What is an uncontested divorce and how much does it cost?

An uncontested divorce is not one where both parties agree to obtain a divorce. This firm defines an uncontested divorce as one where ALL of the following occur: (1) ALL terms of the divorce are agreed to by the parties, (2) a Waiver of Service is signed and notarized by the Client's spouse, (3) a simple divorce decree with no custom-drafted provisions is approved by the Client and the Court, (4) the divorce decree is the only closing document prepared by the Attorney, (5) the opposing party does not have an attorney act on their behalf, and (6) the only court appearance required is a prove-up hearing. If ALL of these terms apply and no children or property is involved, then the divorce can be accomplished for $700 plus court costs and expenses (roughly $900 total).

Adding property or child custody provisions will add to the cost, but not significantly if the provisions are ALL agreed to and the parties use the standard language commonly found in Texas divorce decrees. These types of divorces can often still be done for less than $1,500.

Adding closing documents such as real estate deeds or retirement plan documents will also add to the cost. These documents are often required in order to implement the property division stated in the divorce decree, but not every divorce needs additional closing documents.

However, even with children, property, and a few closing documents, if the parties immediately agree to common language found in Texas divorce decrees and the only court hearing required is the prove-up hearing, clients may still be able to have their divorce resolved for approximately $2,000.

This firm attempts to hold down the cost to the client. In situations where it appears an uncontested divorce is possible, the firm requires a $750 retainer with the remainder to be paid prior to the divorce being finalized. If the matter fails to remain uncontested, then the matter is converted to an hourly-fee case.