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How long does it take to get an uncontested divorce in Memphis?

January 7, 2012 By Leave a Comment

I get this question a lot, in fact I probably hear it about 6-7 times a week at my law office. So, I thought I would add a little information here to help you understand a bit more about how long it takes to get an uncontested divorce in Memphis.

First though, make sure you understand what an “uncontested” divorce actually is by reading my definition of an uncontested divorce here.

Here’s our timeline for how long it takes to get an uncontested divorce  when you use us as your Memphis divorce lawyer:how long it takes to get a divorce in Memphis, TN

  1. We meet and learn more during our marital consultation and find out what’s going on in your life and the specific problems you’re facing.
    • Sometimes this is done over the phone or through email for simple divorce matters.
  2.  You complete all the forms that we need.
    • It’s up to you on how long this takes
    • For simple divorce matters the only form usually completed is our client questionnaire form.
    • In cases with a considerable amount of property to be divided we also have you complete our marital balance sheet.
    • And in cases where there are minor children you will need to complete our parenting plan form.
  3. We get a first draft of all the documents we create back to you for review about 2-3 weeks after you return the documents listed above back to us.
    • This can take a little more time or a little less time for us to return to you. It depends on how busy we are and how many active cases we are currently working on.
  4. You let us know if any changes or needed to the drafts.
    • We usually make revisions within 1-2 days and return to you for review.
  5. If everything is correct and documents are ready to sign then you present them to your spouse for his signature on the MDA (and parenting plan if minor kids are involved).
    • Again, it’s up to you on how long this takes.
  6. You return the documents that your spouse needed to have signed and notarized back to us.
    • We can witness your signature on all the documents at this time, or you can sign and have them notarized and just drop them off or mail back to us.
    • Yet again, it’s up to you on how long this takes.
  7.  We file your documents once they are all signed, notarized and all fees have been paid.
  8.  We wait for the “waiting period” to run out.
    • This is 60 days from the date the complaint was filed in divorces with no minor children, and 90 days when there are minor children involved.
  9. When the waiting period is about to be over we request a date from the clerk’s office for the final hearing.
    • This date is usually sometime one week to one month after the waiting period is over, dependent on the judge’s and attorney’s calendar.
  10. You and I attend the final hearing where I present the judge with a final decree for him or her to sign. This final decree is usually signed at this hearing by the judge and your divorce is complete.
    • You will be given a copy of this final decree at the courthouse, and your spouse will be mailed a copy of this decree since he is usually not present at the hearing.

So, how long do all of these steps take?

There isn’t an exact answer. As you can see above, the total amount of time it takes from the first time we speak until the divorce is finalized is heavily dependent on your actions.

But we’ve found that for the majority of uncontested divorce we handle it takes between 4-6 months for a divorce without minor children and between 5-9 months for a divorce with minor children.

Of course, there are cases that may go a little faster and some that take much longer. But this is usually because the spouses either agreed to everything very quickly and returned all information to us quickly, or they couldn’t agree easily and/or drug their feet returning documents to us.

I hope this helps you understand how long it takes to get an uncontested divorce here in Memphis, TN. And if you have any questions you would like answered please email me at James@MemphisDivorceFirm.com

Filed Under: Memphis Divorce Blog, Q&A, Uncontested Divorce Tagged With: , ,

What’s an uncontested divorce? Here’s our law firm’s definition.

January 5, 2012 By 1 Comment

There’s a lot of confusion about what exactly an “uncontested” divorce is. I have clients who come in wanting an uncontested divorce all the time, but when I begin talking more with them I realize that there is almost no way that their divorce will be uncontested.

So, today I want to explain exactly what my office considers an “uncontested” divorce. This is important because both you and I need have a very clear understanding of what you’re facing, both emotionally and financially.

The Definition of an Uncontested Divorce

Here at my Memphis law office I consider a divorce to be uncontested only when both spouses want to get divorced and agree between themselves as to exactly how all the property will be divided. And in cases where there are minor children involved, the spouses also must agree between themselves as to exactly how the parenting time will be shared.

 

A divorce is not uncontested unless the spouses agree with each other 100% on all of the above things. Even disagreeing on one thing can turn a divorce into being “contested”, and in fact it’s usually only one or two things that causes a divorce to be contested. But these one or two things are usually very important things.Also, a divorce is not uncontested if the spouses each hire an attorney to represent them. If either of these things occur then the divorce becomes much more expensive, time consuming, and just more difficult and frustrating overall.

