Family Law Fee Structure
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West, Webb, Allbritton & Gentry, P.C. understands that our clients' needs may vary. We have several different flat rate and hourly fee structures available, so that we may customize our representation of you in your divorce. Please contact our office to discuss which of these plans best fit you.
WEST, WEBB, ALLBRITTON & GENTRY, P.C. (THE "FIRM") is available for representation in family law matters throughout the State of Texas. Flat Fees1 are available in Brazos and surrounding counties.2
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Uncontested Divorces3 |
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Contested Divorces |
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Extra Attorneys Fees |
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NOTE TO CLIENTS: Uncontested Flat Fees are only an option if you and your spouse agree on EVERYTHING. If a dispute arises regarding any aspect of the divorce, your case will be considered contested and will be moved to one of our CONTESTED plans. No additional work will be undertaken until you sign a new contract of representation, and if applicable, pay additional fees and/or a retainer. If your case becomes contested, you will receive credit for the Flat Fee already paid.
Option 1 - Uncontested, No children: $1,500.00 plus filing fees and extra document fees, as applicable. This option includes the following services:
- Initial meeting
- Drafting the Original Pleading (Original Petition, Answer or Counter-Petition), Waiver of Citation, Final Decree, and Bureau of Vital Statistics Form 165 (required by the State of Texas)
- Letter from attorney to spouse with the Waiver of Citation
- Legal advice/support by telephone or email during pendency of the case
- Attorney appearance at Court for "prove up"
- Copies of all documents
Other documents will be prepared based on "Extra Attorneys' Fees: Per Document Prices Table," in addition to the $1,500.00 flat fee. No work will be undertaken except for the initial meeting until the filing fee and $1,500.00 flat fee are paid and a contract is executed.
Option 2 - Uncontested, With Children: $2,000.00 plus filing fees and extra document fees, as applicable. This option includes the following services:
- Initial meeting
- Drafting the Original Pleading (Original Petition, Answer or Counter-Petition), Waiver of Citation, Agreed Temporary Orders if appropriate, Final Decree, Bureau of Vital Statistics Form 165 (required by the State of Texas), and Employer's Withholding Order
- Letter from attorney to spouse with the Waiver of Citation
- Legal advice/support by telephone or email during pendency of the case
- Attorney appearance at Court for "prove up"
- Copies of all documents
Other documents will be prepared based on "Extra Attorneys' Fees: Per Document Prices Table," in addition to the $2,000.00 flat fee. No work will be undertaken except for the initial meeting until the filing fee and $2,000.00 flat fee are paid and a contract is executed.
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We offer several Flat Fee plans for contested divorces. These plans allow you to select an option that is affordable and will meet your needs. The Flat Fee varies, depending on the litigation strategy, and whether your matter is settled informally prior to mediation or trial, or after mediation, trial, or both. The categories are described in detail on the "Contested Divorce Table." The lowest number, or "floor," is the lowest amount that you will pay in each plan; the larger number is the "ceiling," and you will not pay more than the ceiling, except as indicated for extra expenses as described in the footnotes below.
- Simple: $2,250.00 (floor) - $5,750.00 (ceiling)
- Moderate: $4,500.00 (floor) - $11,250.00 (ceiling)
- Complex: $7,000.00 (floor) - $18,250.00 (ceiling)
- Very Complex: Hourly. A $10,000.00 to $25,000.00 retainer is required to begin a very complex case. The exact amount of the retainer will be determined after consultation with your attorney. Additional retainers may be required after the initial retainer is exhausted.
NOTE: Any case in which custody of children is at issue is considered a Very Complex Case.
How it works:
- You begin in either the "Simple," "Moderate," "Complex," or "Very Complex" [hourly] category of case assistance. Each category is divided into phases that correspond with the procedural stage of your case.
- In every category, you pay the Firm the charge for Phase 1 when we begin working on your case.
- You must pay for Phases 2 and 3 before we begin work on those next phases of your case.
- The services offered under each category vary depending on the complexity of your case. If at any time you wish us to do more, your case will be moved into the next category.
- Once the complexity of a case is increased, it will not be moved back down in complexity to a lower category.
- We recognize that each case is different and may require additional services that are not provided in the Flat Fee plan. A schedule of the cost for some of these services is attached for your review; others may be added based on the unique circumstances of your divorce.
- Your payment of the Flat Fee includes preparation of the Final Decree. However, additional documents and costs for unanticipated Court appearances will depend upon the specifics of your case. Flat Fees do not include expenses such as: process server fees; filing fees; court reporter/videographer fees; mediator fees; expert witness fees; or expenses related to attending trial or mediation.
