How to contact the Ferrell Law Firm for your Memphis Divorce

Did you know that we’ve got a new telephone number?

Now not only can you call our Memphis divorce lawyers at 901-881-6353, but you can also reach us by dialing 1-800-DIVORCE if you are calling from the 901 or North Mississippi 662 area codes.

So the next time you have a divorce, child custody, child support or any other type of family law help in the Memphis or North Mississippi area give us a call at 1-800-DIVORCE.

The Ferrell Law Firm is here to help with all of your uncontested and contested divorce needs as well as injury and accident laws needs.

What is the Waiting Period in Tennessee for a Divorce?

Many of our new clients are confused about the waiting periods they come up against in their divorce process.  How long are they?  When do they start?  Can I get around them?

In Tennessee, the waiting periods begin when the Complaint for Absolute Divorce is filed.  The Complaint can be filed on its own in a contested divorce situation, or can be filed jointly with the Marital Dissolution Agreement and Permanent Parenting Plan in an uncontested divorce matter.

If you are especially anxious to begin your waiting period but are in an uncontested situation, you can file your Complaint separately, and then continue to work on the other documents.  The only factor to keep in mind there is that, when the Complaint is filed separately, you must allege other grounds for divorce than simple “irreconcilable differences” (i.e. adultery, inappropriate marital conduct, etc.).  You can still proceed as an uncontested divorce, just be aware that the Complaint will list those alternate grounds for divorce.

The waiting periods are 60 days from the day of filing of the Complaint for a divorce without children, and 90 days from the day of filing of the Complaint for a divorce with children.  This is a mandatory timeframe outlined by the Tennessee statutes, so there’s no avoiding it.

Once your waiting period ends, you will hear from the Courts about your final hearing date.  This can be as soon as within one week of the end of your waiting period or as far out as a month or more, dependent upon the Courts’ case load.  Rest assured that if you have an attorney working on your behalf they are checking in on this date regularly.  Unfortunately, it is completely out of their hands as to when you are scheduled for your final hearing and how soon they hear about it.  Rescheduling is an option, but it will always be for a date that is further out, not sooner.

Hopefully that clears up a little confusion about the waiting periods for a divorce here in Tennessee, watch for a future post on the same topic for Mississippi divorces!

Communicating With Attorneys – How Do I Do It?

Is My Divorce Contested?

We hear it almost every day: “Well, I think we’re pretty much uncontested, there might just be one or two issues that are contested.  Does that mean I’ve got a contested divorce?”

And our answer is: it’s hard to say.  What are your “one or two issues?”  Is it simply who gets the engagement ring and a specific credit card debt?  Or is it a battle royale over child visitation and the house?  When you approach an attorney wanting an uncontested divorce, you need to be in a situation that represents total agreement by both parties.  From who gets that one favorite lamp to child visitation, every “t” is crossed and every “i” is dotted.  If you do find yourself with some minor disagreements, we encourage you to try to come to a compromise for the greater good.  One party or the other will have to give on multiple issues, so choose your battles.

If those “one or two issues” balloon into major entanglements, we would classify your divorce as contested.  Uncontested divorces are entitled to lower fees because they require lesser legal work – contested situations require discussion with opposing counsel or parties, mediation, discovery, and even trial, in addition to the same drafting of documents required in uncontested situations.  We aren’t able, in fairness, to fight your battles for you for the lesser fees we offer to clients who have already settled their skirmishes.  So be honest with yourself and your attorney as you move toward a divorce – keep them abreast of the major conflicts so that they are aware whether or not they can assist you through an uncontested divorce or if they will be participating in a contested situation.

Mississippi Divorce Law Update

Today an article came to our attention, and we thought you mind find it interesting, too.  Jack Elliot Jr. of the AP wrote “Analysis: House declines to expand divorce laws,” an article discussing recent activity in the Mississippi House of Representatives regarding proposed divorce legislation.  The article tells us that thirty years ago Mississippi enacted “no-fault,” or uncontested, divorces.  More recently, State Rep. Mark DuVall (D-Mantachie) sought to add compulsive gambling as a 13th ground for divorce last week.  The bill ultimately failed with 40 votes for and 74 against.  Other bills dealing with child custody issues and premarital agreements have been filed this year, and a few others have proposed adding irreconcilable differences (a frequently-used ground for divorce in uncontested divorces in Tennessee) as a 13th ground, but the irreconcilable differences failed as well.  Opposition to these bills has expressed the desire to keep the state from making divorce any easier.  What do you think – do additional grounds for divorce make getting a divorce easier?  Do you think compulsive gambling or irreconcilable differences are reasonable grounds for divorce?

