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Kimberly D. CreelAttorney at LawP.O. Box 8200Pasadena, Tx 77508Telephone: (281) 770-7700Email: [email protected]

Re: Your Uncontested Divorce

Thank you for contacting me to assist you with your divorce. This letter is meant to review the divorce process, the materials contained in this packet and the terms of my employment.

THE DIVORCE PROCESS

As long as your case is uncontested, I expect to do the following for you:

1. Prepare and file the divorce lawsuit, called an Original Petition for Divorce. This is filed with the District Clerk, who assigns your case a cause number and court.

2. Once filed, I will draft the Waiver of Citation, Final Decree of Divorce and any other documents you require to complete your divorce.

3. The divorce may be proven up after the 60th day from the date your divorce was filed. However, in order to finalize your divorce the Waiver of Citation must be signed by your spouse in the presence of a notary and the Final Decree of Divorce must be signed by both you and your spouse. You will need to appear, with me in court, for the prove up of your divorce. It is not necessary for your spouse to appear in court.

4. At the conclusion of your case, I will tell you how to obtain a certified copy of your divorce decree and how to file the real estate deeds. I will keep all documents submitted to me for a period of 15 days from the date the Judge signs your divorce decree. After the 15 days, all forms submitted to this office, with the exception of the employment contract, will be shredded and my employment terminated. If you wish the documents to be returned, you must make arrangements to pick them up.

DIVORCE PACKET

This packet contains the following:

1. “Uncontested Divorce Packet Instructions” – brief instruction sheet on how to proceed and in what order. Please read this page carefully.

2. “Divorce Question & Answers” – common questions and answers regarding Texas Divorce

Servicing families in Harris & Galveston CountyKimberly D. Creel not board certified by the Texas Board of Legal Specialization

3. “Contract of Employment” – I am not your attorney until I have received this signed form.

4. “Uncontested Divorce Information Form” – you will return this completed form to me. In an uncontested divorce, you and your spouse must agree on all of the terms of the divorce and sign the same divorce decree that the Judge will eventually sign to grant your divorce. You and your spouse will need to consider these questions carefully and completely fill out the enclosed questionnaire. Your answers to the questions on this form will be used to draft a divorce decree that may be very difficult and/or costly to change in the future after it has been signed by the court. You must provide complete answers including account numbers, loan numbers, credit card numbers, VINs for vehicles and legal descriptions for each property.

5. “Required Seminars for Divorces Involving Children” – Many courts require both parents to attend an approved parenting class. Once your case is filed, I will email you as to whether your court requires attendance or not. Both you and your spouse will need to make arrangements for enrollment and attendance of a seminar, if required, before your divorce can be finalized. (Please share this information with your spouse if attendance is required).

EMPLOYMENT TERMS

If you hire me to handle your uncontested divorce, I may represent you only. I cannot represent you and your spouse. Your spouse will usually not hire a lawyer, so you might correctly say there was only one attorney involved in the case, but I am only your lawyer.

All fees as set forth in the “Uncontested Contract for Employment” are due in full prior to work being performed. All fees are nonrefundable.

You will be charged an initial consultation fee of $75.00, if you feel you need to meet with me in person to discuss your case before filling out your forms.

A “Contract for Employment” is enclosed which outlines the fee details and scope of my representation in your case. Please read it very carefully and do not hesitate to contact me with any questions. My representation in your case does not begin and you are not my client until my office receives the signed contract and the payment for my fee.

The following forms a payment are accepted: cash, credit cards, cashier’s check or money order. If paying via credit card, I can invoice you through paypal or you may complete the enclosed credit card authorization.

I look forward to working with you on your divorce matter.


UNCONTESTED DIVORCE INFORMATION FORM

These questions need to be answered to determine how your divorce petition and decree will be written. The form must be filled out completely and you and your spouse must reach an agreement on property and all issues regarding your child.

If you do not have minor children, please ignore questions inside boxes because they relate only to divorces involving children.

If you do not have minor children, please ignore questions inside boxes because they relate only to divorces involving children.

Check box to indicate who is client: □Husband □WifeNote: The email address provided below will be the primary method of communication between client and Attorney.

HUSBAND WIFE

Full Name: Full Name:

Maiden name:

Name change requested to:

Race: Race:

(Government form asks)

Home address: Home address: County: County: Check if Resided in Check if Resided inCounty at least 90 days: County at least 90 days:

(Divorce must be filed in a county where at least one of the parties has lived for a minimum of 90 days prior to the filing of the divorce petition).

Home Phone: Home Phone: Cell Phone: Cell Phone: Email: Email:

Employer: Employer:

Work Address: Work Address:


Work Phone: Work Phone:

Date of Birth: Date of Birth: ______

Place of Birth: Place of Birth:

Driver’s license no.: Driver’s license no.: State: State: Soc. Sec. No.: - - Soc. Sec. No.: - -

Date of Marriage: Date of Separation: Place of Marriage:


Number of Child (under 18 or those 18 but still in high school): ________(Include child born to or adopted by you and your spouse during the marriage)

Child No. 1: Name First: Middle: Last: Suffix: Date of Birth: / /






Conservatorship (Child Custody)

Choose either:

Joint Managing Conservators (Does not mean parents get equal time with child.)• Presumed in Texas, unless strong reason why the parents should not share parent

rights.• One parent has right to determine residence of child.• Other parent gets visitation.

Parent with which the child will live most of the time: □Father □MotherIs right to determine the residence of the child subject to a geographic restriction? Harris County and surrounding counties

Galveston County and surrounding counties School District: Other: No geographic restriction-OR- Sole Managing Conservator (child lives with): □Father □Mother Possessory Conservator (child visits): □Father □Mother


Parental Rights

Both parents have the following rights at all times, regardless of who has possession –

• the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child;

• the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

• the right of access to medical, dental, psychological, and educational records of the child;• the right to consult with a physician, dentist, or psychologist of the child;• the right to consult with school officials concerning the child's welfare and educational status,

including school activities;• the right to attend school activities;• the right to be designated on the child's records as a person to be notified in case of an

emergency;• the right to consent to medical, dental, and surgical treatment during an emergency involving an

immediate danger to the health and safety of the child; and• the right to manage the estates of the child to the extent the estates have been created by the

parent or the parent's family.

Both parents have the following duties at all times, regardless of who has possession –

• the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and

• the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

Parents have the following rights and duties, when in possession of the Child –

• the duty of care, control, protection, and reasonable discipline of the child;• the duty to support the child, including providing the child with clothing, food, shelter, and

medical and dental care not involving an invasive procedure;• the right to consent for the child to medical and dental care not involving an invasive procedure;

and• the right to direct the moral and religious training of the child.

