AFFORDABLE DIVORCE & FAMILY LAW

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1 GARY A. HINCHMAN ATTORNEY AT LAW North Freeway SUITE #517 HOUSTON, TEXAS (281) DIVORCE OR DIVORCE FAX: AFFORDABLE DIVORCE & FAMILY LAW Thank you for calling 281-DIVORCE and inquiring about Affordable Divorce and other Family Law matters. Listed below is a brief summary of the services we provide: Adoption, Alimony, Annulment, Attorney General Cases, Bill of Review, Child Custody, Child Support, Contempt, Divorce (Uncontested), Divorce (Contested), Divorce (Publication), Enforcement, Grandparent Access, Guardianship, Injunction, Modification, Name Change, Paternity, Personal Injury, Post Marital Agreements, Property Damage, Protective Orders, Pre-Marital Agreements, Property & Debt Division, Restraining Orders, SAPCR, Special Warranty Deed, Termination, Visitation, Wills, Wrongful Death. Divorce is the bulk of our business. In Texas, there is Uncontested Divorce, Contested Divorce, and Divorce by Publication. We handle all three types of divorce and for your convenience, all of them can be accomplished by , Fax, Regular Mail, or by a conventional office visit. Uncontested Divorce tends to be the quickest, least expensive, and least complicated way to divorce in Texas. To qualify, the spouses must 1. Agree to be divorced and 2. Reach an agreement on all issues and 3. Utilize one attorney only and 4. Voluntarily sign all papers without service on any party. Simply put, a Contested Divorce situation exists when one or more requirements listed above are absent. Divorce by Publication is available to those individuals seeking divorce with no knowledge of their spouse s whereabouts. To get started, please mail, fax, or the completed client questionnaire and divorce fee contract to me along with your cashier s check, certified check, money order, personal check, or credit card authorization in the amount of your total fees. After your divorce is final, certified copies of your Divorce Decree can be obtained from the district clerk s office in the county where your divorce occurred. In Harris County, you may obtain the certified copies at 201 Caroline, 2nd floor, certified copy window, for $1.00 per page. We provide unofficial copies only. If you want us to order the certified copies for you, there is an additional charge of $ As we have discussed, I cannot guarantee any expected outcome or conclusion of the legal matter due to numerous and complicated factors which are beyond my control. I will, however, within the bounds of legal ethics, provide reasonable and competent services to represent and protect your legal interests. 1

2 You agree to keep my office advised of your home, business, and cell phone numbers and a current address so that I can locate you during the day or evening hours. If the matter involves litigation, you may be required to attend Court appearances and comply with discovery requests and deposition notices. If the matter requires negotiation, I will negotiate with the opposing party on your behalf in order to settle or resolve the dispute. I will not conclude or settle the matter without your approval. Please do not communicate with any of the parties, witnesses or attorneys in the case without my involvement. If my representation is to collect money owed to you, you grant me a lien on the claim or cause of action and upon any sum of money or property to be recovered in order to secure any unpaid attorney's fees or costs incurred. All monies collected shall be disbursed through my office. This Law Office does not charge hourly rates. It is our office policy to require payment of flat fees or progressive flat fees. This flat fee payment is non-refundable once paid and is considered fully earned upon receipt of payment from client. We do not itemized bills because we do not charge by the hour. Please be advised that any work which is not included in the flat fee is due at time the service is rendered. Client agrees that Gary A. Hinchman and/or any of his associate attorneys may represent client in court on clients court dates. Depending on the out-of-pocket expenses anticipated in handling the matter, you agree to pay those reasonable expenses. If payments are not made promptly to me as requested, I reserve the right to immediately withdraw from representing you in any and all matters that the law office is handling. You agree to the withdrawal. All monies owed hereunder are to be paid at my office at North Freeway, Suite 517, Houston, Texas 77060, unless otherwise instructed by my office. You authorize me with your Power of Attorney to sign Court or other legal documents which may be required in the course of the case. Also, you also will designate my law office as your Attorney-at-Law and In-Fact to act in your name, sign legal pleadings on your behalf and to perform the acts necessary and appropriate to effect the above described legal representation. TAX DISCLOSURE AND ACKNOWLEDGMENT: THE CLIENT IS ADVISED TO OBTAIN INDEPENDENT AND COMPETENT TAX ADVICE REGARDING LEGAL AND BUSINESS MATTERS SINCE LEGAL AND BUSINESS TRANSACTIONS CAN GIVE RISE TO TAX CONSEQUENCES. THE UNDERSIGNED LAW OFFICE AND ATTORNEY HAVE NOT AGREED TO RENDER ANY TAX ADVICE AND ARE NOT RESPONSIBLE FOR ANY ADVICE REGARDING TAX MATTERS OR 2

