Once we review all the documents and verify that they're ready to be signed,
Mr. Evans offers an optional meeting with the parties to work through the
documents and answer questions. As your attorney, Mr. Evans is restricted in how he can aid your spouse
and will express those restrictions so that your spouse clearly understands
Mr. Evans' role in the process. At this time, your spouse can decide whether
they want to retain an attorney to review the decree and other documents.
Otherwise, everyone can sign off on the documents, and we can prepare
to finalize the divorce with the court.
If everything is signed and ready to go, the last step is to finalize the
case. It's an old relic in Texas law, but even if everything is agreed
upon, at least one of the spouses must appear in court and give some basic
testimony. While both parties are entitled to attend, only one of the
parties is required to provide evidence.
At this juncture,we ask that the spouse not represented by our firm sign
a waiver of the right to be present at court. This waiver allows our firm
to present the decree with that spouse's signature, enabling us to appear
in court and finalize the divorce without the non-client spouse appearing.
Because this is a legal document that waives various rights, our office
never asks the non-client spouse to sign the waiver until they review,
approve, and endorse the Agreed Final Decree of Divorce. Once all parties have signed the decree, appearing in court is just a formality,
so the non-client spouse shouldn't have any reservations about signing
This part of the process, where you appear in court to give basic testimony,
is called the "prove-up." Mr. Evans will prepare you for the
questions the court will ask in advance, giving you time to rehearse and
prepare. We do whatever we can to make sure our clients feel completely
comfortable attending the prove-up. Generally speaking, the prove-up itself
is swift, and you will be waiting to appear before the judge longer than
you will actually testify.
Prove-ups generally take less than an hour.
Some of the questions you may be asked include the following:
- Has one or both parties resided in Travis County for at least 90 days before
filing for divorce?
- Has you or your spouse lived in Texas for six months prior to the filing?
- Are grounds for the marriage no longer supportable?
- Quick questions about your parenting plan if you share children with your spouse.
- Brief questions about debts and the division of property.
- Questions about keeping or doing away with married names.
Once the prove-up process is complete, our attorney will ensure that you
obtain all the necessary paperwork from the courthouse. If child support
needs to be set up, provisions will be taken care of at this time.
If a spouse wants to change their name, Mr. Evans and the office need to
know in advance so that we can prepare a separate order on the name change.
If necessary, a certified copy of the Agreed Final Decree of Divorce may
be obtained at that time. If you are uncertain whether you need a certified
copy, just ask Mr. Evans. The court clerk's office will charge a small
fee for all certified copies, which must be paid at that time. Usually,
upon returning to the office, we will ensure that an electronic copy of
the Agreed Final Decree of Divorce is emailed to you for your records
and forward another copy to your spouse.
Note: All clients should be aware that many counties (not Williamson or
Travis County) require parenting classes if children are involved, regardless
of whether an agreement was made in your divorce case. The court will
require a certificate of completion showing that you and your spouse have
complied. If this requirement applies to you, then the attorney will discuss
the matter at your initial consultation.
Agreed Dissolution of Marriage in 90 Days or Less
If both parties to the Agreed Divorce avoid conflict and have transparent
communication throughout the process, things will run smoothly and quickly.
If documents are signed promptly, an Agreed Divorce can be finalized in
90 days or less. There are exceptions to this timeframe, but things can
generally be completed quickly as long as all parties stick to the plan.
Flat-Fee Pricing for Agreed Divorces
Mr. Evans does not believe that people should be hampered with excessive
legal fees when they are willing to communicate and work together to reach
an amicable resolution to their divorce. As a result, we provide our Agreed
Divorce service at a flat fee. The Evans Law Group offers payment plans
to meet all types of budgets and situations. Generally, the fee for an
Agreed Divorce is $2,500 plus any out-of-pocket costs. The fee of $2,500
is an average price for couples with children and assets. Fees can be
more or less depending on the circumstances and should be discussed with
Mr. Evans or the attorney directly.
Out-of-pocket expenses associated with a divorce are generally the filing
fees with the court, fees related to the transfer of real estate as applicable,
and dividing qualified retirement plans. Our flat-fee pricing strategy
is designed so that clients don't feel anxious about being on the clock
when working with us to answer questions or discuss concerns. While "abuse"
of this communication privilege is rare, if communications get out of
control, the attorney may remind you that this is a flat-fee arrangement
and the time of everyone needs to be respected.
Contact Us Today for Professional Agreed Divorce Services
Our divorce attorneys handle Agreed Divorce cases in Travis, Bastrop, Williamson
and Hays Counties. Our divorce lawyers offer a free consultation and often
work remotely using phone or video conferencing tools, like Skype.
Put the extensive experience of Austin, Texas Divorce Attorney James W.
Evans to work for you.
Contact us online or call us today at
(512) 628-2550 to discuss your case with our office and schedule a free consultation.