Guidelines for a Flat Fee Uncontested Divorce
The Kutty Law Firm PLLC will handle an uncontested divorce for a flat fee. An uncontested divorce is one that is agreed. Our firm can provide this service in most major cities in Texas. If the parties are in total agreement this can be an economical and expedited way to finalize your divorce. You must work with your spouse and complete all the forms in the uncontested divorce packet and then allow our office to process the rest.
What Is an Uncontested Divorce?
An uncontested divorce is a divorce in which both spouses reach an agreement on all issues of the marriage such as custody/visitation, division of real estate, division of liabilities/debt, and retirement benefits. If the parties are not in total agreement on any of these issues, then the divorce is contested.
What Are the Steps for an Uncontested Divorce?
First, the parties need to reach an agreement on all issues prior to retaining our services. Next, one spouse completes all the paperwork and the contract for an uncontested divorce with the Kutty Law Firm, PLLC. In an uncontested divorce only one party may have an attorney. An Original Petition for Divorce is drafted and efiled with the Court. The non-filing spouse must sign a waiver of service before a notary public indicating that he/she is waiving the right to service and that the divorce may be finalized without notice to the non-represented party.
After the petition for divorce is filed and the waiver of service is filed with the court, we will prepare a Final Decree of Divorce. Both spouses sign the Final Decree. The Final Decree can be presented to the Court for approve 61 days after the Original Petition for Divorce was filed as required by State law.
After the required time has passed, one spouse must appear in Court to present the Final Decree of Divorce to the judge which is also known as the “prove-up”. The Final Decree of Divorce and any other supporting documents are presented to the Court electronically. Once the judge reviews all the documents and hears brief testimony from the spouse, the judge determines if the divorce will be granted.
Qualifications for an Uncontested Divorce
- Agree to be divorced on the grounds of insupportability
- Reach an agreement on all issues, including children, real estate, retirement accounts, and debts/liabilities
- Agree that only one party will have an attorney
- Voluntarily sign all papers
- Have assets valued at less than $250,000.
- Either spouse disagrees on any issue at all in your divorce
- You are not aware of what assets, debts you and your spouse have or you are concerned your spouse may be hiding assets
- You or your spouse want a customized visitation schedule such as shared custody
- You or your spouse feels strongly that the divorce should be on the grounds of cruel treatment or adultery.
- You or your spouse has a bankruptcy case pending.
- You or your spouse has had a child while married but with a third party.
Please either complete the uncontested divorce packet forms (questionnaire and contract) online and submit or download, complete and fax or email the forms to our office at firstname.lastname@example.org. Either mail in a cashier’s check, money order or personal check or submit the credit card authorization form in the amount of your total fees. Feel free to contact our office to confirm the total amount owed or to ask for assistance to pay by credit card.
Only once we have received payment and all of the forms that are required, will we begin to work on your case. Within 10 business days of receiving payment and completed paperwork, we will begin preparing your petition and the waiver of service. We will efile the petition and email both spouses a copy of the petition and waiver of service. Once the waiver of service is received and filed with the Court, we will draft the Final Decree of Divorce for review by both parties. Once both parties have signed the decree, we will schedule a date to “prove-up” the divorce in Court.
Divorce Attorney Fees & Costs
The Kutty Law Firm, PLLC charges $1250 for a signature divorce with no children, no real estate, no retirement, and no division of debt. This does not include the filing fees and court costs which will add an additional $350.00 to all divorces.