Divorce AssuranceTM
Threats brought by an angry former spouse are neutralized.
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Divorce AssuranceTM assures you that you will not incur any attorney fees
for the enforcement of your divorce. It covers the period from the entry of your divorce through the
next three to six years, depending upon the plan you select.
Whether your divorce was court ordered or settled, and no matter how many
times needed, you pay no attorney fees to:
- Enforce support, visitation, distribution of assets or other terms of your final judgment of divorce; or
- Defend any frivolus enforcement action.
Divorce AssuranceTM
prevents the court system from being used as a weapon.
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What Does It Cost?
Plan 1: for 3 Years After Divorce
Plan 2: for 6 Years After Divorce
Each plan requires an initial payment and an annual payment on based upon a sliding scale.
- Initial Payment of either:
- An amount equal to 10% of the total of your attorney fee from your divorce
(excluding any part of the other party’s attorney fee you were required to pay); or
- $750;
whichever is greater.
- Annual Payments for the rest of the covered period where each payment is:
- One half of the Initial Payment;
- or $375.
whichever is greater.
If the entire amount is paid as the Initial Payment, there is a 5% discount.
Visa and Mastercard are accepted for the Initial Payment or Annual Payments.
Illustrations:
- If Plan 1 is chosen and the entire attorney fee paid was $8,000, then:
- The Initial Payment would be $800.
- If the Initial Payment was made on January 1, 2004 then on January 1, 2005 and January 1, 2006, an Annual Payment of $400.
- If paid as a lump sum with the discount it would be $1,520.
- If Plan 2 is chosen and the entire attorney fee paid was $12,000, but $2,000 of the $12,000 was what you were ordered to pay toward the other
attorney's fees, then:
- The Initial Payment would be $1,000.
- If the Initial Payment was made on January 1, 2004 then on January 1, 2005, January 1, 2006, January 1, 2007, and January 1, 2008,
an Annual Payment of $500.
- If paid as a lump sum with the discount it would be $2,850.
- If Plan 1 is chosen and the entire attorney fee paid was $4,000, then:
- The Initial Payment would be $750.
- If the Initial Payment was made on January 1, 2004 then on January 1, 2005 and January 1, 2006, an Annual Payment of $375.
- If paid as a lump sum with the discount it would be $1,425.
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What is Included?
After your divorce is finalized, many significant changes will affect your future. Often, people overlook making changes to
their Wills, creating new Power of Attorney or reviewing the overall changes in their estate.
If children are supoprted, the levels of support are required to be reviewed every three years.
The Divorce AssuranceTM concept is simply a pre-paid flat fee legal services retainer agreement. While "Retainer Agreements" where a liquidated amount
covers all legal fees in specified areas has been common in business for years, it is new to area of divorce. This concept allows us to take a holistic view of your post
divorce circustances, and includes not only the attorney fee for the statutory review of child support, but many other needs often overlooked after a divorce.
- All Attorney Fees for your representation:
- Defense of Claims - The defense of all divorce enforcement claims during the covered period; and
- Enforcement of Terms - The enforcement of the terms of the divorce during the covered period;
- Everything in the Final Judgment of Divorce – All issues that are brought under the FM docket number assigned to your divorce case.
- Statutory 3-year review of child support - During the covered period child support is reviewed every 3 - years, and re-set if appropriate. This includes a “motion to enforce” if needed.
- Last Will and Testament – A new Will be prepared and executed reflecting the changes after your divorce. Does not include estate planning or trusts.
- A “Living Will” – You have a right to determine who has medical decision making power in the event of your incapacity with a Living Will.
- A Post Divorce Financial and Estate Analysis – After your divorce your saving and investment strategies may require changes.
- A Post Judgment Insurance Analysis – Assures compliance with insurance required in the divorce and an analysis of the sufficiency of coverage in other areas.
- Bullet Proof Going Forward - How to protect yourself, your assets and your children, in future business and personal relationships.
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What Are The Conditions?
Divorce AssuranceTM is offered to our clients who meet the following conditions:
- Divorce Representation:
- Our firm represented you in your litigated divorce or divorce mediation; or
- We have reviewed your divorce file and agree to represent you now.
- Formally Enter Into Divorce AssuranceTM Retainer Agreement:
- You paid your entire bill for the legal services for your divorce,
including all payments to third parties, like experts or court reporters, if any;
- You have paid the appropriate Initial Payment or Lump Sum;
- You have signed a Divorce AssuranceTM Retainer Agreement, which is a limited retainer agreement showing the plan selected;
- You have signed the retainer agreement within 30 Days of the date that the judge signs your final divorce decree or there is a 90 day window before coverage applies:
In the event you were represented by another attorney, additional terms and restrictions would apply if the plan was offered. We reserve the right not to
offer the Divorce Assurance plan to anyone that has not met the conditions set forth.
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What Is Excluded?
One of the goals of the concept is to minimize the use of the courts as a weapon before and after divorce. Therefore, Divorce AssuranceTM can
not be used as a discounted method for post judgement retaliation.
What is Not Covered:
- 3rd Party Payments - Payments required to be made to third parties as a condition of proceeding with an issue in a covered area, such as court filing fees, court reporters, experts, postage or delivery or any others;
- New Matters - Anything not covered in the Final Judgment of Divorce;
- Other Cases – Bankruptcy, Criminal, Domestic Violence, or Civil Litigation, Real Estate, Transactional Matters, Trusts, Estate or Probate work or any matter outside of the terms of the divorce and brought under the FM docket number of the divorce case.
- Frivolous Positions - That you assert will not be enforced or defended;
- Nuisance Litigation – That you initiate or seek to use in a response;
- General Advice – Your request for general advice, the writing of letters not within the covered areas;
- Failure to Cooperate – If you fail to cooperate our obligation ends. Cooperation requires, but is not limited to:
- Timely attendance at all meetings and court dates;
- Timely 3rd party payments;
- Truthful and complete information;
- Prompt production of necessary documents and things;
- Agreement to scheduling of meetings during regular business hours.
- Failure to Make Annual Payment – Any matter that arises after an annual payment was more than 30 days past due.
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Divorce AssuranceTM and Divorce AssureTM are Trademarks of Salvatore
De Lello, Jr., Esq.
© 2004 - Salvatore De Lello, Jr., Esq. All Rights Reserved.
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