Contract - Uncontested Divorce

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1 UNCONTESTED DIVORCE EMPLOYMENT CONTRACT AGREEMENT entered into this ___day of ________20___, between CORBIN & ASSOCIATES, P.C., ATTORNEYS, hereinafter referred to as “Attorney” and _________________ _______hereinafter referred to as “Client”. WHEREAS, Client desires to employ an attorney to represent him/her in obtaining an uncontested divorce for a reasonable fee; and, WHEREAS, Client promises to pay the legal fees set forth herein: and WHEREAS, Attorney promises to provide limited representation to obtain an uncontested di vorce; IT IS MUTUALLY AGREED that Attorney will represent Client in an uncontested divorce as set forth below. BASIC PROCEDURE AND FEES FOR OBTAINING AN UNCONTESTED DIVORCE The basic fee for Bell and Coryell uncontested divorce NOT INCLUDING THE FILING FEE is $500.00 with no children and $750.00 with children. This fee includes the initial consultation, one consultation to review the final paperwork, one pre-trial conference and final hearing. All additional consultations with the attorney will be billed at the hourly rate of the attorney which will be $150.00 - $300.00 per hour. Additional fees and filing fees are outlined below. When you retain this office to represent you in an uncontested divorce, the following events will occur: 1. Your petition for divorce is filed with the District Clerk’s office in the county in which you reside and you will obtain a Cause Number. 2. When ALL fees have been paid and we have received all of the necessary information from you, all paperwork needed to complete your divorce will be prepared within two to three weeks. You will be required to pick up the following instruments and review with your attorney before you and your spouse sign: Petition for Divorce, Divorce Decree and Waiver of Citation. Your spouse must sign the Waiver before a Notary Public. This office CANNOT notarize your spouse’s signature on these items. 3. There is a mandatory waiting period of sixty days from the date your petition was filed (number 1 above) before you can complete the divorce and make your court appearance. When this period lapses, provided you have paid all fees owed to this firm and have obtained your spouse’s signature on the papers correctly, your Court date will be scheduled and you will be notified by mail of that date. 4. Four or five days before the Court date, you will be required to come into this office for the pre-trial conference to discuss the Court appearance and procedures. On your Court date, you will be required to appear in person, at which time the Judge will grant your divorce. If you are unable to appear in person, you will need to make appropriate arrangements with this office and pay the additional fee for your testimony to be taken by Deposition. 5. If your spouse does not agree to sign the papers, you must pay the additional fee and have your spouse “served” with them. This procedure requires the Clerk of the Court to issue a citation and the citation must be served on your spouse by either a private process server or by the Sheriff in the county of residence of the spouse. 6. Once your spouse has been served with the papers, he/she then has until the following Monday after the expiration of the twenty days to file an answer. If no answer is filed, then default has occurred and, if circumstances allow, you may proceed to your final hearing as described above. 7. If your spouse files an answer, then your divorce is no longer uncontested. At that time, you will be notified by mail that your case has become contested and a MINIMUM FEE of no less than $1,500.00 will be necessary (along with any previously due fees) to continue with the divorce. You should schedule an appointment with your attorney at this point for further discussion.

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Contract - Uncontested Divorce

Transcript of Contract - Uncontested Divorce

Page 1: Contract - Uncontested Divorce

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UNCONTESTED DIVORCE EMPLOYMENT CONTRACT

AGREEMENT entered into this ___day of ________20___, between CORBIN & ASSOCIATES, P.C.,ATTORNEYS, hereinafter referred to as “Attorney” and ________________________hereinafter referred to as “Client”.

WHEREAS, Client desires to employ an attorney to represent him/her in obtaining an uncontested divorce for areasonable fee; and,

WHEREAS, Client promises to pay the legal fees set forth herein: and

WHEREAS, Attorney promises to provide limited representation to obtain an uncontested divorce;

IT IS MUTUALLY AGREED that Attorney will represent Client in an uncontested divorce as set forth below.

BASIC PROCEDURE AND FEES FOR OBTAINING AN UNCONTESTED DIVORCE

The basic fee for Bell and Coryell uncontested divorce NOT INCLUDING THE FILING FEE is $500.00 with no children and$750.00 with children. This fee includes the initial consultation, one consultation to review the final paperwork, one pre-trialconference and final hearing. All additional consultations with the attorney will be billed at the hourly rate of the attorneywhich will be $150.00 - $300.00 per hour. Additional fees and filing fees are outlined below. When you retain this office torepresent you in an uncontested divorce, the following events will occur:

1. Your petition for divorce is filed with the District Clerk’s office in the county in which you reside and youwill obtain a Cause Number.

2. When ALL fees have been paid and we have received all of the necessary information from you, allpaperwork needed to complete your divorce will be prepared within two to three weeks. You will berequired to pick up the following instruments and review with your attorney before you and your spousesign: Petition for Divorce, Divorce Decree and Waiver of Citation. Your spouse must sign the Waiverbefore a Notary Public. This office CANNOT notarize your spouse’s signature on these items.

