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 $1500.00 plus court costs and expenses (roughly $1800.00 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.
If closing documents such as real estate deeds or retirement plan documents are required in order to implement the property division stated in the divorce decree the fees will increase because of the time it takes to draft these 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 $2,500.00.
Our firm attempts to hold down the cost to the client. In situations where it appears an uncontested divorce is possible, the firm requires a $1500.00 retainer with any additional costs to be paid prior to the divorce being finalized. If the matter fails to remain uncontested, then an additional retainer will be required.