What should you wear to the Shelby County Courthouse for your divorce hearing.

We all do it each and every day, we get dressed. But most people aren’t used to getting dressed to go to court for a divorce or custody matter. That’s why we wrote this post. Here’s your guide on what to wear for your Memphis Divorce case.

The first thing you need to think about is whether your “day in court” will be for a contested divorce or for an uncontested divorce. What you wear really depends on the type of divorce case you have.

If your case is not contested, such as a no-fault divorce or approval of an agreement, then the following attire is recommended:

• For Men:  A nice pair of slacks and a dress shirt or golf shirt would be appropriate. A sports coat or suit may be worn but certainly is not required. Leave your “flip flops” at home! Be sure to wear shoes and socks (seems like a basic thing doesn’t it?). Don’t even think about wearing shorts in the Courtroom, or tank tops, tee shirts, shirts reflecting foul or vulgar language or politically incorrect language, or hats.
• For Women:  A dress, skirt and top, or slacks and a nice top would be appropriate. As in the paragraph above, it would not be appropriate to appear in Court in shorts, extremely revealing skirts or shirts, a halter top, or a skimpy tank top, or flip flops.

In contested divorces, where you will testify against one another, the judges impression of you is much more important, and the proper and/or appropriate clothes you should wear changes dramatically.  For instance, in a contested divorce or child custody hearing, you should wear the following type of clothes (think, dress like your lawyer):

• For Men: Same as above; however, a sports coat or suit could be worn but would not be considered mandatory. If the Husband/Father is seeking custody of his child or children, he would want to be dressed conservatively – nothing too flashy, nothing too out-of-the ordinary. For example, if a young Husband is seeking custody of his children, he could receive “negative” points if he appeared in Court in non-traditional attire such as Black Gothic Style clothing or wildly colored hair. Remember, that most Judges are older conservative individuals. If the Husband/Father has an abundance of tattoos, he should consider wearing a long-sleeved shirt to “cover” them.  Also, it would be advisable for the client to remove evidence of body piercings – ears, lips, nose, eyebrows, etc.
• For Women:  The main point to remember is that this is not the time to appear to be “hot” or “sexy” – especially if you are seeking custody of your children. You want to appear stable, sensible, warm and loving. Soft colors are better than bright and vibrant colors. Longer skirt lengths are better than short skirt lengths. You do not want to wear anything that would be considered “too short, too skimpy, too wild, too bold, or too sexy”.

Typically, clients should dress for Court as they would for church or an important job interview. If you are in the armed services, wearing your military attire is a very safe choice. If you look sloppy or inappropriate, the Judge may believe that you are showing or displaying a lack of respect for the Court.  Never forget that you have only one opportunity to create that “first impression”, so consider these “do’s and don’ts” in advance of your Court date and make a good impression with the Judge.

Thanks to the South Carolina Family Law blog for this post.

How much does it cost to file for a divorce in Memphis?

If you are wanting to get a divorce in Memphis, Tennessee then you probably want to know how much it’s going to cost you, right?

If you’re getting an uncontested divorce it’s pretty simple to tell you exactly how much your divorce is going to cost. But before we can tell you the cost we need to know if you have any minor (under the age of 18) children.

If you do NOT have children then the filing fee (This is the fee that’s payable to the Shelby County Courts, your lawyer does not get to keep this)will be $301.50.

If you DO have minor children the filing fee for the Shelby county courts will be $376.50, no matter how many children you may have.

Next are your attorneys fees. Here at the Ferrell Law Firm we charge a flat rate for uncontested divorces.

Our attorney’s fees for an uncontested divorce with NO children is $499.

Our attorney’s fees for an uncontested divorce WITH children is $999.

Why are there different fees depending on whether or not you have children? The reason is because in Memphis divorces where minor children are involved we are required to put together and file a Permanent Parenting Plan or PPP. This PPP requires quite a bit more time to complete and file, that’s why both your lawyer’s fees and the county filing fees are higher. But even then our rate of only $999 for an uncontested divorce with children is a STEAL.

What about contested divorces, how much do they cost?

Contested divorces are an entirely different monster. And I do mean monster. (Let me take a minute here to say you really should try to work things out with your spouse first. If you can’t stay together at least try to agree on property division and custody issues so that you can save THOUSANDS of dollars in attorney’s fees for a contested divorce.)