3. There is a mandatory waiting period of sixty days from the date your petition was filed (number 1 above)before you can complete the divorce and make your court appearance. When this period lapses, providedyou have paid all fees owed to this firm and have obtained your spouse’s signature on the papers correctly,your Court date will be scheduled and you will be notified by mail of that date.

4. Four or five days before the Court date, you will be required to come into this office for the pre-trialconference to discuss the Court appearance and procedures. On your Court date, you will be required toappear in person, at which time the Judge will grant your divorce. If you are unable to appear in person,you will need to make appropriate arrangements with this office and pay the additional fee for yourtestimony to be taken by Deposition.

5. If your spouse does not agree to sign the papers, you must pay the additional fee and have your spouse“served” with them. This procedure requires the Clerk of the Court to issue a citation and the citation mustbe served on your spouse by either a private process server or by the Sheriff in the county of residence ofthe spouse.

6. Once your spouse has been served with the papers, he/she then has until the following Monday after theexpiration of the twenty days to file an answer. If no answer is filed, then default has occurred and, ifcircumstances allow, you may proceed to your final hearing as described above.

7. If your spouse files an answer, then your divorce is no longer uncontested. At that time, you will be notifiedby mail that your case has become contested and a MINIMUM FEE of no less than $1,500.00 will benecessary (along with any previously due fees) to continue with the divorce. You should schedule anappointment with your attorney at this point for further discussion.

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ADDITIONAL FEES AND DEFINITIONS

This office will work closely with you in order to keep your costs as low as possible. Our basic fee is outlined on the FeeStructure below. Additional work is often necessary on your case, and when necessary, you will be required to pay additionalfees. The following are some definitions of additional work that is necessary and the fee for same.

1. Real Estate - if you and your spouse own real estate (a house or land), additional work is necessary to provide for itsdisposition. Therefore an additional charge of $100.00 for each piece of property will be added to your basic fee.

2. Military Retirement - if either you or your spouse is entitled to military retirement benefits that must be divided, thereis an additional fee of $100.00 per service member added to your basic fee.

3. QUADRO (Qualified Domestic Relations Order) - if either you or your spouse has other retirement benefits (otherthan military retirement) to be divided, the additional fee is $400.00 per retirement plan is added to your basic fee.

4. Spousal Maintenance - If you and your spouse agree to spousal maintenance payments, an additional fee of $100.00 isadded to your basic fee.

5. Child not of the marriage (Paternity) - if there is a child BORN DURING THE MARRIAGE OR AN UNBORNCHILD who is not the husband’s child, paternity must be established. The additional fee is $500.00 per child, addedto your basic fee.

6. Appearance by Written Depositions - if you are unable to make your court appearance , you may appear by writtendepositions. The additional cost is $100.00 added to your basic fee.

7. Service of Citation - if your spouse does not sign the waiver and must be served as described above, the additional feeis $250.00 per attempt of personal service and $350.00 per attempt of any other form of service, payable prior to theissuance of the citation.

8. Attorney Ad Litem - if required by law or if the Court feels for any reason that an Attorney Ad- Litem should be

appointed, you will be required to deposit a minimum $300.00 into our trust account to cover the cost involved.

9. Split Custody of Child(ren) - if you and your spouse will each have primary custody of one or more children of themarriage, the additional fee is $200.00 for the additional language that must be incorporated into the Final Decree ofDivorce.

10. Parties out of State - If you live out of State or move from the State of Texas during your divorce proceeding, therewill be a $100.00 fee for the additional costs of communication.

11. Special Power of Attorney to Transfer Motor Vehicle - $25.00 per vehicle

12. Changes to agreement of Decree - Some changes require altering several documents, therefore, the change fee varieson a case by case basis. The fee for changes will be a minimum of $100.00 each time requested.

13. Certified letters - to you due to failure to respond to requests from this office - $25.00 each.

14. Additional consultations - you will be charged the attorneys hourly rate ranging from $150.00 - $300.00 per hour foreach additional consultation (whether in person or by telephone) and payment will be due at the time of the additionalconsultation.

15. Failure to keep appointments - $25.00 each.

16. Attorney General Involvement - In the event the Attorney General has a pending case or intervenes in your case youwill be charged an additional $300.00 to continue on the case. If you fail to pay the additional fee, you agree to sign amotion for to withdraw as your counsel.

17. Rescheduling of final court appearance after cancellation by client or failure for client to appear - $100.00 perreschedule.

18. Additional Provisions / Change of Standard Language - Should you wish to add additional provisions to your FinalDecree or change the standard language of your Final Decree the will be a minimum fee of $50.00 per provision /change that will be determined by your Attorney or Legal Assistant.