Rights usually given to one parent –

• the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

• the exclusive right to designate the primary residence of the child; • the right to make decisions concerning the child's education;• the right to consent to medical, dental, and surgical treatment involving invasive procedures, and• the right to consent to psychiatric and psychological treatment of the child.•

Other rights given independently to each parent –

• except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;

• the independent duty to manage the estates of the child to the extent the estates have been created by community property or the joint property of the parent.


The following rights are typically given to the “primary” parent (parent with the right to determine the residence of the child). Parents may agree otherwise but it is usually best for just one parent to have the exclusive right to 1) consent to medical dental and surgical treatment involving invasive procedures 2) to consent to psychiatric and psychological treatment and 3) make educational decisions. The rights may be given exclusively to the primary parentafter consultation with the other parent. This would avoid the need to hire a lawyer and go to court every time parents disagree on school or major medical issues. Please select which parent shall have the rights below by placing an X in one of the available choices as indicated in the columns.

RIGHTS AND DUTIES Mother Has Solely Father Has Solely

Person With Right to Determine

Residence Has, After Consultation with Other Parent

Both Have Subject to

Agreement of Other Parent

Each Parent Has Independently

The right to consent to psychiatric and psychological treatment of the child.The exclusive right to designate the primary residence of the child.The exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child.The right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child.The right to consent to marriage and to enlistment in the armed forces of the United States.The right to act as an agent of the child in relation to the child's estates if the child's action is required by a state, the United States, or a foreign government;The right to make decisions concerning the child's education.The duty to manage the estates of the child to the extent the estates have been created by community property or the joint property of the parents.


The right to consent to medical, dental, and surgical treatment involving invasive procedures.

Who can apply for a passport for the child? □Father Only □Mother Only □Mother and FatherControl of Child’s Property, if any:Check here if the child has no property: □Which Parent Controls The Child’s Property? □Father □Mother

List of Property in Child’s Name:List of Property in Child’s Name:List of Property in Child’s Name:Child’s Name Financial Accounts Other Property

Bank:Type of Account:Account No.:

Describe:


Describe:


Describe:


Describe:


VISITATION (Standard Possession Order)

Do you and your spouse currently live within 100 mile of each other? Yes No

If no, select alternate visitation: ○1st, 3rd, 5th weekends or

○ One weekend a month.

Check the time when ALL visitation begins (except for Thursdays):o 6:00 p.m.o When school is dismissed.o A time between when school is dismissed and 6:00 p.m.:

Check the time when ALL visitations end (except for Thursdays):o 6:00 p.m. on Sundays.o When school resumes

Check the beginning and ending times for Thursday visitation (during the school term):

Begin: ○ 6:00 p.m. or ○ When school is dismissed

Ends: ○ 8:00 p.m. or ○ When school resumes on Friday

How will children be returned after a visitation ends?o Children are picked up by the primary parent. o Children are returned to the residence of the parent with primary parent.

Long Distance Travel Provisions It is presumed that a child under age 5 cannot travel alone on an ariline. The divorce decree I prepare for you will provide that the parent exercising visitation must travel with the child or make arrangements for a competent adult to travel with the child. The primary parent will be required to get the child to the airport.

If long distance travel by airline is required, who will pay for the travel for a child under age 5?o Expenses shared by parentso Expenses paid by parent exercising visitation

Do you want the order to serve as authorization for international travel? ○ YES ○NO

When a parent travels outside the United States with a child, they will usually be required to provide proof of their authority to travel with the child outside the U.S. Sometimes this requires a signed, notarized letter from the other parent permitting such travel. If you answer “YES” to this question, a certified copy of the divorce decree can be used to show authority to travel with the child.


Child Support

Who will pay child support? □Father □Mother

Child support start date? , 20__:

If weekly or bi-weekly, provide next pay date:

Child support shall be paid: □Monthly □Semi-Monthly (twice a month) □Weekly □Bi-Weekly (every other week)

How much will child support be?

Monthly $ Semi-Monthly $ Monthly divided by 2 Bi-Weekly $ Monthly x 12 divided by 26 Weekly $ Monthly x 12 divided by 52

Health Insurance for the Child

Select how the child will be covered for health insuranceo You will cover the child and you will pay for health insurance.o You will cover the child and the other parent will pay you back for the cost.o Your spouse will cover the child after the divorce and he/she will pay for it.o Your spouse will cover the child after the divorce and you will pay him/her back for the

cost.

Select how the health insurance will be providedo Currently covered through employment of □Father □Mother.o Coverage is currently available through employmento _________________ to purchase insuranceo Coverage ___is ___ shall be through TexCare partnership.o Cash medical support paid by parent who pays child support.

Will uninsured medical expenses be split 50% to each parent? □Yes □ NoIf no, how will uninsured medical expenses be divided? _____% by Father ______% by Mother

Who is currently a member of the Armed Services? □Father □Mother □Neither

Settlement of Future Disputes


The orders in a divorce concerning child custody, visitation, support and insurance can be changed by court order or agreement until the last child reaches age 18. Either parent can in the future file a motion to modify the terms of the divorce decree relating to the child. If a modification suit is filed, the court will require mediation prior to trial. Mediation is a formal settlement meeting with a neutral mediator who does not decide the issues by who helps the parents discuss and hopefully agree on a settlement.

Do you want the divorce decree to require mediation before either parent files a modification suit? □Yes □ No

PROPERTY DIVISION

Attach additional sheets if needed.

Type of Property Property Description To Husband To Wife

Real Property Property 1 (House, land) Street address: Legal Description:

Is there a mortgage onthis property? □Yes □ NoIf Yes, mortgage owed to: Other loan on

this property? □Yes □ No If Yes, other loan owed to: You must provide a copy of the deed of trust or general warranty deed on this property.

Property 2 Street address: Legal Description:

Is there a mortgage onthis property? □Yes □ NoIf Yes, mortgage


owed to: Other loan on

this property? □Yes □ No If Yes, other loan owed to:


You must provide a copy of the deed of trust or general warranty deed on this property.

Property 3 Street address: Legal Description:

Is there a mortgage onthis property? □Yes □ NoIf Yes, mortgage owed to: Other loan on

this property? □Yes □ No If Yes, other loan owed to: You must provide a copy of the deed of trust or general warranty deed on this property.

