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Divorce, un-contested or contested? Can I hire someone that will charge based on what route it goes?

The Woodlands, TX |

On Nov 24 I finally kicked my husband out for getting violent with me, he has a long history of alcohol abuse. Was in a Mental Hospital for a week in Dec, just to lose his job due to positive breathizer 2 weeks later. Was in ER on Jan 5th threatening
suicide. Has ran away to Austin for the last month and refused to give any
financial support with last paycheck and has not seen out 9 year old since
Jan 17th. Has had 2 DUI's 1 with assaulting a police officer (11 yrs ago). I
want sole custody of our 9 year old. He is unemployed right now. The house
is in my name, the 2 cars are both owned and the one I'm driving is in my
name only. He is currently waiting to get into a 30-90 day rehab program through the state. He has no $ for a lawyer and states he will not fight but I'm not sure.

Attorney Answers 3


  1. Attorneys who do family law can charge by the hour or according to a set fee, but not according to the outcome of the case. The billing method and the fee charged is based on whatever you and your attorney agree to.


  2. Some divorce mills will charge a flat rate for no-contest divorces, like $500.00. Be aware that the quality of work you get and the attention paid to your case will not likely be very good. Most family law attorneys charge an initial retainer and work off of that retainer by charging hourly against it.

    It sounds like you need to make sure to hire a lawyer to make sure this goes smoothly. Your "sole custody" is against the presumption in TX, meaning hard to get, but with these facts it may be possible. An attorney would help you attain your goals. Good luck.

    Disclaimer: This answer is intended for informational or educational purposes only and should not be considered legal advice nor forming any attorney-client relationship.

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