19. Rush of document preparation - The final documents requiring your and your spouse’s signature are prepared within 2to 3 weeks from the date you pay your account in full, provided we have received all information necessary to preparesuch documents. If a situation arises that requires you having these documents expedited there will be a $200.00 feeassociated with this service.

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FEE ARRANGEMENTSYou must pay a minimum of $350.00 up front in order to file your Petition for Divorce. Theremainder of your fees must be pain prior to completion of your paperwork. The documentsrequiring you and your spouse’s signature will no be prepared until you pay all fees. You maypay the balance in installments or in a lump sum payment, whichever suits your needs. However,no additional work will be performed on your case after the filing of the petition until you havecompleted payment of all fees. After you have paid the fees we will contact you to come pick upthe documents for your spouse’s signature so your case will proceed as outlined above.

Additional services that become necessary (changes, consultations with an attorney, service ofcitation, etc.) are payable at the time services are rendered. There are no exceptions.

PAYMENT PROCEDURE

Attorney will accept cash, personal check, cash iers check, m oney ord er or cred it card. However, if a personal check

is returned for insufficient funds, there will be a $30.00 Returned Check Charge, which must be paid at the time the

check is redeeme d. If Client fails to red eem an insufficie nt funds chec k, attorney may withdraw from case. At any

time during payment on acc ount, if an insufficient funds check is tendered, Attorney will no longer accept personal

checks from Client.

WHEREAS IT IS MUTUALLY AG REED as follows:

_______1. You are allotted two free phone calls to check the status on your case. All other calls will be

billed at $10.00 per call to be paid prior to going to final hearing.

_______2. If Client and spouse are un able to come to an a greement: as to prope rty division, child c ustody,

etc., thereby resulting in a contested divorce, Client will be required to pay a MINIMUM FEE

of no less than a $1,5 00.00 to proceed with the divorce and all future service will be billed at the

rate of $150.00 - $300.0 0 per hou r. Failure to pa y this additional m inimum fee w ithin thirty days

of notification from this office that your c ase is now conte sted will result in this firm’s withdrawal

from your case. No fees p aid for the unc ontested d ivorce will be credited to the required retainer.

_______3. Client has read and understands the terms and c onditions se t forth above and client will co mply

with the fee structure set forth herein.

_______4. Client will notify attorney o f any change in a ddress, ph one numb er or emp loyment info rmation

immediately upon any such change.

_______5. If Client cannot comply with the terms of this contract, Client will obtain other representation

within ninety days or agree to dismissal of the case.

_______6. NO FEES WILL BE REFUNDED. All work necessary to complete the divorce is performed

immediately upon pa yment of fees.

_______7. Legal Assistants will be the primary source of contact during the course of the divorce.

_______8. In the event Client cancels the case b efore the filing of the divorce p etition with the Co urt, a

$50.00 administrative fee will be assessed.

_______9. In the event that yo ur case is auto matically dismissed by the Court 12 months after filing for

inactivity or your case is placed on the dismissal docket, you will be charged $25.00 for

processing the dismissal of your case. If you wish for your case to remain on the docket, you

must pay $1 00.00 fo r the case to b e retained/re instated.

______10. Should you reque st additional services (e.g., changes, special language additions, rush document

preparation, etc.) the fees associated with these services will be due and payable prior to the

execution of such service.

__________________________________________ ___________________________________

CLIENT SIGNATURE AND DATE DATE OF FREE INITIAL CONSULTATION

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TOTAL ESTIMATED COST OF THESE PROCEEDINGS(To be complete d by office p ersonnel)

BASIC FEES:

Basic Atto rney Fee (B ell/Coryell) _____ _____ _____ _____ _____ __($7 50 w/childr en, $500 w/out)

Additional fee for Other C ounties $300.00

Court Cost/Filing Fee ___________________________

ADDITIONAL FEES (From schedule above):

Real Estate ($100 p er prope rty) ___________________________

Military Retirement ($100 per division) ___________________________

QUADRO ($400 per QDRO) ___________________________

Spousal Maintenance ($100) ___________________________

Paternity ($500 per child) ___________________________

Deposition ($100) ___________________________

Service of Citation ___________________________

Personal ($ 250 pe r attempt)

Other For ms ($35 0 per attem pt)

Attorney Ad Litem ($300) ___________________________

Splitting Custody of child(ren) ($200) ___________________________

Client not in state ($100.00) ___________________________

Special P ower of A ttorney to ___________________________

Transfer Motor Vehicle ($25.00 per vehicle)

Attorney General ($300.00) ___________________________

Additiona l Service of :

__________________________ ___________________________

TOTAL: _______________________

<Less $_______ ______Retainer >

BALANCE: _________________________(To be paid PRIOR to completion of paperwork)

AGREED:

Information regarding my case and/or copies of documents pertaining to my case may be released tothe following individuals:

_______________________________ ______________________________

_______________________________ ______________________________CLIENT DATE