3 PREPARATION OF TAX RETURNS, OR OTHER FILINGS, INCLUDING, BUT NOT LIMITED TO, STATE AND FEDERAL INCOME AND INHERITANCE TAX RETURNS. FURTHERMORE, THE CLIENT SHOULD OBTAIN PROFESSIONAL HELP REGARDING THE VALUATION AND LOCATION OF ALL ASSETS WHICH MAY BE THE SUBJECT OF A LEGAL MATTER INCLUDING BUT NOT LIMITED TO: PROPERTY OF ANY ESTATE, PENSIONS, EMPLOYMENT BENEFIT AND PROFIT SHARING RIGHTS THAT MAY BE CONTROLLED BY ANY OTHER PARTY TO THE LEGAL MATTER. Please sign in the space provided below so that I may begin working on your behalf. I appreciate your trust in my law office and look forward to working with you. If you have any questions concerning my fees or this legal matter, please call me at (281) DIVORCE. Very truly yours, GARY A. HINCHMAN Signed on this day of, Client Signed on this day of, BY: GARY A. HINCHMAN Texas Bar No

4 AFFORDABLE DIVORCE CLIENT QUESTIONNAIRE (281) DIVORCE DIVORCE Fax: (281) Full name: Sex (M/F): Date of birth: Age: City, State, and Country where born: Race: Social Security number: Driver's license number: Address: City: County: State: Zip: Home phone: Business Phone: Cell: Employer: Street address: City, state, zip: About your spouse or ex-spouse: Full name: Sex (M/F): Date of birth: Age: City, State, and Country where born: Race: Social Security number: Driver's license number: Address: City: County: State: Zip: Home phone: Business phone: Cell: Employer: Street address: City, state, zip: About your children: Name: Sex (M/F): Date of birth: Age: Place of birth: Social Security number: Name: Sex (M/F): Date of birth: Age: Place of birth: Social Security number: Name: Sex (M/F): Date of birth: Age: Place of birth: Social Security number: Do children reside with mother or father? Were any children fathered by a man other than your husband? About your marriage and separation: Date of marriage: City & State of marriage: Please state date of separation: Wife s maiden name: Is wife expecting? The following additional services are available at $ each: 4

5 Name change to prior name: Waive 30 day waiting period before remarriage: Obtain a certified copy of your divorce decree: The following additional service is available at $ : Rush Petition (one week filing) & Rush Typing (one week service): COUNTY YOU HAVE RESIDED IN FOR PAST SIX MONTHS: How did you hear about us? Yellow Pages Referral Greensheet Internet Billboard Do you or your spouse or your children have any potential or outstanding Personal Injury Claims existing at this time? DIVORCE CHECKLIST Please consider the following when arriving at your agreements regarding minor children and the division of your marital estate. The list, of course, is not an exhaustive and complete list given the obvious fact that each marriage can and normally does present your attorney with factors and variables that are unique to your own particular circumstances. You should take great care to include items in the decree that are not on my checklist. As far as uncontested divorces are concerned, the 9/1/95 Family Code changes require that both spouses will be considered Joint Managing Conservators. However, one of you will be given the right to determine the residence of the child or children. Parent education is required in all cases involving children, with one of the following agencies: Children Cope (713) 952-COPE, Families & Divorce (713) , or ONLINE at en espanolwww.padrespositivos.com. You must call and register for a class or take it online before a court date can be set. Montgomery County CHILD CONSERVATORSHIP AND SUPPORT 1. Custodial arrangements for the minor children - Primary Joint-Managing Conservator -- Spouse that determines the child s residence Spouse that does not have primary custody 2. Standard Visitation Guidelines are already established by Texas Family Code. 3. Spouse that provides medical insurance covering child and spouse who is financially responsible Uninsured medical bills are split 50/50 between the parties unless specified otherwise. 4. Who pays child support? A. Total amount per month B. Starting date (normally, the 1 st of each month) C. Decree must state payment to be made through local Child Support Office. D. Do you want the child support withheld through the Employer? If yes, we will prepare the Employer s Wage Withholding Order, and you will set up the Order on the day of your divorce for a $15.00 court fee. (Go to the ground floor level). 5. Who claims income tax exemptions for the minor children? 6. Do parties want a geographical restriction? DIVISION OF MARITAL ESTATE 5