I can tell you that in our uncontested divorces 99% of the time both spouses have talked about getting a divorce and know that one person is going to a divorce attorney to get everything started. The uncontested divorces we handle are NOT situations where one spouse is shocked that the other wants a divorce.

So, what’s our job as your divorce lawyer if you’re going through an uncontested divorce?

We then advise you as to the whether or not the things you’ve agreed to will likely be approved by the court. (You can’t imagine how many do-it-yourself divorces I see denied at final hearings in front of the judge because the spouses entered into an agreement that the judge doesn’t agree with or that isn’t legal. Believe it or not, but just because you and your spouse agree to something in a divorce doesn’t mean that the court will approve it.), Next we incorporate your wishes into the proper legal format, create all documents, and then file the proper documents (once signed and returned to us) with the court. Think of our job as being your guide through the courthouse and to the completion of your divorce.

I always, always, always (can I say always one more time?) advise spouses that are considering a divorce to try to go the uncontested route if possible. It’s faster, easier, and cheaper. But for those of you with lot’s of assets, or who feel your spouse is hiding things, or who just can’t come to any kind of agreement with your spouse, it’s probably not an option. In those cases your only option is going contested.

But no matter what type of divorce case you pursue, whether it’s uncontested or contested we can help. As a Memphis divorce lawyer I’m accustomed to handling both and would be happy to speak with you if you have questions. You can contact my office at 901-754-1340 or by emailing me at James@MemphisDivorceFirm.com

 

Filed Under: Family Law, Memphis Divorce Blog, Q&A, Uncontested Divorce Tagged With: ,

Awarded by Super Lawyers as a Mid-South Rising Star – What that really means.

December 19, 2011 By Leave a Comment

This past month I was honored to be named a Mid-South Rising Star by Super Lawyers. It’s always nice to receive any type of award of recognition for your work, but what does this award really mean?

Here’s the official press release as worded by Super Lawyers, as well as their description of the award. I’ll give you my straight-forward opinion of what this really means further down.

Jami Ferrell has been named to the Mid-South Rising Stars list as one of the top attorneys in Tennessee for 2011. No more than 2.5 percent of the lawyers in the state are selected to the list.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, go to superlawyers.com.

The first Super Lawyers list was published in 1991 and by 2009 the rating service had expanded nationwide. In February 2010 Super Lawyers was acquired by Thomson Reuters the world’s leading source of intelligent information for business and professionals.

So, again, what does it really mean to be listed as a Mid-South Rising Star by Super Lawyers here in Memphis, TN?

It simple terms, it means that  fellow Memphis lawyers thought highly enough of my ability to represent clients that they gave me good marks and reviews. Because of these good peer reviews I was lucky enough to be put into a pretty small and select group of lawyers here in Tennessee. And that’s really cool, because it’s always great to be lauded by your peers.

But, does my being awarded this accolade mean that I’m the best Memphis divorce lawyer for you?

Not at all. There are a ton of factors that should go into choosing the divorce attorney that you feel is best for you, and just because I (or any other lawyer) received this award should not be the sole deciding factor in choosing who to hire.

Hey, I’d love to tell you that this means you should hire me for sure and not even look anywhere else. But that would be honest or in your best interest.

I’m sure you’ll probably take this award into consideration when deciding whether or not to hire me, but it still doesn’t mean that I’m the best attorney to represent you in your divorce. In fact, when I took a look at the list I noticed a couple of names that I would not recommend to others. And I also noticed some names on the list who may be good for one person but wrong for another.

Before you make any decision on who to hire you should find out more about that person. Call their office and set up a meeting with them. Find out more about how they handle divorce cases. See if you feel comfortable with them. And learn what they feel you should do about your specific situation.

Remember that it’s your life and your case. It’s fine to take outside awards and recognition into consideration, but NO magazine or list can tell you the best Memphis divorce lawyer for your specific situation.

Filed Under: Memphis Divorce Blog, Tips & Miscellaneous Tagged With: ,

5 Things You Must Do to Keep Your Ex-Husband From Taking Your Retirement

July 28, 2011 By Leave a Comment

Just because you’re divorced doesn’t mean that your ex can’t still take you to the cleaners later.

