What is a Flat Fee Divorce?

Sometimes spouses realize that, while they do not bear each other any ill will, they just don’t want to be married any longer. In such cases, it can seem like a waste of time and money to go through an extended series of negotiations. At the same time, the legal necessities still need to be completed, and this is not an easy process to get right if you’re not a lawyer. That’s where a flat fee divorce lawyer can help. At C.E. Schmidt and Associates PLLC in Houston, TX, we offer a flat fee divorce package to clients who want a no-fuss divorce.

What Is a Flat Fee Divorce?

A flat fee divorce is where you pay a single, predetermined fee for the legal representation and expertise that you need to become divorced, rather than paying a lawyer by the hour. This kind of pricing model is often appealing because it provides certainty and predictability. You will know ahead of time how much your divorce will cost, with no surprise bills or escalating legal fees.

When Can You Get a Flat Fee Divorce in Texas?

Not every divorce case brought to us will qualify for a flat fee; there are certain conditions that typically need to be met. A flat fee divorce arrangement works well for us as lawyers because it allows us to streamline uncontested cases efficiently, manage our time effectively, and reduce the unpredictability of billing disputes. However, it does mean that your case needs to be a predictable one.

You Want an Uncontested Divorce

A flat fee divorce is usually only available if both you and your spouse agree on all terms of the divorce. In all cases, this means agreeing on how you will divide your property and any debts. It also means agreement on conservatorship (known elsewhere as custody) and possession and access (known elsewhere as visitation) of any children, as well as child support. Additionally, you must both be agreed on the issues of spousal maintenance: whether there is to be any, how much, and for how long.

If even one of these issues is contested, a flat fee may not be an option for you because contested divorces require additional time, negotiation, and possibly court hearings.

You Are Both Willing to Cooperate

Even in an uncontested divorce, the process still involves a lot of paperwork, signatures, and coordination. If one spouse is uncooperative, misses deadlines, or refuses to sign documents, that can derail a flat fee arrangement.

You Have No Complex Assets or Legal Issues

Flat fee divorces are best suited to couples with relatively simple financial situations. If you own a business, have a complicated investment portfolio, or are involved in a high-asset divorce, it’s unlikely that a flat fee would cover the work required. Similarly, cases involving serious or complicated issues such as domestic violence, mental health troubles, or international custody arrangements are not usually good candidates for flat fee services.

You Meet All Jurisdictional Requirements

To file for divorce in Texas, at least one spouse must have lived in the state for at least six months. They also need to have lived in the county where the divorce is filed (the counties that we serve are Harris County, Fort Bend County, and Montgomery County) for at least 90 days. If these conditions aren’t met, you’ll need to wait before filing. It is best that you make sure you are eligible to file for divorce before seeking a flat fee arrangement, or that you make it clear to us how long you have until you meet the eligibility criteria.

What’s Typically Included in a Flat Fee Divorce?

Your flat fee will cover everything needed to file for your divorce, meaning all necessary consultations, documents, and representation in your court appearance. As part of our service, we will draft all the necessary documents for you. This includes, but is 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, Owelty Deeds, Powers of Attorney to Transfer a Motor Vehicle, and a Final Decree of Divorce.

Even amongst flat fee divorces, cases are not all the same. If you do not have children, you will obviously not need a Child Support order. However, you may find that additional documents are needed, such as a Qualified Domestic Relations Order (a document that lays out how retirement accounts should be divided).

The list of documents above is not an exhaustive list of the legal paperwork we are prepared to draft as part of a flat fee divorce. If something that is important to you is not listed, please ask us about it. When you come for a consultation, we want to make sure that you know exactly what is included in our fee, and allay any uncertainties that you have.

What Sort of Timeline Will There Be Before Completion?

The timeline for an uncontested divorce in Texas typically ranges from 60 to 90 days, depending on how quickly the required documents are completed and court availability for finalization. Texas law imposes a mandatory 60-day waiting period after filing the divorce petition, even for uncontested cases. This waiting period is designed to allow the couple time to reflect on their decisions and a potential opportunity for reconciliation. 

For couples with children, there may be requirements such as completing parenting classes that need to be fulfilled before the divorce can be finalized. These requirements vary between areas. For example, parenting classes are mandated in Harris County and Montgomery County, but it varies by individual court in Fort Bend County.

Consult a Flat Fee Divorce Lawyer

Even in cases of amicable and uncontested divorce, the correct legal documents still need to be submitted according to the Texas Rules of Civil Procedure. Rather than add the concern about properly completing and filing paperwork to your busy life, we can take care of the legal complexities of the process. Along with filing everything in a timely manner, we will make sure that all paperwork and agreements are in line with Texas law so that there are no delays.

For example, we can ensure that your conservatorship agreement will be acceptable to the court. Along with a right to parental financial support, Texas considers that children have a legal right to an ongoing relationship with both their parents, and to regular contact with a noncustodial parent. They also have the right to their needs prioritized in any legal decisions relating to them and their parents. If a judge considers that your arrangements are not in the best interests of your child or children, they may deny your divorce petition until the agreement is amended, leading to unnecessary delays.

A flat fee divorce isn’t right for everyone, but if it is right for you, it can save you time, money, and stress. If you and your spouse are agreed on all the essential and want a straightforward divorce that won’t prove an unnecessary financial burden, contact us at C.E. Schmidt and Associates PLLC in Houston, TX, to find out whether we can help you with a flat fee divorce.