ANGELETTI LAW & MEDIATION
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Frequently Asked Questions

What is a retainer?  

A retainer is money deposited into the attorney's IOLTA (Interest On Lawyer Trust Account), which is a  savings account that the attorney draws upon to get paid for work performed.   Money in this account belongs solely to clients, not to the attorney.  The interest donated to legal aid.  

Our retainer is $5,000 and we bill at a rate of $450 per hour.  For example, if we perform 6 hours of work in a month, we bill you for $2,700 and pay ourselves from your $5,000 retainer.  Your retainer balance is now $2,300.  If our work is completed, you get the $2,300 back because we only did $2,700 worth of work.  On the other hand, if we continue to do work and earn all of the retainer before the case or mediation is concluded, then you will be required to deposit more funds into your retainer account.  

There is no retainer for an uncontested divorce.  Instead, we charge a flat fee of $2,500, or $3,500 if a retirement account must be divided.  If each party is awarded all of his or her retirement account, then the $2,500 fee applies.  In addition to the flat fee, the client must pay the court filing fee of $301.  

Do you accept payment plans?  
We do not offer payment plans; however, you may make payment with credit card, Apple Pay, or with financing through LawPay, our payment portal.  

What is an uncontested divorce?  

A divorce is uncontested if both parties agree on all issues before either is served with a petition.  If you think you have an uncontested divorce, first schedule an appointment with Sara to make sure you have identified all the issues.  She can help you create a proposal to present to your spouse, but will not negotiate for you.  After you and your spouse have reached a full agreement on all issues, then Sara will prepare the pleadings necessary to finalize the divorce.  This may include conditions for the sale of a house, an award of a portion of one spouse's retirement account to the other spouse, or terms of a spousal support award.  Remember that an uncontested divorce judgment is a contract.  If the wording is not precise, you may have no recourse if your spouse does not follow the terms.  Most people understandably have no idea of the problems that can arise from a poorly drafted or DYI judgment.  

I'm not sure if mediation is right for me. Can I consult with Sara and then decide?  

You can (and should!) consult with an attorney before and during mediation.  However, if you consult with Sara, then you cannot mediate with John.  When Sara provides a consultation, she is assessing your situation and giving you legal advice designed to get you the best possible outcome.  Sara is advocating for you.  This creates a conflict of interest if John then mediates your case.  A mediator is a neutral who does not advocate for either side.  If you want John to mediate, then get a consultation with another attorney.  If you want Sara to advocate for and advise you, then seek a different mediator.  
What is the difference between mediation and litigation?

Mediation is a process by which two parties negotiate their differences with the assistance of a trained, neutral third-party called a mediator.  A successful mediation will result in the two parties reaching complete agreement on all issues:  custody, parenting time, support, division of house, division of retirement accounts, division of debts, etc. 

​The mediator does not advocate for either party over the other.  Be sure to verify that your mediator will draft all the legal pleadings necessary to finalize your divorce.    
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