If you’re getting a divorce (or have just finalized your divorce) make sure  you change who is listed as your beneficiary on all of your accounts and life insurance!!! If you don’t do this then the result could end up hurting your kids (or new spouse) long after your gone. Jeff Landers over at Forbes.com had a good article that looks at the problems that can occur if you’re not on top of your financial matters.

Here are 5 Things You MUST Do to make sure your ex doesn’t get everything after your gone:

  • Change your life insurance beneficiary.
  • Change the beneficiary on your 401K and retirement accounts.
  • If you get remarried and want your children to get your retirement account and not your new husband then you should have him sign a spousal waiver form and return it to your retirement account administrator.
  • Change any other investment accounts to your name only.
  • Update your will. (And if you don’t have one take the time to create one.)

 

Jami Ferrell helps women who are going through some of the toughest times in their life. He is a divorce lawyer in Memphis, Tennessee and can be contacted at 901-754-1340 or by email at James@MemphisDivorceFirm.com. His office is located at 2255 S. Germantown Road, Germantown, TN 38138.

Filed Under: Memphis Divorce Blog, Tips & Miscellaneous

This Memphis Divorce Lawyer Wants to Save Your Marriage

July 14, 2011 By Leave a Comment
Although I’m a “divorce lawyer” I’m also a default counselor for my clients and others who visit my office for consultations. If you meet with me it’s very likely that you’re going to hear me say that I feel it’s always best to do everything you can to save your marriage before going down the path of  divorce. This is especially true when there are kids involved because, no matter if you divorce or not, your spouse is always going to be a huge part of your life. You will be dealing with (and putting up with) each other as long as both of you walk the earth.
I’m a divorce lawyer who, oddly enough, doesn’t endorse divorce. But when my clients do elect to go down that road, I try to make it as painless as possible for everyone.
You’ll also likely hear me tell you that if you’ve done everything you can to save your marriage, and it just can’t be saved, then you should next attempt to do everything you can to pursue an amicable and uncontested divorce. A long and ugly divorce is never good for anyone involved (except for the lawyer who is charging you by the hour). Unless you are in a situation where your spouse can’t be trusted or there is abuse involved it’s always best emotionally and financially to pursue an uncontested divorce.

 

At my office here in Memphis I don’t count my personal success  in dollars and cents, but in lives I’ve touched. Last year I had seven clients who started the divorce process but reconciled as they worked through the realities of what their soon to be new life would look like without each other. These seven clients have a total of eleven children who are going to go home tonight to both their mother and father. And so far this year it looks like I have four couples (with nine children total) who have reconciled.

 

In each of these reconciliations it is because the couples stepped back, listened to each other, and made changes and concessions in order to save their family. But I like to think that a small part of this is because of the different approach that I require my clients take when going through an uncontested divorce. My approach means that even though they are going through a divorce, they are able to work together in such a way as to not create more conflict. This is something that’s different from any other attorney here in Memphis and requires both the husband and wife to work together before I create or file any documents. I wish other Memphis divorce lawyers would do the same thing, but it’s a lot less lucrative for them than traditional methods where they end up creating lots of marital conflict which generates lots of divorce fees for them.
Andy Savage

Andy Savage, Highpoint Church Memphis

 

With this being said, I’m working to create and develop resources to help you save your marriage from ending in divorce. Part of these resources will be information from outside sources such as counselors and pastors. And the first resource I’m posting today is a video where Andy Savage from Highpoint Church in Memphis discusses love and relationships. Andy has done a wonderful job in helping couples who are facing marital problems and considering divorce, and I hope that you find his advice and message helpful.

 

 

Jami Ferrell is a divorce lawyer in Memphis, TN and may be reached by contacting him at 901-754-1340 or by email at James@MemphisDivorceFirm.com
Filed Under: Memphis Divorce Blog, Save Your Marriage, Tips & Miscellaneous, videos Tagged With: ,

How and Where To File a Divorce Complaint in Memphis

June 16, 2011 By 1 Comment
This is part one in what will be a series of posts about the process and procedure of filing a divorce and related pleadings in Memphis, Tennessee.

 

So, you’ve completed the divorce complaint and now you’re ready to to take the next step and file it with the court. Where do you start?

#1     The very first thing you need to do is go to the Shelby County Divorce Referee’s office.