Bank Accounts Bank Account #1

Name of Financial Institution:

Type of Account: □Checking □Savings □Cert. of Deposit □Money Market

Account No.:

Bank Account #2 Name of Financial Institution:


Account No.:


Type of Account:


□Checking □Savings □Cert. of Deposit □Money Market

Account No.:

Bank Account #4


Name of Financial Institution:


Bank Accounts Account No.:



Account No.:



Account No.:



Account No.:

Brokerage Accounts Brokerage Account #1 Brokerage Firm:

Account No.:

(Do not list 401K or IRA’s here. This is for after tax investments that are not


tax exempt retirement accounts). If the account is to be split, list the securities and numbers of shares in this account. Indicate to right how many shares of each security goes to the husband and wife.

Brokerage Account #2 Brokerage Firm:


Account No.:

(Do not list 401K or IRA’s here. This is for after tax investments that are nottax exempt retirement accounts).

If the account is to be split, list the securities and numbers of shares in this account. Indicate to right how many shares of each security goes to the husband and wife.

Defined Plan #1 Contribution Exact name of plan:Retirement Plans Employee: □Husband □Wife Employer: 401k’sSavings Plans Plan #2 Thrift Plans Exact name of plan: Employee: □Husband □Wife Employer:

Plan #3 Exact name of plan: Employee: □Husband □Wife Employer:

If dividing any of above plans,award requires separateDomestic Relations Order.

Defined Benefit Pension #1 Plans Exact name of plan: Employee: □Husband □WifePensions Employer:

Pension #2 Exact name of plan:Type of Property Property Description To Husband To Wife

Employee: □Husband □Wife Employer:

Pension #3 Exact name of plan: Employee: □Husband □Wife


Employer:

If dividing any of above plans,award requires separateDomestic Relations Order.

IRA’s, SEP’s IRA or SEP #1 Financial institution Holding IRA/SEP:

Account no.:

Account in name of: □Husband □Wife

IRA or SEP #2 Financial institution Holding IRA/SEP:

Account no.:


IRA or SEP #1 Financial institution Holding IRA/SEP:

Account no.:


Military Military Retirement #1 Retirement Service member: □Husband □WifePlans Service status: □Active □Reserve

□Retired Branch of service: If dividing plan, award requires separate Domestic Relations Order.

Military Retirement #2 Service member: □Husband □WifeType of Property Property Description To Husband To Wife

Service status: □Active □Reserve□Retired

Branch of service: If dividing plan, award requires separate Domestic Relations Order.


Government Government Retirement Plan #1 Retirement Name of Plan:Plans Employee: □Husband □Wife Employer:

Government Retirement Plan #2 Name of Plan: Employee: □Husband □Wife Employer:

Life Insurance Policy #1 Policies Name of Insurance company:

Policy No.:

Life insured by policy:

Policy #2 Name of Insurance company:

Policy No.:



Policy No.:



Policy No.:

Life insured by policy:Type of Property Property Description To Husband To Wife

Annuities Annuity #1 Name of Company for the annuity:


Policy no.:

Annuity issued to: □Husband □Wife

Motor Vehicles Vehicle #1 Year:(Cars, trucks, Make:Boats, RV’s, Model:Motorcycles, VIN No.:ATV’s, Trailers, Name on title: □Husband □WifeAirplanes, Loan owed to:Outboard motors)

Vehicle #2 Year:

Make: Model: VIN No.: Name on title: □Husband □Wife Loan owed to:

Vehicle #3 Year: Make: Model: VIN No.: Name on title: □Husband □Wife Loan owed to:

Vehicle #4 Year: Make: Model: VIN No.: Name on title: □Husband □Wife Loan owed to:

Vehicle#5 Year:

Make: Model: VIN No.:



Name on title: □Husband □Wife Loan owed to:

Closely Held Business #1 Businesses Name of business:

Family businesses What work does this business do?Owned by eitherSpouse What percentage do you own: ______% How is the business organized?

o Sole proprietorship o Partnershipo Limited Partnershipo Professional Associationo Corporationo Limited Parentership o LLCo Other:

Business #2 Name of business:

What work does this business do?

What percentage do you own: ______% How is the business organized?

o Sole proprietorship o Partnershipo Limited Partnershipo Professional Associationo Corporationo Limited Parentership o LLCo Other:

Debts owed to Debt owed to community estate Husband and/or #1 Wife Name of debtor:If someone owesyou money, that is Current amount owed: $an asset. Is there a written loan agreement or

judgment? □Yes □ NoIs loan secured by a lien orcollateral? □Yes □ No

Debt owed to community estate #2 Name of debtor:


Current amount owed: $ Is there a written loan agreement or

judgment? □Yes □ NoIs loan secured by a lien orcollateral? □Yes □ No

Personal Personal Property to be awarded Property: to Husband X

Household, ○Husband awarded property infurnishings, his possession. electronics, ○Plus property in possession of wife.sporting goods, (attach typed list of specify items)jewelry, antiques, ○Husband awarded specific propertyclothing, person per attached list.items

Personal Property to be awarded Property: to Wife X

○ Wife awarded property inher possession.

○ Plus items in possession of husband.(attach typed list of specify items).○ Wife awarded specific

property per attached list.

Travel Award Travel Awards Plan #1 Benefits Name of Airline, Hotel or Credit Card:

Account No.:

How many miles or credits do you have?_______

Travel Awards Plan #2 Name of Airline, Hotel or Credit Card:

Account No.:

How many miles or credits do you have?_______


Animals or Pets are considered personal Livestock property, so they are usually

included in the personal propertycategory prior. However, some people breed a lot of dogs or cats or birds or own horses, cattle, llamas, ostriches, etc. If your family owns any such animals, please list them below and let us know how they are tobe divided.

Contingent A “contingent asset” is an asset that Assets might receive in the future and includes

but is not limited to, stock options, intellectual property rights of any sort,lawsuits, claims, contingent fees,commissions on pending sales, as well as any sale or settlement you have agreed to for the sale or settlement of anyproperty, business interest or claim that willresult in cany capital gain or income to you in the future.

The most common contingent asset people have is either stock options issued to them by their employer or a claim or lawsuit that is not yet been paid.

If you or your spouse have any such contingent asset, please describe it below and let us knowhow it is to be divided.

DEBTS

Attach additional sheets if needed.

Type of Debt Debt Description To Husband To Wife

Credit Cards, Credit Card #1 Charge Accounts Type of Card: Credit Card Company

Name:

Account Holder:

Account No.:


Credit Card #2 Type of Card: Credit Card Company

Name:

Account Holder:

Account No.:


Name:

Account Holder:

Account No.:


Name:

Account Holder:

Account No.:


Name:

Account Holder:

Account No.:

Tax Liabilities Federal Income Taxes for prior years. (Provide tax years and amounts

Owed).