6 1. Who is awarded the real estate property and debt associated with the property (include physical address) LEGAL DESCRIPTION AND PHYSICAL ADDRESS MUST BE PROVIDED BEFORE DEED PREPARATION: Who is the debt paid to? What is the original sum of purchase? What date did you purchase the real property? Deed of Trust is recorded under file # film code # and/or loan # Is the real estate to be sold? If so, who retains the property until sold? Who pays payments and repairs until sold? Are the net proceeds to be divided? If so, how are the net proceeds to be divided? 2. Who is awarded possession of the motor vehicles, including trailers and boats. List year, make, model, and VIN s? List who the car note is paid to for each vehicle. 1.) 2.) 3.) 3. Tangible Personal Property: Each party is awarded all household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, equipment, clothing, jewelry, and other personal effects in possession unless otherwise specified. 4. Each party is awarded all sums of cash and bank accounts, stocks and bonds, which stand in the parties sole name, unless otherwise specified. 5. Each party is awarded all sums and rights to profit-sharing plan, retirement plan, pension plan, 401(k) plan, employee savings plan, etc., existing by reason of that person s employment, unless otherwise specified. IF RETIREMENT IS TO BE DIVIDED, YOU MUST PROVIDE THE PHONE NUMBER FOR THE PLAN ADMINISTRATOR, AND ANY PLAN INFORMATION BEFORE PREPARATION OF ANY QDRO. 1.) 2.) 6. Each party is awarded own life insurance policies, unless otherwise specified. List name of policy, policy number, and the beneficiary. 7. Who is awarded credit card(s) and assumption of debt associated with card? List the name of credit card, account number, and balance. 1.) 2.) 3.) 4.) 8. Each party assumes all debts, charges, liabilities, and obligations incurred solely by them from the date of separation through the date of divorce unless otherwise specified. 9. Is there any Separate property? (property owned by the spouse before marriage, acquired by gift or recovery for personal injury) 10. Both parties shall be equally responsible for all federal income tax liabilities from the date of marriage through the date of divorce, and each party shall file an individual income tax return for the year of divorce unless otherwise specified. 6

7 11. Does wife want her name changed to a former legal name. If so, what name 12. Neither party to a divorce may marry a third party before the 31 st day after the date the divorce is decreed. Would you like the court to waive the prohibition against remarriage to either or both spouses? husband s signature- (optional- not needed) wife s signature- (optional- not needed) The Agreed To Divorce UNCONTESTED FEE CONTRACT ALL UNCONTESTED MATTERS INCLUDE FILING FEES,PETITION, WAIVER, FINAL DECREE OF DIVORCE, AND ONE HEARING. DOES NOT INCLUDE: SERVICE, DISCOVERY, MEDIATION, MATTERS INVOLVING ANOTHER ATTORNEY OR FINAL TRIAL. TO KEEP A DIVORCE UNCONTESTED, PARTIES MUST AGREE ON ALL MATTERS, USE ONE LAWYER, AND VOLUNTARILY SIGN ALL PAPERS SO THAT SERVICE IS NOT REQUIRED ON ANY SPOUSE. IF YOU START OUT UNCONTESTED AND AN AGREEMENT CANNOT BE REACHED, THE CONNVERSION FEE TO A CONTESTED DIVORCE IS $ (WHICH PAYS YOUR MINIMUM CONTESTED FEE ONLY.) INT. I. SIGNATURE DIVORCE $ NO Children, NO Real Estate or Selling Real Estate, (NO DEEDS NEEDED), NO Retirement II. BASIC UNCONTESTED DIVORCE FEES (Add $ for filing fees & court costs to each price listed below in section II) $800 - INCLUDES real estate (only) $ INCLUDES retirement language (only) $ INCLUDES children (only) $ INCLUDES real estate and retirement language(only) $ INCLUDES real estate and children $ INCLUDES retirement language (only) and children $ INCLUDES children, real estate, and retirement language (only) III. ADDITIONAL FEES NOT INCLUDED IN THE PRICES LISTED ABOVE: $ additional real estate deeds $ name change to prior name $ Waive 30 day waiting period before re-marriage 7