Here in Memphis the divorce referee “proctors” all divorces. Part of the proctoring that the referee handles is the preliminary review of all new divorce complaints. And before you will be allowed to officially file your divorce complaint the referee must first review it and then sign an acknowledgement that he has received a copy of the complaint. (You don’t have to actually leave a copy with the referee.)Information sheet for Memphis Divorce Referee

So you should first go to the divorce referee’s office located on the third floor of the Shelby County Courthouse in room 327. You can either drop the complaint off with the referee in person, with his clerk, or place it in the desk organizer labeled “Complaints for Review”.

 

Friendly note: If you want to personally hand the referee your complaint for his immediate review avoid coming after 1:00 p.m. on Tuesdays, Wednesdays, and Thursdays when the referee will likely be on the bench conducting pendente lite hearings. And try not to come on Monday – Thursday mornings between 9:00 a.m. and 10:30 a.m. when the referee is usually in other courtrooms proctoring final hearings.

Upon the referee reviewing and signing your divorce complaint he will then assign your case to either the Chancery Court or Circuit Court. This is done completely randomly by pulling slips of paper from a box. (Since there are 9 Circuit Court divisions and only 3 Chancery divisions, you have a 75% chance that your case will be assigned to Circuit Court.)

What’s the divorce referee looking for when he reviews the complaint?

By law, every complaint must specifically list certain statistical information, data, and requests. For example, every complaint must provide information regarding whether jurisdiction is proper, who the parties are, what the grounds for divorce are, and list what you are requesting the court do. The divorce referee will look at the complaint to see if everything that is required by law to be listed is there. And he will also see if the complaint is in a format that is accepted by the court.

If anything that should be (or shouldn’t be) included in the complaint is not included or if it isn’t in proper form the referee will reject the complaint and not sign off. You will then need to go back and fix the divorce complaint to make sure it is properly completed before coming back and having the referee review the complaint again.

(It’s important to note here that, by law, the divorce referee is not allowed to give you legal advice concerning your case. So don’t go to the referee thinking he will tell you exactly what you need to do to file your divorce correctly.)

 

#2     After the referee has assigned your case to either Chancery Court or Circuit Court you should go to that court clerk’s filing counter.

You will take the original divorce complaint that has been signed by both you and the divorce referee to the filing counter, along with at least two other copies (attorneys should have at least three other copies).

(The filing counter for the Circuit Court Clerk is located on the second floor of the courthouse in room 224. And the filing counter for the Chancery Court Clerk is located on the third floor on the western side of the building.)

Tell the clerk that you want to file a complaint for divorce and then give them the original complaint. You will also need to bring the following:

  • Completed Tennessee Department of Health Certificate of Divorce Annulment Form  a completed (To be completed in black ink only and if you don’t have a copy of this form the clerk will provide one for you.)
  • Completed Confidential Information Form
  • An empty envelope
  • A check or cash for the filing fee (The cost is $376.50 if you and your spouse have minor children together, or $301.50 if you do not.)
  • Other things you will need if the divorce is to be contested:
    • Two copies of the completed summons.
    • An additional check to pay for the complaint to be served.

Be sure to bring copies of the complaint and hand these to the clerk to have stamped as filed. The clerk will keep a copy of the original for their own records, and if you are having your spouse served a copy will be included with his summons, you should additionally keep a stamped copy for your records (attorneys need to bring one more copy for their own records).

That’s the process of filing a divorce complaint here in Memphis. If you wish to tackle this on your own you are now armed with the basic knowledge of what you should do. But BEWARE, if you are attempting to handle your own case there are many mistakes that you could make that could be potentially devastating to you in the long term. I highly advise you seek out the best Memphis divorce lawyer you can find to help you with your case.

 

Jami Ferrell is an attorney who practices Divorce and Injury law in Memphis, Tennessee. He can be reached at 901-754-1340 or by email at James@Memphisdivorcefirm.com


Filed Under: How To, Memphis Divorce Blog Tagged With: , ,

Is your divorce lawyer a shark?

April 4, 2011 By 2 Comments

If so is that a good or a bad thing?

A new client came into my office last week for her second meeting and to drop off all the documents that we needed to get started on her divorce. During that time she told me that she had spoken to someone else who A Divorce Lawyer Sharkmentioned that they had come to my office for a consultation and ended up hiring a different lawyer.