Federal Income Taxes for this year Amount owed:

Property Taxes Type of Debt Debt Description To Husband To Wife

Provide property address, year, taxing authority and amounts owed.

Other Taxes Owed Owed to:

Professional Fees Professional Fees Owed #1

Attorneys, Fees Owed to:

CPA’s,

Psychologists Amount Owed: $

Involved in Owed by: □Husband □Wife

this divorce □Both

Professional Fees Owed #2

Fees Owed to:

Amount Owed: $

Owed by: □Husband □Wife

□Both

Other Debts Other Debt #1

Owed to:


Other than Amount owed:

Mortgages, Owed by: □Husband □Wife

vehicle loans □Both

and debts Purpose of Debt:

previously listed. (401K loans should be listed in

this section).

Other Debt #2

Owed to:

Amount owed:

Owed by: □Husband □Wife

□Both

Purpose of Debt:

(401K loans should be listed in

this section).


Reimbursement These claims are not dealt with usually

Claims against the in an agree, uncontested divorce.

Community Estate

Economic These claims are not dealt with usually


Contribution in an agree, uncontested divorce.

Claims

Contingent Contingent liabilities are you or your

spouse might owe. Example, a lawsuit

against you is a contingent debt because

you may or may not owe it.

List any such contingent liabilities and

let us know who will be responsible

for the debt in the future.

Motor Vehicle Motor Vehicle Loan #1

Loans Loan owed to:

Include loans What vehicle is thison boats, RV’s etc. loan for: Name(s) on loan: □Husband □Wife □Both

Motor Vehicle Loan #2

Loan owed to:

What vehicle is this loan for: Name(s) on loan: □Husband □Wife □Both



Loan owed to:




Loan owed to:


Mortgages and Mortgage or Home Equity Loan

Home Equity No. 1

Loans Type of Loan: □Mortgage

□Home Equity

Loan owed to:

What property is loan for:

Original total amount of loan:$

Name(s) on loan: □Husband □Wife □Both


Mortgage or Home Equity Loan

No. 2

Type of Loan: □Mortgage

□Home Equity

Loan owed to:




Mortgage or Home Equity Loan

No. 3

Type of Loan: □Mortgage

□Home Equity

Loan owed to:




Sale of Residence

Is the sale of a residence to be ordered? □Yes □ No


If yes, select the applicable sales provisions:

o Property to be sold by parties without a broker or agent

o Property to be listed with a broker/agent

Who keeps possession of the house until sold: □Husband □Wife

Who keeps paying the mortgage until sold: □Husband □Wife

Who continues maintenance and repairs until sold: □Husband □Wife

How are the net sale proceeds to be divided: ________ to Husband ________ to Wife

Select any additional provisions:

o Cash paid on date of divorce(To reach a fair division of property and debt, sometimes one spouse pays a set dollar amount to the other spouse when they divorce. Most commonly, this is done to pay the other spouse for his or her share in the equity of the house. The payment can be required to be paid at or before the date the divorce decree is signed or within 60 days or some set period after the divorce or in monthly payments).

Check all that apply:o No cash will be paid at divorceo Husband pays Wife $ o Wife pays Husband $

Details of how and when this will be paid:

o Debts incurred after a specific date (usually the date of separation):(If you select this provision, each spouse will be liable for all debts incurred by him or her since a specific date). / /

o Taxes on property awarded(If you select this provision, each party will be ordered to be responsible for taxes due on the property awarded to him or her).

o Confirmation of Separate Property(If you select this provision, the divorce decree will list property that is confirmed to be the husband’s or wife’s separate property. Remember, a divorce divided


community property. Separate property is property owned before the marriage as well as gifts and inheritances received during the marriage).

Do you want to include provision for court ordered alimony? □No □Yes If yes: Husband will pay wife alimony after divorce. Wife will pay husband alimony after divorce. Will the alimony be withheld from the paycheck of the person paying? □No □Yes Amount to be paid per month: $ Starting: / /20__ Last monthly payment will be paid on: / /20__

Who Can or Cannot Use Specific Credit Cards

List the credit cards you have the exclusive use of after the divorce or check none, if none exist: □None.

Card Type Card Issuer Last 4 Digits of Acct. Number

List the credit cards your spouse is ordered to return to you or check none, if none exist:□None


List the credit cards your spouse will have the exclusive use of after the divorce or check none, if none exist: □None.



List the credit cards you are ordered to return to your spouse or check none, if none exist:□None


Taxes

Note: The following is the basic income tax provision that will be included in the divorce decree:

“IT IS ORDERED AND DECREED that, for the calendar year (year of divorce), each party shall file an individual income tax return in accordance with the Internal Revenue Code.”

The following provision for exchange of information is also usually included:

“IT IS ORDERED AND DECREED that each party shall furnish such information to the other party as is requested to prepare federal income tax returns for (year of divorce) within thirty (30) days of receipt of a written request for the information, and in no event shall the available information be exchanged later than March 1, (year following divorce). As requested information becomes available after that date, it shall be provided within ten (10) days of receipt.

There are other ways of dealing with income taxes for the year of divorce. Any such alternative income tax provisions should be included only if you consult with an independent tax advisor. CAUTION: Provisions for apportioning income tax liability will not override the Internal Revenue Code and will not prevent the IRS from collecting taxes from a party. Such provisions will give the client protection only to the extent that they are enforceable by contract.

Name Change for Wife? □No □Yes to (full name)


DivorceCommon Questions and Answers

By Kimberly D. CreelNot board certified by the Texas Board of Legal Specialization.

Common Questions Regarding Divorce in Texas

What issues are to be decided in a divorce?


• Division of community property/debts

• Spousal Maintenance, if any, to be paid (alimony for marriage lasting 10+ years)

• How taxes will be paid.

• Parent with which child under 18 will reside.

• Rights and Duties of each parent.

• Visitation of other parent

• Child Support

What is community property?

All property and income acquired during the marriage (including all property acquired through the date the final decree is signed by the Judge). Employee benefits (ie. funds in a 401K plan, pension, disability payments, workers’ compensation) acquired during the marriage are community property. The income from separate property, such as rent houses, is community property. Increases in value of a sole proprietorship or partnership that is separate property are community property.

What is separate property?

All property owned by a spouse prior to the marriage, property a spouse received through inheritance during the marriage, or property received as a gift by one spouse during the marriage. Increases in value of corporate stocks are separate property.

