how the child will live after your divorce is finalized. Texas considers contact with both parents to be in a child’s best interests unless there is a good reason why that would not be the case.

To file for uncontested divorce, you will need to have worked out a custody arrangement and visitation schedule with your spouse that suits you both and that it’s likely a judge will consider to be good for your child or children. One of you will likely need to pay some form of child support even if you choose to split your physical custody of any children 50/50, as it is unusual for parents to earn exactly the same amount of money.

If you and your spouse are looking for a quick, amicable divorce, then get in touch with us at C.E. Schmidt & Associates, PLLC in Houston, TX, to see if you could benefit from a flat fee divorce.