We never know how much a contested divorce is going to cost you. It’s really impossible to say because we don’t know how many things you and your spouse are going to argue over. Your lawyer’s bill is going to be as high or low as you make it. It just depends on how much you want to fight with your spouse.

I can tell you that our intial retainer fee is normally $5,000 for a contested divorce here in Memphis. And your lawyer will bill you by the hour for the time he or she spends on your case. Our lawyer’s hourly fees start at $175 per hour and go up from there.

At the end of each month we will send you a detailed bill showing you the work that we have done and showing you the balance of funds you have left in your retainer account. Then at the beginning of each month we require money be deposited into your retainer account to bring it back to $5,000.

What will your total cost be for a contested divorce? Again, we can’t tell you that because of all the variables. I can say that most contested divorces at a minimum cost at least $7,500 and they can go way up from there.

If you have any other questions about costs please call us at 901-881-6353 or visit our memphis divorce fees and costs page here.

De-activate your Facebook and Social Media pages if you are going through a Divorce!

I’ve written this before, but now I’m going to say it one more time.

De-activate ALL social media accounts (that includes facebook) if you are going through a divorce or custody dispute!

Divorces can be ugly if the parties don’t agree on things. And your spouse may be looking for any little, tiny edge when it comes to your divorce or custody dispute. Don’t help them out by posting something stupid on Facebook.

Here’s the kicker though – You never know what this “something stupid” will be. It could be something as simple as telling your wife one thing and then posting something else on Facebook. This could show the court that you can’t be trusted and are a habitual lier.

But it could be something REALLY STUPID. For example click on this link to see what a husband posted on Facebook that was downright idiotic.

Q & A: Firing an Attorney

Q:

I want to change the child custody order from my previous divorce but I don’t want to use the same lawyer who handled my divorce, do I need to fire him before I hire you guys?

A:

In regards to firing your current attorney, my first question would be whether you actually are currently represented by an attorney.

If your divorce is final then the original scope of your agreement with your current attorney would most likely already have ended. Attorneys are generally retained for specific matters only. This means that your attorney would have been retained to represent you only in your original divorce matter. Once the divorce was final then you would no longer be represented by him, and there would be no need to “fire” him. You would be free to hire a new attorney for any new matter that comes up. A change of the parenting plan to give you more custody would be a new matter.

If you have not had him begin work on this new matter then you do not need to “fire” him. You can simply call any attorney and begin a new relationship with them.

Of course, if your old attorney has already begun to work on this new matter then you would need to let him or her know that you are going to seek new representation and will no longer need their services. I suggest that you both call their office and mail them a letter informing them of this decision and asking them to release all your files to you. But it is very important that you send them a letter.

In this situation they would be entitled to any fees for work they have completed up until that point. This would possibly include any non-refundable retainer if this was paid by you.

Unfortunately custody modifications can be one of the most expensive types of family law issues. (In reality the most expensive part of the original divorce is usually the determination of child custody.) Unless both parents are in agreement to the modification, these types of issues almost always result in a trial in front of a judge. The court will also need for there to be some type of reason to grant the custody modification, if contested.

What’s It Like To Visit Our Office?

It’s easy for us to forget that not everyone is in a law firm every day (or even occasionally or ever, for that matter!).  We’ve heard we can be a fairly intimidating group to go see, so we wanted to break the ice for you and let you know what to expect when you visit our firm for an initial divorce or child custody and support consultation.

When you arrive you will be greeted by Katie, our legal assistant.  We like to make every effort to keep you comfortable, so we will offer you a beverage and show you to our conference room.  The attorney will be notified of your arrival and will join you shortly (sometimes breaking away from a phone conversation can take a minute, and we hope you understand that we will give you the same focused attention when you become our client).

During your consultation, you will go over your specific situation with the attorney.  You’ll have time for questions and he’ll have answers for you (hopefully, and if not, he’ll find them!).  If you feel that you are ready to move forward in hiring the firm to begin your divorce or child custody and support matter he will review the documents and information we will need to begin with you.  Our initial consultations are free, but if you are ready to move forward with your matter Katie will be able to accept payment from you that day to open your case.

After your half-hour consultation, we will follow up with you in the next few days to see if you have any remaining questions or concerns.  At that point the ball is in your court to let us know any additional help you require.  We will be available to help when you are ready!  We do our best to be on the not-so-scary end of the “intimidating offices” spectrum, and we hope you visit us to see what we mean!  In fact, one of our clients recently wrote us a thank you letter and stated, “You didn’t act like normal lawyers at all.”  We take that as a great compliment.

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