How is property divided in a divorce?

The court has power over the “community estate” in a divorce. The community estate consists of community property and debts acquired or incurred during the marriage. Texas law requires the judge to divide community assets and liabilities in a way that is “just and right”. This does not always mean that community property is divided evenly. If the parties are in agreement, any property division is possible. For example, one spouse may want to give the separate property residence to the other spouse in order to keep a larger portion of their retirement benefits. See attached worksheet to help determine what is a fair division of your property.

What does a Judge consider in making uneven divisions of property?


Factors a Judge considers in awarding uneven division of community estates are: fault in break up of marriage, earning capabilities and education of the parties, parties ages and health, any special needs of the child, and whether there is separate property owned by either spouse.

How are debts divided?

The division of debts is also based on a “just and right” basis. A divorce decree will order the payment of debts by the spouse who will be responsible for the debt. Note: A divorce decree does not rewrite a mortgage or loan agreement.

Does Texas have alimony?

Yes. A judge may order alimony payments (“temporary spousal support), for those seeking court intervention, during the pending of their case. A Court may also order spousal maintenance in the conclusion of a divorce. The parties can also agree for one to pay the other regular payments as part of a divorce settlement.

When can a Judge order spousal maintenance?

Maintenance payments can be ordered when a divorce is granted if either party:

• A spouse is convicted of a crime of domestic violence within 2 years of when the divorce was filed (or while the divorce is pending); or

• The couple has been married at least 10 years, the financial resources of the spouse who wants maintenance are limited; and the spouse seeking maintenance:

o Is unable to be self-supporting because of disability, or

o Has custody of a child who requires such care that the spouse cannot work outside the home, or

o Clearly lacks the ability to earn enough to meet his or her minimum needs.

How long can alimony/spousal maintenance payments last?

Maintenance can be ordered for:• 5 years if there was a conviction or deferred adjudication for domestic violence• 5 years if the parties have been married for at least 10 years


• 7 years if the parties have been married for at least 20 years• 10 years if the parties have been married for at least 30 years.• Indefinitely, as long as a spouse is severely disabled and unable to support him or herself

or is caring for a severely disabled child. Texas Family Code Sec. 8.054.

How much can alimony/spousal maintenance payments be?

Maintenance is to be the lessor of $5000 per month or 20% of the paying spouse’s average monthly gross income. Agreements for spousal support are contractual alimony and can be for any duration and any amounts the parties agree to. There may be tax advantages to paying alimony.

If the case is uncontested, do both sides hire a lawyer?

In uncontested cases, usually only one of the spouses hires an attorney to prepare the necessary paperwork. A lawyer can never represent both sides in a divorce. If, for example, the husband hires a lawyer in an uncontested divorce, that lawyer will prepare and file the divorce petition, and draft the waiver of citation and divorce decree. The lawyer will also go to court with the husband to get the divorce approved by the judge.

The wife in this example only needs to read and sign the waiver and the final decree. She may call the husband’s lawyer to ask questions, but she must always bear in mind that the lawyer does not work for her. The wife may want to consult an attorney to make sure the divorce decree is fair to her and truly reflects the settlement the parties have reached.

How is an uncontested divorce handled?

A divorce petition (typically 2 or 3 page document that opens the case with the court) is filed. Then a final divorce decree is prepared and signed by both sides. A Waiver of Service must also be signed by the Respondent (other spouse in the case). There is a 60-day waiting period for divorces in Texas, meaning that a divorce cannot be granted until 60 days after a divorce petition is filed. The final step is to prove up the divorce, which means the husband or wife and a lawyer go to court to get the judge to approve the divorce and sign the decree.

What is a waiver of citation?

In the usual lawsuit, one party files and the other gets served with the suit by a constable or process server. In an uncontested divorce (where saving money is important), the divorce petition is simply given to the other spouse along with a waiver of citation and Final Decree of Divorce. The husband or wife who signs the waiver is merely acknowledging that he or she has received the divorce petition and does not need to be officially served. The waiver also allows the final divorce hearing to be held without that person being.


What is the divorce decree?

The divorce decree is the document signed by the judge granting the divorce. The decree is where the division of property and debts are listed for each party, and provides for each parents rights and duties regarding the child, visitation, child support, etc.

What happens at court when an uncontested divorce is presented?

Only one of the spouses needs to go to court, although both can be present if they want to. Your lawyer will usually schedule the court appearance and notify the court clerk. Some forms must be filled out, especially if child are involved. When your case is called, you and your lawyer approach the bench where the judge sits. The judge will usually be looking over the divorce decree and waiver while your lawyer asks you a few, simple questions including:

Your name Your spouse’s name Texas and county residency Dates of marriage and separation Is there a signed waiver of citation? Is there a signed divorce decree? Is there no hope of reconciliation? Are there child? Is the wife pregnant? Are you asking the court for a divorce?

The judge may ask a few questions, but then he or she will usually say that the divorce is granted. As simple as that, you are divorced. You will need to get a copy of the final, signed divorce decree. If needed, a child support account will need to be set up with the district clerk’s office. A divorce is techniqually not final for 30 days and you cannot remarry before that time without court approval.

How is child custody usually handled?

Texas law assumes that most divorcing parents will be made Joint Managing Conservators of their child. This means the parents share rights and duties, but the child lives with one parent and the other has visitation. Texas presumes a standard visitation schedule will be followed in most cases for a child 3 and over. Parties can agree to terms that differ from the standard visitation order.

What are Joint Managing Conservators (JMC)?

Where there is a JMC both parents are share most of the rights and duties regarding child. Usually, one parent will have the exclusive right to decide where the child lives (primary possession). The other parent will have visitation.


What is Sole Managing Conservator?

In few circumstances, a parent may be a Sole Managing Conservator and the other parent may be the Possessory Conservator (and usually have fewer parental rights) and will have visitation.

What is the Standard Possession Order (SPO) consist of?

The Standard Possession Order for parents who live within 100 miles of each other basically divides holidays evenly between both parents and give the parent with visitation 1st, 3rd, and 5th weekends per month, and two hours on Thursdays during the school year and 30 days in the summer.

What are the rights and duties of parents?

Parental Rights and Duties Awarded in a Texas Child Custody Order

RIGHTS AND DUTIES Each at All Times

Each During Possession

Mother Has Solely

Father Has

Solely



Each Parent Has Individually

The right to receive information from any other parent of the child concerning the health, education, and welfare of the child.

√

The right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child.

√

The right of access to medical, dental, psychological, and educational records of the child.

