Guidelines for a Flat Fee Uncontested Divorce
The Kutty Law Firm PLLC will handle an uncontested divorce for a flat fee of $1250 in cases involving 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.
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.
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 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 e-filed 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 and waiver of service are 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 approval 61 days after the Original Petition for Divorce was filed. This delay is 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.
To file for divorce of any kind in Texas, one party must have resided in the state for at least six months and in the same county for at least 90 days prior to the date of filing. If you wish to file for an uncontested divorce, you will need to have an estate value of less than $250,000 and meet additional requirements including:
- Agreeing to be divorced
- Agreeing on asset and liability division, and all other divorce-related issues
- Being willing to sign all paperwork without first being served
- Agreeing to have only one attorney
Our Sugar Land family law attorney requires a non-refundable fee for uncontested divorce be paid up-front. We do not prepare itemized bills for these services because we do not charge by the hour for uncontested matters.
It should be noted that you will not qualify for an uncontested divorce if:
- Either spouse disagrees on any issue at all in your divorce
- You are not aware of what assets or debts you and your spouse have
- 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.
If you meet the qualifications and are ready to get started with uncontested divorce proceedings, please return the completed client questionnaire and divorce fee contract to our Sugar Land family law office along with your cashier's check, certified check, money order, personal check, or credit card authorization in the amount of your total fees. After we receive your paperwork and fee, we will contact you to discuss the next step and begin the uncontested divorce process.
Once your divorce is final, certified copies of your Divorce Decree can be obtained from the district clerk's office in the county where your divorce occurred. In Harris County, you may obtain the certified copies at 201 Caroline, 2nd floor, certified copy window, for $1.00 per page. If you want us to order the certified copies for you, there is an additional charge of $100.00.
It should be noted that Mrs. Kutty cannot guarantee any expected outcome or conclusion of the legal matter due to numerous and complicated factors which are beyond her control. Our office will, however, within the bounds of legal ethics, provide reasonable and competent services to represent and protect all involved party’s legal interests.
The fastest way to begin is through an online submission of your uncontested divorce packet forms. You may also download, complete and fax your forms to 713-583-6709 ,or email the forms to our office at [email protected]. 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 e-file 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.