When I heard her say this I felt a little twinge of pain. It was like someone blocked my game winning shot. You see, I’m extremely competitive and don’t like to lose at anything. And that competiveness extends to both the courtroom and the business world. Hearing that someone chose another lawyer wasn’t a great feeling.

But then my new client went on to say that this person stated to her that she really liked me but thought she needed a lawyer who was more of a “shark”. At that point in our conversation the twinge of pain I had initially felt instantly vanished. I was very happy to not be considered a “shark”.

If you look in the dictionary you will see that a “shark” is defined as the following:

  • A person who is ruthless, greedy, or dishonest, and;
  • A person who preys on or victimizes others, especially by swindling or extortion.

Reading the above definition, who would want to hire a Memphis divorce lawyer considered to be a “shark”? And why?

Divorce can already be a very ugly and messy affair. The last thing you need is a lawyer that may be looking out more for his own self-interest than yours. And a “shark” is the type of lawyer who is going to be pursuing litigation primarily for his or her own self-interest not yours.

In fact, I’ve found that the lawyers who act like “sharks” usually end up hurting your case much more than they help it. They build false hope and expectation, which they almost never deliver on. And they leave a wake of carcasses behind them, one of which is usually their own client.

I have a decidedly un-shark like philosophy at my divorce firm because I feel that it’s always best to do what’s in your best interest, not my own. This starts at our initial marital assessment interview.

When you come to my office I’m going to tell you, just like I do every client that I meet with, my Three Golden Rules for Those Considering Divorce:

1.     Make sure that your marriage isn’t salvageable before you get a divorce. Barring physical abuse and endangerment, if there is any possibility that you can save your marriage try to do it.

2.     Go uncontested! If you must get a divorce then first try to work out the details between each other. If you can agree on how to divide your property and how to handle the parenting duties of your children without getting the courts involved then do it. You’ll save tens of thousands of dollars doing this and you’ll be able to walk away without the pain and anguish that a fully litigated divorce brings.

3.     A contested divorce is going to hurt! It’s going to hurt you financially and emotionally. And it’s going to take a long time to get anything resolved. Try to avoid a contested divorce because the only person who wins is your attorney.

When you hire a “shark” as a lawyer you aren’t going to hear Rule One or Rule Two from the list above. Instead you’ll likely find yourself speaking with a lawyer who gives bold predictions and statements about what he’s going to do to hurt your spouse and make him pay. But that comes with a very high price tag, again both emotionally and financially.  Remember Rule Three, particularly the last part of it? In a contested divorce “the only person who wins is your attorney.”  And the “shark” will be looking to feed himself.

There’s also one other point I want to make to you if you’re considering hiring me as your Memphis divorce attorney. Don’t let the fact that I feel an amicable and agreed divorce is the best type of divorce to pursue make you think I’m not aggressive in my representation of you in contested matters.

Remember that “don’t like losing” thing I wrote above? I don’t like losing at all. And I don’t represent clients in contested divorces unless they are someone I believe in. When this is combined you can be assured that I will use every avenue of the law and ounce of my skills to get you the best result possible.

I know what it takes to win. The fact that I am honest and treat you well as a client does not correlate to weakness in court or negotiations, as many of my clients can attest. In fact, I love being in the courtroom. But just because I like to be there doesn’t mean it’s the best place to resolve your divorce.

When you hire me you’re getting an advocate who is ALWAYS looking out for your best interest. And that starts at our first meeting when I try to get you to save your marriage and not hire me at all. When you hire a “shark” you’re hiring someone who is looking out for his own best interest, and that starts at the first meeting as well.

Thankfully the new client who hired me and told me of the other potential client agreed with my philos0phy. I’m very grateful to her and the many others who have given me their trust and support. This has allowed us to become one of the most successful divorce law firms in Memphis.

Jami Ferrell is a lawyer in Memphis, Tennessee who helps women who are confronting divorce and recovering from accidents. He can be reached at 901-754-1340 or by email at James@MemphisDivorceFirm.com.