8 $ Revisions to Decree/Order $ Attorney General Involvement $ Split Custody (One child resides with one parent and one child resides with the other parent) $ Child Born During The Marriage Not Of The Marriage $ Certified Copy of Decree/Order $ minute consultation $ For each Qualified Domestic Relations Order RUSH SERVICES - ADD $ Rush Petition/Motion (one week filing) & Rush Decree & Waiver (one week service) IV. OTHER UNCONTESTED FAMILY LAW MATTERS (ALL PRICING RULES ABOVE APPLY) (Add $ for filing fees & court costs to each price listed below in section III.) $ Agreed Motion to Modify $ Agreed Suit Affecting P/C Relationship $ Divorce by Publication, (Ad Litem fees not included) Add $ Each for Real Estate, Retirement language (only) and children ($ each additional person served) $ Agreed Adoption/Termination ALL PAID FEES ARE NON-REFUNDABLE. ALL CONTRACTED FEES ARE DUE UNDER ALL CIRCUMSTANCES, INCLUDING RECONCILIATION. WE ARE A FLAT FEE FIRM AND DO NOT PROVIDE ITEMIZED BILLS. 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. Agreed to on, Gary A. Hinchman Client CREDIT CARD AUTHORIZATION 8

9 I,, give the law firm of GARY A. HINCHMAN, Attorney at Law, North Freeway, Ste. 517, Houston, Texas 77060, (fax) , permission to apply $ on my (Visa, MasterCard, AMEX, Discover), account #, Expiration Date. Further, I agree, promise, and covenant with Gary A. Hinchman, Attorney at Law, that I will not now or in the future attempt to charge back these fees for any reason. I further agree that a copy of this contract will serve as proof to MasterCard, Visa, American Express, and Discover that your charge back request should and will be denied by the credit card companies listed above. Further, if you are on a monthly payment plan and fail to make your monthly payment as promised on the date it is due, you give this office permission to charge the credit card listed above in an amount equal to your monthly payment without any further notice to you or permission from you. SIGNATURE: PHONE: DATE: ZIP CODE: CONTESTED FEE CONTRACT ALL CONTESTED MATTERS INCLUDE FILING FEES, ONE SERVICE ATTEMPT, AND ONE TEMPORARY ORDERS HEARING (IF NECESSARY). THE MINIMUM FEE MUST BE PAID IN FULL BEFORE YOUR TEMPORARY ORDERS HEARING OR 30 DAYS FROM THE DATE WE ARE RETAINED (WHICHEVER OCCURS FIRST). CONTESTED DIVORCE $ $ filing fees + one service attempt only, and court costs (Minimum fee only) Additional fees are due for retirement division (QDRO), real estate transfer, more than one Temporary Orders Hearing, Ad Litem and/or Mediator appointment, Discovery, additional service attempts, mediation, and Final Trial. CONVERSION FEE FROM AN UNCONTESTED TO A CONTESTED-(One party fails to sign the Waiver, parties do not agree on all matters, or another attorney becomes involved) THE CONVERSION FEE TO 9