√

The right to consult with a physician, dentist, or psychologist of the child. √The right to consult with school officials concerning the child's welfare and educational status, including school activities.

√

The right to attend school activities. √The right to be designated on the child's records as a person to be notified in case of an emergency. √


The right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child.

√

The right to manage the estates of the child to the extent the estates have been created by the parent or the parent's family.

√

The duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child.

√

The duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register.

√

The duty of care, control, protection, and reasonable discipline of the child. √The duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure.

√

The right to consent for the child to medical and dental care not involving an invasive procedure. √

RIGHTS AND DUTIES Each at All Times

Each During Possession

Mother Has Solely

Father Has

Solely

Person With Right to Determine

Residence Has, After Consultation with Other Parent



Each Parent Has

Individually

*The right to consent to psychiatric and psychological treatment of the child.*The exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child.The independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child.

√

The independent right to consent to marriage and to enlistment in the armed forces of the United States.

√

*The right to make decisions concerning the child's education.


Except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child.

√

Except when a guardian of the child's estates or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child's estates if the child's action is required by a state, the United States, or a foreign government.

√

*The exclusive right to designate the primary residence of the child.The right to direct the moral and religious training of the child. √

Rights with a * have the available options for that right as listed in the columns.

How is Child Support handled in a divorce?

The parent with visitation is ordered to pay child support to the other parent. Child support is payable until the later of the last child turning 18 or graduating from high school, unless the child dies or marries prior to reaching the age of 18.

What are the child support percentages?

Number of Children

(your case)1 2 3 4 5 6 7

Percentage of Net Resources*Percentage of Net Resources*Percentage of Net Resources*Percentage of Net Resources*Percentage of Net Resources*Percentage of Net Resources*Percentage of Net Resources*

Number ofother

children forwhom the

obligorhas a

duty ofsupport

0 20.00 25.00 30.00 35.00 40.00 40.00 40.00

Number ofother


obligorhas a

duty ofsupport

1 17.50 22.50 27.38 32.20 37.33 37.71 38.00Number ofother


obligorhas a

duty ofsupport

2 16.00 20.63 25.20 30.33 35.43 36.00 36.44Number of

otherchildren forwhom the

obligorhas a

duty ofsupport

3 14.75 19.00 24.00 29.00 34.00 34.67 35.20

Number ofother


obligorhas a

duty ofsupport

4 13.60 18.33 23.14 28.00 32.89 33.60 34.18

Number ofother


obligorhas a

duty ofsupport

5 13.33 17.86 22.50 27.22 32.00 32.73 33.33

Number ofother


obligorhas a

duty ofsupport 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62

Number ofother


obligorhas a

duty ofsupport

7 13.00 17.22 21.60 26.09 30.67 31.38 32.00


∗ Net resources means total monthly income minus social security taxes, income taxes (for a single person with one exemption) and union dues. Income includes 100$ of all wage and salary income, commissions, overtime pay, tips and bonuses, interest income, income from dividends and royalties, self-employment income, net rental income, retirement and pension benefits, trust and annuity payments, capital gains, social security benefits, workers’ compensation and unemployment benefits, interest income from notes and even alimony from an ex-spouse.

How is child support calculated?

Generally, child support is calculated based on the number of children you are supporting. For persons with “net resources” of $7500 a month or less, child support is based on the above guideline percentages.

Monthly Gross Earnings

Employed PersonEmployed Person Self-Employed PersonSelf-Employed Person Steps to Calculate Child Support

Step 1: Calculate Monthly Gross Income. Whenever possible, calculate gross annual income and then divide by 12 to get average monthly gross income. One method is to take the year-to-date pay on the most recent paycheck and divide by the number of weeks so far in the year. Monthly Gross Income:$_______

Step 2: Calculate monthly net income using the A.G. Tax Chart (left). If the monthly gross income falls in between two numbers on the chart, use the percentage for the closest number on the chart (e.g. if monthly gross is $2158, use the percentage for $2200). The net pay calculated using the chart is used even though it is probably different than the actual net pay of the person paying support.Monthly Net Income $_________

Step 3: Calculate Adjusted Monthly Net Resources. Subtract from the monthly net income calculated in Step 2 any amounts being paid for union dues and health insurance for the children (only) by the person who owes child support.Adjusted Monthly Net Income $______

Step 4: Determine Guideline Percentage. See above chart under “What are the child support percentages?”Guideline Percentage ________%

Step 5: Calculate Monthly Child Support Amount. Multiply the Adjusted Net Income (Step 3) by the

Monthly Gross Earnings Monthly Net Percentage Monthly Net Percentage

Steps to Calculate Child Support






$600.00 $554.10 92.35% $515.22 85.87%







$700.00 $646.45 92.35% $601.09 85.87%







$800.00 $738.80 92.35% $686.96 85.87%







$900.00 $824.48 91.61% $772.53 85.84%







$1,000.00 $906.83 90.68% $849.11 84.91%







$1,100.00 $989.18 89.93% $925.67 84.15%







$1,200.00 $1,071.53 89.29% $1,002.25 83.52%







$1,300.00 $1,153.88 88.76% $1,078.83 82.99%







$1,400.00 $1,236.23 88.30% $1,155.41 82.53%







Monthly Gross Income

Employed PersonsEmployed Persons Self-Employed PersonsSelf-Employed Persons








Employed PersonEmployed Person Self-Employed PersonSelf-Employed Person








Monthly Net Percentage Monthly Net Percentage







$1,500.00 $1,318.58 87.91% $1,231.99 82.13%







$1,600.00 $1,399.79 87.49% $1,308.57 81.79%







$1,700.00 $1,477.14 86.89% $1,385.00 81.47%







$1,800.00 $1,554.49 86.36% $1,456.92 80.94%







$1,900.00 $1,631.84 85.89% $1,528.86 80.47%







$2,000.00 $1,709.19 85.46% $1,600.79 80.04%







$2,100.00 $1,786.54 85.07% $1,672.72 79.65%







$2,200.00 $1,863.89 84.72% $1,744.65 79.30%







$2,300.00 $1,941.24 84.40% $1,816.58 78.98%







$2,400.00 $2,018.59 84.11% $1,888.51 78.69%







$2,500.00 $2,095.94 83.84% $1,960.44 78.42%







$2,600.00 $2,173.29 83.59% $2,032.37 78.17%







$2,700.00 $2,250.64 83.36% $2,104.30 77.94%







$2,800.00 $2,327.99 83.14% $2,176.23 77.72%







$2,900.00 $2,405.34 82.94% $2,248.16 77.52%







$3,000.00 $2,482.69 82.76% $2,320.10 77.34%







$3,100.00 $2,560.04 82.58% $2,392.03 77.16%







$3,200.00 $2,637.39 82.42% $2,463.96 77.00%








$3,300.00 $2,714.74 82.26% $2,535.88 76.84%Step 5: Calculate Monthly Child Support Amount. Multiply the Adjusted Net Income (Step 3) by the Guidelines Percentage (Step 4) to find out how much is owed each month for child support.Monthly Child Support $_______

Calculating Child Support if Monthly Net Income Exceeds

$7500For those whose monthly “net resources” are greater than $7500 per month, the guidelines percentages will apply to the first $7500 and any additional support must be based on the incomes of the parents and the actual needs of the children. If the child’s proven needs exceeds the amount calculated on the first $7500, the remaining amount of proven needs is allocated between the parties “according to the circumstances of the parties.” The support ordered cannot exceed 100% of the child’s proven needs.