- If either you, or the opposing party, takes action that increase the complexity of your case, it will be moved to the next category and no additional work will be undertaken until you sign a new contract of representation and pay additional fees, if applicable. The Firm reserves the right to withdraw from representation if fees are not paid or if you are unwilling or unable to pay for the next phase of representation.
- Flat Fees are not a retainer; they are due at the beginning of each phase of the case and are earned on payment. Very Complex cases are hourly and require a $10,000.00 - $25,000.00 retainer against which hourly fees and expenses will be billed. Additional retainers may be required if the initial retainer is exhausted. If a case becomes "Very Complex" mid-divorce, you must then pay an appropriate retainer. No additional work will be undertaken until you sign a new contract of representation and pay the retainer.
| CONTESTED CASES TABLE |
Simple $2,250.006 - $5,750.007 |
Moderate $4,500.006 - $11,250.007 |
Complex $7,000.006-$18,250.007 |
Very Complex (Hourly-retainer required)8 |
| Phase 1: Pre-Trial |
Phase 1 - $2,250.00:
- Original Pleading (Original Petition or Answer/ Counter-Petition)
- Waiver of Citation
- Informal Settlement Negotiations
- Final Decree
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Phase 1 - $4,500.00:
- Original Pleading
- Waiver of Citation
- Informal Settlement Negotiations
- Final Decree
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Phase 1 - $7,000.00:
- Original Pleading
- Waiver of Citation
- Temporary Restraining Order
- Informal Settlement Negotiations
- Final Decree
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Hourly:
- Original Pleading
- Waiver of Citation
- Temporary Restraining Order
- Informal Settlement Negotiations
- Final Decree
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- Temporary Orders
- Attend hearing or mediation
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- Temporary Orders
- Attend hearing or mediation
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- Written discovery only (interrogatories, request for production, request for disclosure)
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- Written discovery
- Depositions of parties
- Discovery related to value of business(es) owned by parties
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- Written discovery
- Depositions of parties
- Depositions of 2+ other witnesses
- Expert business appraisal
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| Phase 2: Mediation10, 11 |
$1,250.00 half day10, 11
$1,750.00 full day10, 11
- Includes prep time and attendance at mediation
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$2,250.00 half day10, 11
$3,250.00 full day10, 11
- Includes prep time and attendance at mediation
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$3,250.00 half day10, 11
$4,250.00 full day10, 11
- Includes prep time and attendance at mediation
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Hourly
- Includes prep time and attendance at mediation
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| Phase 3: Trial10, 11 |
$1,250.00 half day10, 11
$1,750.00 full day10, 11
- Parties as only witnesses
- Includes prep time and attendance at trial
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$2,500.00 half day10, 11
$3,500.00 full day10, 11
- Parties as only witnesses
- Includes prep time and attendance at trial
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$5,250.00 half day10, 11
$7,000.00 full day10, 11
- Parties and 1-2 others as only witnesses
- Includes prep time and attendance at trial
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Hourly
- 2+ other witnesses or ANY expert witnesses
- Includes prep time and attendance at trial
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EXTRA ATTORNEYS' FEES: PER DOCUMENT PRICES TABLE
- Prices apply to documents drafted during the period of time to obtain the final divorce; documents requested post-divorce are subject to an hourly rate charge.
- Prices do NOT include any filing fees which may be required.
- Extra document prices do not apply to Very Complex Cases (Very Complex Cases are Hourly)
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| General/Special Warranty Deed12 |
$150.00 per document |
| Deed of Trust13 |
$175.00 per document |
| Power of Attorney ("POA") - Used to transfer the title to a motor vehicle or for the sale of real estate. |
$125.00 per POA |
| Qualified Domestic Relations Order ("QDRO")14 - This does not include fees the QDRO plan administrator may charge for document review. |
$800.00 per QDRO |
| Letter of Instruction - Used to transfer assets |
$200.00 |
If your Spouse cannot be located, you are responsible for filing fees and any ad litem fees including but not limited to:
- Attorneys' Affidavit of Last Known Address
- Client's Affidavit
- Citation by Publication
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1. $200.00
2. $200.00
3. (cost varies)
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| Withholding Order15 - Used to withhold child and/or medical support, spousal support, and other support from the paycheck of the party ordered by the Judge to pay said support. |
$250.00 |
| Owelty Partition Agreement and Owelty Deed12 - Used to equally divide the property when one party cannot buy the other's interest outright. |
$300.00 |
| Stock Purchase Agreement - Used to transfer interest in an entity. |
$200.00 |
Corporate Minutes - Used to reflect transfer/sale of family owned business interest(s). Note: Updating corporate books beyond minutes required to transfer an interest in the business entity will be charged at an hourly rate. Please consult with the Firm concerning applicable hourly rates. |
$200.00 |
If you wish to have a document revised AFTER it has been drafted, the Firm will make the first revision free of charge. ANY ADDITIONAL REVISIONS WILL BE CHARGED TO YOU BASED ON THE ATTORNEYS' AND/OR PARALEGAL'S HOURLY RATE AND ARE NOT INCLUDED IN THE FLAT FEE PRICE.