Filed Under: Memphis Divorce Blog, Tips & Miscellaneous Tagged With:

3 Keys to Becoming (and staying) the Best Divorce Lawyer in Town

March 17, 2011 By Leave a Comment

I’ve asked myself this question many times in my continuous pursuit to become (and stay) the best at what I do.  There’s no real secret though, it simply takes a lot of hard work and dedication. But working hard and being dedicated will get you nowhere unless you do so in a smart way by working hard and being dedicated to the right things.best memphis divorce lawyer apron

Here’s what I do to make sure I reach the pinnacle of my profession and stay on top, and what you should do if you want to be the best lawyer in your town:

  1. Read all of the latest opinions coming down from your states’ Court of Appeals and Supreme Court. You’ll learn from the judges themselves on what they currently consider the most important factors  in deciding a case.  You will also gain important insight that you can use to advise your clients on what the likely outcome of their case may be. It’s also a great way to learn more about the procedural process of the courts.
  2. Watch as many other attorneys as you can in action at the courthouse. My favorite law school professor, John Hailman, once told me that the best thing an attorney could ever do would be to sit in court and just observe as much as often as you can. Introduce yourself to the judges, their clerks, bailiffs and other attorneys when your there. You’ll learn by watching how the good lawyers perform in court, and you’ll probably learn even more by watching the mistakes of the not so good ones.  Be sure that you also take notes on what’s important to the different judges and how they rule on certain case. Here in Memphis, Tennessee we’ve got twelve different judges who handle divorce matters. Plus there are even more judges, called Divorce Referees, who handle temporary hearings. The more you know about them and how they often rule the better advice you’ll be able to give your client.
  3. Finally, you should learn as much as you can reading practice management guides, taking CLE classes, and talking with as many other attorneys as you can. Other lawyers in the community can be a wealth of information and are almost always more than willing to share their expertise. For example, just last week I was

These are things that you don’t do just once or twice. You have to be committed to this your entire career. But the good thing is that if you continue to do these three things you’ll be head and shoulders better than the other divorce lawyers in your community.

If you’re a lawyer that has questions or would like to reach out feel free to contact me at James@MemphisDivorceFirm.com

Jami Ferrell is a Memphis divorce lawyer and accident lawyer who helps women going through some of the most difficult times of their life. He can be reached at James@MemphisDivorceFirm.com or by phone at either 901-754-1340 or 1-888-GET-JAMI. His office is located in the Memphis, Tennessee suburb of Germantown.

Filed Under: Memphis Divorce Blog Tagged With:

What do you do if someone gives you or your business a bad review on a social media website?

March 3, 2011 By 4 Comments

Well, if you’re me you write about it and use it as an opportunity to tell others more about who you are, what you do, and invite others to share their experience of working with you.

You see, three days ago I received an email notification from the website AVVO.com letting me know that someone had posted a new review of me.  Being the curious person that I am, of course I had to go see what had been written.

Boy was I broadsided when I saw it. In bold letters at the top of the anonymous review was written, “Sadly, a greedy lawyer who picked my pockets and left me worse than I was.” And below that I had been given three one star ratings, and one two star rating by this reviewer. (Hey at least they thought I was knowledgeable!) But the fun didn’t stop there. Continuing to read I saw a description of something that seemed pretty bad. The problem was I didn’t recognize this person’s experience and knew that nothing like what I was reading had ever occurred in my office.

Although it was disappointing to see such a review, the first thing that I found myself doing was actually smiling and having a little chuckle. That’s because I was instantly confident I knew who had written the review and why they had done so.  I also knew that the story was completely made up and did not reflect anything close to the truth of the matter. This person was simply trying to hurt me by attacking my reputation.

The problem with trying to hurt someone by creating lies, is that the lies have to be believable. And that was the major downfall of this reviewer. They had attacked me by making statements exactly the opposite of what I’m known for.

Truthfulness, constant communication and availability, integrity, honesty, and always putting people before money are the things that I have built my reputation on. These are things that people who know me and who have worked with me know that I stand for and practice every day. Because of this the review was totally unbelievable.

And that’s why I invite each of you reading this to take a look at the review on AVVO.com, then leave your own review by clicking here and let others know what your thoughts about me are. You can even do it “anonymously” like the reviewer in this story. Although it would be nice to know your first name so that I could thank you.

Filed Under: Memphis Divorce Blog, Tips & Miscellaneous

Division of Marital Property and Alimony in Long Term Marriages: TN Court of Appeals Decision in Pettijohn vs PettiJohn

March 1, 2011 By Leave a Comment

The Tennessee Court of Appeals today released a new opinion that looks at the division of marital property and alimony for couples who are divorcing after a long term (20+ years) marriage.

