Uncontested Divorce
An agreed or uncontested divorce saves a lot of stress, time, and money for both spouses. A divorce is "uncontested" if both spouses agree upon property division, child custody, and support issues. Basically, if the husband and wife agree on a divorce settlement and there is nothing to fight over, the case is uncontested. If there is any discord, then the divorce is "contested."
In an uncontested divorce the lawyer's role is limited to preparation of the petition, the divorce decree, and closing documents. Because of this, the legal fees are substantially lower than those of a contested divorce.
Uncontested Divorce: The Process
In uncontested divorces, usually only one of the spouses hires an attorney to prepare the necessary documents. However, a lawyer can never represent both sides in a divorce. For example, if the wife hires the attorney to represent her in the uncontested divorce, then her attorney will prepare and file the divorce petition, draft the waiver of service citations, and divorce decree. Her attorney will also go to court with her to get the divorce approved by (aka "proved up" to) the judge. In this example, the husband only needs to read and sign the waiver and final decree. He may call the wife's lawyer to ask questions, but he must always keep in mind that the lawyer does not work for him. The husband may want to consult an attorney, if he so chooses, to make sure the divorce decree is fair to him and reflects the settlement the parties have reached, but again, this is typically not necessary in an uncontested divorce.
The court will typically divide the community estate giving 1/2 to each party.
The court will order a Joint Managing Conservator relationship for child custody. Both parents will receive almost 50% of available time with the children, as per the Texas Standard Visitation Order.
An uncontested divorce does not require the time and costs that contested divorces do; therefore, they lower your expenses significantly.
Once all the pleadings and documents are in order, one of the parties will sign off on the divorce decree and the other party will go before the judge to "prove up" the divorce. During the prove up your attorney will ask you a number of questions, most of which merely require a yes or no answer. The actual hearing takes less than 10 minutes. And then you will be divorced.
Fees and Costs for an Affordable Uncontested Divorce
The T.D. Lewis Law Firm, PLLC. requires a lower retainer of $750, for uncontested divorces in Dallas and surrounding areas. This amount reflects legal fees and does not include the court filing fees. There are additional charges for certain types of documents and services, which is typical with any firm. An example of these special documents and services would be the Qualified Domestic Relations Order (QDRO) dealing with retirement and employee benefits. QDRO, excessive document revisions or phone calls. The fee will be higher if the case converts to a contested divorce.
PAYMENT PLANS AVAILABLE FROM $150 ON UNCONTESTED CASES