$3,400.00 $2,792.09 82.12% $2,607.81 76.70%

Step 5: Calculate Monthly Child Support Amount. Multiply the Adjusted Net Income (Step 3) by the Guidelines Percentage (Step 4) to find out how much is owed each month for child support.Monthly Child Support $_______



$3,600.00 $2,946.79 81.86% $2,751.68 76.44%




$3,700.00 $3,024.14 81.73% $2,823.61 76.31%




$3,800.00 $3,101.49 81.62% $2,895.54 76.20%




$3,900.00 $3,174.25 81.39% $2,967.47 76.09%




$4,000.00 $3,241.60 81.04% $3,039.39 75.98%




$4,250.00 $3,409.97 80.23% $3,209.67 75.52%




$4,500.00 $3,578.35 79.52% $3,366.25 74.81%




$4,750.00 $3,746.72 78.88% $3,522.85 74.17%




$5,000.00 $3,915.10 78.30% $3,679.43 73.59%




$5,250.00 $4,083.47 77.78% $3,836.03 73.07%




$5,500.00 $4,251.85 77.31% $3,992.62 72.59%




$5,750.00 $4,420.22 76.87% $4,149.21 72.16%




$6,000.00 $4,588.60 76.48% $4,305.81 71.76%




$6,250.00 $4,756.97 76.11% $4,462.40 71.40%




$6,500.00 $4,925.35 75.77% $4,618.99 71.06%




$6,750.00 $5,093.72 75.46% $4,775.57 70.75%



$7500For those whose monthly “net resources” are greater than $7500 per month, the guidelines percentages will apply to the first $7500 and any additional support must be based on the incomes of the parents and the actual needs of the children. If the child’s proven needs exceeds the amount calculated on the first $7500, the remaining amount of proven needs is allocated between the parties “according to the circumstances of the parties.” The support ordered cannot exceed 100% of the child’s proven needs.$7,000.00 $5,262.10 75.17% $4,932.17 70.46%




$7,500.00 $5,598.85 74.65% $5,245.35 69.94%








Monthly Gross Income Employed PersonEmployed Person Self-Employed PersonSelf-Employed Person





Monthly Net Percentage Monthly Net Percentage




$8,000.00 $5,935.60 74.20% $6,777.08 84.71%




$8,500.00 $6,261.98 73.67% $5,871.72 69.08%




$9,000.00 $6,583.73 73.15% $6,178.60 68.65%




$9,500.00 $6,907.03 72.71% $6,477.85 68.19%




$10,000.00 $7,259.78 72.60% $6,777.08 67.77%




$10,340.50 $7,500.00 72.53%




$10,500.00 $7,099.97 67.62%




$11,000.00 $7,448.46 67.71%




$11,073.95 $7,500.00 67.73%




Who pays for health insurance for my child?

In most cases, the parent who pays child support also provides or pays for the child’s health insurance. Parents split uninsured medical expenses 50% to each parent, unless another division is agreed upon.


CONTRACT OF EMPLOYMENTUncontested Divorce – Flat Fee $____

This Contract is between: _______________________________ (“Client”) and Kimberly D. Creel (“Attorney”) and describes the terms of the Attorney’s representation of Client in a uncontested ___________________ action between Client and ____________________ filed or to be filed in the appropriate court of __________________ County, Texas.

Client understands the following conditions regarding employment of the Attorney in this case:

1. Date of Employment: The date of actual employment of the Attorney is _____________ and Client fully understands the Attorney accepts no responsibility or liability of any nature for any matters related to this cause which precede the date of this Agreement.

2. No Promises: No promises or representations have been made by the Attorney regarding the outcome of this case. The attorney has not guaranteed the outcome of the case, or of any hearing or trial. Client understands that any prediction about how a court will rule or the opposition will act is an opinion and not a guarantee or warranty.

3. What Client Will Pay: Client understands that the legal services to be rendered by the Attorney are conditioned upon the terms of this agreement including, payment of the following to the Attorney, as set forth in detail below:

1. Attorney’s Fees, which are paid for the work performed by the Attorney; 2. Expenses, which are amounts paid by the Attorney to others or expenses incurred by the

Attorney to pursue Client’s case, such as filing fees.

4. Fee Schedule:a. Divorce:

• $400.00 No Children, No Real Estate, No Retirement + $262.00 (Harris County) or + $286.00 (Galveston County) filing fee

• $550.00 Children and/or Real Estate and/or Retirement + $290.00 (Harris County) or + $286.00 (Galveston County) filing fee

o Standard Possession Order under/over 100 miles per Texas Family Codeo 1 Special Warranty Deed/1 Deed of Trust to Secure Assumption Includedo Retirement language onlyo Wage Withholding Order for Child Support


• $350.00 For each Qualified Domestic Relations Order o Client must obtain the Retirement Plan Administrator’s Requirement for QDROs

governing their plans, prior to any Qualified Domestic Relations Order being prepared.

b. Other Uncontested Family Matters:• $300 Agreed Motion to Modify Parent-Child Relationship + filing fee• $450.00 Agreed Suit Affecting Parent-Child Relationship + filing fee

c. Independent Administration-Will Probate• $550.00 Application to Probate Will (Uncontested) + filing fee

5. Attorney’s Fees: The Attorney agrees to represent Client in the legal action described

above for the following flat fee of $________ which includes the following:a. Included services: filing fees of _________, preparation and filing of Original

Petition, Wage Withholding from Earnings for Child Support, 2 real estate Deeds, (Special Warranty Deed, Deed of Trust to Secure Assumption) preparation of Final Orders (ie Final Decree of Divorce, Order in Suit Affecting Parent Child Relationship), 3 communications with attorney via phone calls (during regular business hours), unlimited email communications, and one final prove up hearing.