My review of this case is for normal, everyday people  who are looking at going through a divorce and not lawyers. This is a very non-legal review and looks at the division of assets and alimony, not upon the procedural and legal aspects of the appeal. If you’re a lawyer looking for detailed insight, this isn’t the place to find it. But if you’re someone who may be going through a divorce and wants to understand more about what happens in divorce cases then keep reading.Memphis Alimony and Divorce

For those of  you want to read the Court’s opinion in it’s entirety you can view the Pettijohn vs. Pettijohn case here.

But for the rest of you, here are the nuts and bolts of the 15 page decision.

Facts:

The couple had been married for 24 years when the wife filed for divorce based on inappropriate marital conduct and irreconcilable differences. The inappropriate marital conduct claimed by the Wife was the fact that her husband consumed too much alcohol and mentally tormented her. She offered proof of this torment and it’s negative affects on her through testimony of her physician.

The divorcing couple had two children. One was a minor (15) and one was an adult (over 18).

The wife had spent much of her prime employment years as a homemaker and caretaker for the children.

Wife had recently started back working making approximately $20,000 per year. She had no education and was approximately 52 years old.

Husband was the primary bread-winner and earned almost $100,000 per year.

The couple had no outstanding debts. The total net worth to be divided between them was valued at roughly $480,000. This included his $210,000 401(k) and the couples fully paid for home valued at $175,000.

Decision of the Divorce Trial Court:

The trial court divided the marital property almost 50/50, with the wife getting only $4,000 more in marital property.

The trial court also found that the husband was to pay $750 per month as alimony in futuro as spousal support to the wife. However, this alimony was to increase to $1,750 in three years when the minor child became an adult.

Here the big kicker in this case. The court also ordered that the husband pay the wife his one half interest in the marital home as alimony in solido (a one time alimony payment). This effectively meant that the wife now received 69% of the assets and the husband only 31%.

The Appeal:

Obviously, the husband wasn’t thrilled with this decision. He appealed and wanted the Tennessee Court of Appeals to make a few changes.

The Husband felt like the 50/50 division was more appropriate. He had no problems giving his (ex)wife the house but wanted the court to allow him to keep $87,500 worth of his 401(k) to offset the value of his half of the house. He did not want her to have half of his retirement plus his half of the house as alimony.

He also wanted the court to only allow the wife monthly alimony payments for 72 months. His argument was that he would then be retiring and she shouldn’t get any monthly payments from him then.

The Decision of the Court of Appeals

The Court of Appeals affirmed (didn’t make any change to) the trial court’s decision.

The Reason

They found that the trial court was correct in ruling that the wife was economically disadvantaged, and at her age she could not be “rehabilitated” by going back to school and learning a skill that would allow her to get a job and reach the income level that was accustomed to during the marriage.

The wife had spent the majority of her marriage looking for and taking care of the house and children to the detriment of seeking an education or a job.

The court felt that it was appropriate for the wife to be given the alimony in solido that came in the form of her (ex)husband’s half of the house. They felt that she would never be able to earn enough income to afford a similar house on her own and it was within the reach of the trial court to give the property to the wife. In the court’s opinion the husband made five times more than the wife and would be able to continue the lifestyle he was used to, even after the divorce. And additionally he would be able to afford to purchase a home or live in a similar home.

The court also determined that the ongoing monthly alimony was appropriate because she would also need it to be able to continue her lifestyle.  And the court found when looking into her projected monthly income needs that this payment would be needed  every month indefinitely and should not be stopped in 72 months.

My Take

I believe that both courts were correct in the decision they made.

Undoubtedly the wife could have pursued her career and further educated herself if it was not for the fact that she took care of the children and the home. It seems that this arrangement was agreed to by both her and her husband.

She was entitled to an equal share of the marital assets. And between her monthly income from her job and the $1,750 of alimony in futuro her monthly income would still only be roughly $3,400 per month. This is still much less than the $10,000 per month she was accustomed to having each month with both her and her husband’s income.

Allowing the wife to have her husband’s interest in the home as alimony in solido was the best way to compensate for the continued disparity between her and her husband.

Jami Ferrell is a Memphis divorce attorney who represents women going through divorce. If you have questions you may contact him at 901-754-1340 or by email at James@MemphisDivorceFirm.com.

Filed Under: Alimony, Memphis Divorce Blog
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