EXTRA ATTORNEYS' FEES and COSTS TABLE
Extra Fees and Costs do not apply to Very Complex Cases.
Very Complex Cases are hourly and all expenses are billed as incurred.
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Motion to Compel Opposing Party- Draft Motion and appear at hearing
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$500.00 |
Response to Motion to Compel- Used if you are not complying with discovery requests
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Hourly |
Motion/Response to Motion for Payment of Attorneys' Fees- Draft and appear at hearing
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$500.00 |
| Private Investigation |
$200.00 plus private investigator's fees and expenses |
| Asset Search |
$200.00 plus investigator's fees and expenses |
| Additional Depositions |
$1,000.00 per person being deposed plus court reporter costs |
| Expert Witness |
$500.00 attorneys' fees plus expert fee (varies by expert) |
| Expert Depositions |
$2,500.00 plus expert fee, plus court reporter fee |
| Service of Process |
Cost of service |
| Court Reporter Fees |
Varies by court reporter |
| Videographer |
Varies |
| Mediator Fees |
Varies by mediator |
| Filing Fees |
Varies by County |
Motion for Social Study or Home Study or Psychological Exam- Draft and appear at hearing
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$500.00 |
| Social Study or Home Study or Psychological Exam |
$200.00 plus cost of professional |
Other Motions and Hearings- Draft and appear at hearing
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Hourly |
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1"Flat Fee" means that you pay one amount for the entire representation. Extra amounts such as filing fees, third-party expenses, and cost to draft extra documents are additional expenses, not covered in the Flat Fee. Some counties order all divorce cases to mediation. If your case is ordered to mediation, mediation and expenses will be calculated based on the "Contested Case Table" in consultation with your attorney.
2Some counties will not assign preferential setting times to ensure when your matter will be heard. In those instances, a one-time additional surcharge of not more than $200.00 will be added to the Flat Fee. Please check with the Firm to determine if a surcharge will apply to your case.
3The Flat Fee includes the cost to draft only the documents listed above. For additional expenses that may be incurred during the pendency of the divorce, see "Extra Attorneys' Fees: Per Document Prices Table." PLEASE ALSO NOTE that filing fees to file your case at the Courthouse are NOT included in Flat Fee price and are set by law.
4"Flat Fee" means that you pay one amount for the entire representation. Extra amounts such as filing fees, third-party expenses, and extra documents are extra expenses and are not covered in the Flat Fee.
5Process server fees, mediator fees, expert witness fees, filing fees, court reporter fees, and other such third-party expenses are NOT included in these ranges. Extra half or full mediation or trial days will necessitate additional attorneys' fees. See "Extra Attorneys' Fees: Per Document Prices Table" and "Extra Attorneys' Fees and Costs Table" for other costs that may be incurred during the pendency of the divorce.
6"Floor": The minimum amount of attorneys' fees you will pay.
7"Ceiling" or "Cap": The maximum amount of attorneys' fees you will pay except for third-party extra expenses, extra document expenses, and extra trial or mediation days. See "Extra Attorneys' Fees: Per Document Prices Table" and "Extra Attorneys Fees and Expenses Table" for more detailed information.
8Any divorce involving a custody dispute is considered a VERY COMPLEX CASE.
9Please consult with the Firm regarding an appropriate retainer amount and applicable hourly charges.
10These charges are for attorneys' fees only. Mediators' fees and other out-of-pocket expenses such as expenses related to attending mediation or trial are an additional expense.
11Each additional half or full day at mediation or trial will necessitate an additional fee of like amount.
12Deeds which include royalty interests, life estate, or other complex drafting may be subject to an hourly charge. Please consult your attorney.
13This amount charged applies only to loans for amounts less than $1 million. Costs related to loans greater than $1 million will be determined in consultation with your attorney.
14This document is used to transfer your interest in your spouse's retirement plan.
15The Withholding Order extra price does not apply in uncontested divorces with children because this document is considered to be a part of the Flat Fee for an uncontested divorce with children. It does apply as an extra charge to all contested divorces.
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