b. Services Not Included: Service of Process, Discovery, Mediation, Matters involving another attorney, or Final Trial.

c. Probate Services include: preparation and filing of Application to Probate Will-Independent Executor Named, Order Probating Will and for Letters Testamentary, Notice to Creditors, Oath of Executor, Proof of Death and Other facts, Inventory, Appraisement and List of Claims

ALL PAID FEES ARE NON-REFUNDABLE AND DUE UPFRONT. ALL CONTRACTED FEES ARE DUE UNDER ALL CIRCUMSTANCES, INCLUDING RECONCILIATION. WE DO NOT PROVIDE ITEMIZED BILLS FOR FLAT FEE CONTRACTS. IF YOU ARE MAKING PAYMENTS, YOU AGREE TO PROVIDE US WITH A CREDIT CARD NUMBER AND AGREE TO ALLOW US TO CHARGE ALL UNPAID FEES TO THIS ACCOUNT, DURING OR AFTER REPRESENTATION.

6. Uncontested Matters: This contract assumes that Client’s legal matter will be uncontested. In order for a matter to be uncontested the parties must agree to all terms and sign all needed documents, so that service is not required on a party and without need of a contested court hearing or trial. If this case becomes contested, or if a party refuses to agree to all terms or refuses to sign any needed paper or it becomes necessary to obtain a temporary restraining order, protective order or otherwise file a motion or go to court for a contested issue, Client agrees that Attorney may withdraw as Client’s attorney if this case is anything other than uncontested.


7. Withdrawal from Employment: Client fully understands that the Attorney may withdraw from representation in the event Client:

a. No longer has an uncontested matter;b. Personally seeks to pursue an illegal course of conduct or requests that the

Attorney pursue a course of conduct which is illegal or prohibited under the disciplinary rules;

c. By other conduct that renders it unreasonably difficult for the Attorney to represent Client;

d. Insists that the Attorney engage in conduct which is contrary to the judgment or advice of the Attorney; or

e. Disregards an agreement with the Attorney as to fees, or services, costs or expenses rendered.

8. This Contract and Agreement does not include presentation of this case to any Appellate Court. In the event an appeal or application for writs of mandamus or habeas corpus appears necessary, Client and the Attorney will consider such matters as a separate and distinct matter requiring Client to hire new counsel to represent Client in such a matter.

9. The Attorney’s representation of Client does not include rendering tax advice to Client. Client must seek tax advice from Client’s accountant or other independent financial advisor.

10. General Provisions: The place of performance of this agreement is in Harris County, Texas. All fees and expenses are payable at the address of Attorney. This written contract contains the entire agreement of the parties. There are no terms of agreement that are not contained in this written contract. The law of Texas shall govern the construction and application of this agreement.

11. This agreement is subject to binding arbitration: If any party to this agreement has a dispute or claim again the other party or anyone employed under this agreement, and the dispute or claim arises out of, is related to, or concerns any aspect of this agreement or the services performed or not performed under this agreement, or the duties owed by the Attorney to Client or by Client to the Attorney, all such disputes or claims shall be submitted to binding arbitration. Any such arbitration shall be held in Harris County, Texas, and no legal proceedings may be instituted by any party to this agreement against any other party to this agreement except to enforce the award of the arbitrator or to


preserve the jurisdiction of any court with existing jurisdiction of any of the parties, whether related or not to this agreement.

Unless the parties to this agreement can mutually agree on a neutral arbitrator, a neutral arbitrator shall be selected by the then presiding judge of the Probate Court No. 1 of Harris County, Texas.

The arbitrator shall notify all parties and set a date, time, and place for the arbitration hearing. The arbitrator’s decision shall be based on evidence submitted and governed by the Texas Rules of Civil Procedure, Texas Rules of Civil Evidence, and statutory and case law. The decisions shall be based on a preponderance of the evidence. Notification of the details of the hearing shall be mailed to the addresses the parties provide to the arbitrator. The notice shall be postage prepaid and deemed received within five days from deposit with the United States Postal Service. No hearing shall be had sooner than fifteen days from the date of mailing the notice. The arbitration fees shall be deemed costs of court and paid as provided in the Texas Rules of Civil Procedure. If the parties employ attorneys to represent them in the arbitration, the arbitrator shall be authorized to award reasonable attorney’s fees for the proceedings and for any appeal.

On the date of the arbitration hearing, the arbitrator shall proceed to hear the dispute or claim, whether or not all parties to the arbitration appear, and on the conclusion of the facts and evidence presented make an award. THE AWARD SHALL BE FINAL AND BINDING ON ALL PARTIES AND SHALL NOT BE APPEALABLE.

12. Privacy Policy: As the State of Texas requires reporting of your social security number in any divorce in which children are involved, we request your social security number at the time that you retain Attorney. Attorney is careful to insure that only she shall have access to your social security number, and that this information is shared with no on other the court in which your final papers must be filed. At the conclusion of your case, your file, containing your social security number, is will be available for pick up or shredded at your request. At no time will anyone other than Attorney have access to your personal information.

This Agreement is SIGNED this _______ day of _________, 20___.CLIENT: X__________________________________ATTORNEY: X_______________________________

REQUIRED NOTICE TO CLIENTS: The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas Attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide you with information about how to file a complaint. For more information, please call 1-800-932-1900. This is a toll-free phone call.


UNCONTESTED DIVORCE PACKET INSTRUCTIONS

I apologize for all the forms and paperwork, but everything in this packet is necessary for me to help you with the completion of your uncontested divorce. Please follow these instructions carefully. If you live in Harris County, ignore the instructions in the box. The instructions inside the box apply to Galveston County residents only.

1. Read and keep all of the information unless marked “RETURN”. Fill out and return all forms marked “RETURN”.

2. Read the enclosed letter. It will tell you what to expect of me and of how your divorce will proceed.

3. Read the enclosed “Divorce Questions & Answers”. It explains what an uncontested divorce is, describes the divorce process and answers most common questions.

4. Carefully read, completely fill out, and sign the following forms:

1. Contract for Employment – Sign after you have read it carefully and fully understand it. 2. Uncontested Divorce Information Form – please fill out and return with the completed

contract for employment.

Attend the “For Kid’s Sake” Parenting Education Class – Galveston County requires Both parents involved in a divorce where there are minor children to attend this parenting education seminar prior to the completion of the suit. A schedule is included in this package. Make arrangements to enroll at your earliest convenience since classes are subject to availability.


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