10 A CONTESTED DIVORCE IS $ (WHICH PAYS YOUR MINIMUM CONTESTED FEE ONLY). INT. ADDITIONAL FEES - DUE AT THE TIME SERVICES ARE RENDEREED $ Restraining Order $ Rule 106-Substitute Service $ Special Warranty Deed or Deed of Trust $ Name change to prior name $ Waive 30 day waiting period before re-marriage $ Attorney General Involvement $ Split Custody (One child resides with one parent and one child resides with the other parent) $ Paternity- Child born during the marriage, not of the marriage $ Change of Venue (If the Hearing is out of State, it s an additional- $550.00) $ QDRO OTHER CONTESTED MATTERS (Discovery, mediation, ad litem, additional service attempts or trial not included)(add $300.00, for filing fees & Court costs to each price listed below.) $ Oral Deposition (half day only) $ Additional Hearings/Per Trip $ Motion to Compel (Discovery or Deposition) $ Attorney General Action One Trip & ($ each Additional trip) $ Motion for New Trial $ Writ of Habeus Corpus $ Contested Motion to Modify (no custody) $ Contested Suit Affecting P/C (no custody) $ Equitable Bill of Review $ Protective Order (to prosecute or defend) $ Motion to Enforce $ Contested Adoption and Termination $ Contested Motion to Modify (with custody) $ Contested Suit Affecting P/C (with custody) $ Contested Divorce with Custody IF AN AGREEMENT WILL NOT BE REACHED BY THE PARTIES AND ATTORNEYS PRIOR TO FORMAL DISCOVERY, MEDIATION, AND TRIAL THE FOLLOWING FEES WILL APPLY.(Fees to other attorneys and/or mediators are not included) 10

11 $ PER HALF DAY MEDIATION/AD LITEM - The mediator helps the parties understand and express their objectives with the intent to be able to achieve them through negotiations. The Ad Litem helps determine the best interest of the child. $ DISCOVERY (Response to Discovery) $ DISCOVERY (Serve Discovery Requests) $ TRIAL (No Custody Issues)(Per Half Day) $ TRIAL (with custody) $ Deposition (client or spouse is deposed)(per Half Day) ADDITIONAL FEES THAT MAY APPLY: $ Each additional service attempt (out of state or country, additional fees will apply) $ Rush Petition & Rush Service(One week filing) $ Certified Copy of Decree/Order $ minute consultation ALL PAID FEES ARE NON-REFUNDABLE. ALL CONTRACTED FEES ARE DUE UNDER ALL CIRCUMSTANCES, INCLUDING RECONCILIATION. WE ARE A FLAT FEE FIRM AND DO NOT PROVIDE ITEMIZED BILLS. IF YOU ARE MAKING PAYMENTS, YOU AGREE TO PROVIDE US WITH A CREDIT CARD NUMBER AND AGREE TO ALLOW US TO CHARGE ANY UNPAID FEES TO THIS ACCOUNT, DURING OR AFTER REPRESENTATION. Agreed to on, GARY A. HINCHMAN CLIENT CREDIT CARD AUTHORIZATION I,, give the law firm of GARY A. HINCHMAN, Attorney at Law, North Freeway, Suite 517, Houston, Texas 77060, (fax) , permission to apply $ on my (Visa, Mastercard, AMEX, Discover), account #, Expiration Date. Further, I agree, promise, and covenant with Gary A. Hinchman, Attorney at Law, that I will not now or in the future attempt to charge back these fees for any reason. I further agree that a copy of this contract will serve as proof to Mastercard, Visa, American Express, and Discover that your charge back request should be and will 11

12 be denied by the credit card companies listed below. Further, if you are on a monthly payment plan and fail to make your monthly payment as promised on the date it is due, you give this office permission to charge the credit card listed above in an amount equal to your monthly payment without any further notice to you or permission from you. SIGNATURE: PHONE: DATE: ZIP CODE: TO CLIENTS WITH CHILDREN DOCKETING ORDER HARRIS COUNTY FAMILY DISTRICT COURTS All parents who are parties in divorce cases with suits affecting the parent-child relationship or motions to modify custody filed on or after May 1, 1997, are ordered to attend an educational seminar prior to appearing in court for final orders. Certificates verifying attendance by both parents at one of the parent education seminars listed below shall be filed with the clerk of the court. Parents need not go to the same seminar or attend the same date. Parents are URGED to make reservations at one of the seminars listed below as soon as possible. There is a charge for attending the seminar, which is paid by the client but may be waived in cases of real financial hardship. Nearly all of the surrounding counties also require parenting classes. APPROVED PARENT EDUCATION COURSES CHILDREN S COPE FAMILIES & DIVORCE (713) 952-COPE (713) or 12