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!

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?

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.

Abandoned by Your Spouse?

You’re married, but have been living alone due to the abandonment of a spouse.  You wonder; how can I pursue a divorce from this person, since I have no clue where they are or how to find them?  Well, there are a couple of factors to consider:

-          Have you been on your own for over a year?  This is the time constraint put on abandonment by the courts of Tennessee and Mississippi.

-          Has the desertion been “willful?”  This means that the other party intentionally left you, rather than your leaving them with no ability for them to find you.

-          Have you truly exhausted all efforts to locate this person?  Calling family, friends, looking online on social networks like Facebook or MySpace, contacting employers, and other avenues are available to try to locate the person.  Chances are, they will be willing to complete a quick uncontested divorce if you do locate them, since you are both on your own already.

If you meet all of these factors, you are eligible to obtain a divorce on the grounds of desertion or abandonment.  You must next mail your spouse’s last known address with a “Return Service Requested” notation on the envelope, attempting contact – if it is returned to you, you have closed one door for locating them.  Next you must publish in the newspaper your need to find them.  If there is no response to this request, you have closed another door.

Now that you have been unable to locate them, you may file for divorce alleging abandonment.  The courts will require you to show proof of abandonment, which can be as simple as you offering your testimony, or can be more complex, such as requiring witnesses and more.  Rest assured, though, that there is a way to obtain your divorce if you’ve been deserted by your spouse!

A Dozen Ways Children of Divorce get caught in their Parents’ Conflict : Part 3 : Specially posted for Memphis Parents

One our readers just pointed out that I never followed up on part 3 of  how children get caught up in their parents divorce. Please accept my apologies. Here is the final part of this series.

You can view part 1 of this series Here and part 2 Here.

9.     Child Abuse Allegations

It is becoming common for conflicting parents to express their hostilities by making unfounded allegations of child abuse.  For children the consequences of these allegations are negative and far-reaching.  Children are drawn into evaluations, investigations, and court testimony which greatly increase the risk of prolonged confusion, hurt, and anger.

10.     Custody Fights

Some parents pursue custody fights when they know perfectly well that the real reason for the custody action is to be vindictive.  Children experience custody battles between their parents as extremely stressful.

11.     Child Support

Parents too often use child support by withholding it, demanding more, or making payments late when the real motivation is to perpetuate a dispute with the former spouse.  In many homes children suffer directly when child support payments are not made regularly or when conflict is expressed indirectly in this way.

12.     Using Noble Ideas to Hide Double Standards

A custodial parent might say “i want her to make her own decisions” when a child refused to visit the non-custodial parent but strictly enforce curfews when the same child wants to stay out late.  A custodial parent might say “He has the right to his own feelings” if a child says critical things about his non-custodial parent but lecture and browbeat the same child for “talking back” at home.  Children are sensitive to inconsistencies.  They react to them with mistrust and cynicism.

Thanks go to the Missouri Divorce & Family Law Blog for the original content.

How can a stay-at-home mom afford a divorce?

As everyone’s budget belts tighten a notch or two in this down economy, it is understandable that many people are finding themselves in the predicament of wanting (or needing) a divorce but being unable to afford the sometimes prohibitive cost of getting one.  This is especially common for stay-at-home parents who have elected to remain home with children while the other spouses are the primary breadwinners and money handlers.

We want you to know that there are options in place to help you obtain the divorce and assist with the costs, even some of your attorney’s fees.  Once a Complaint for Divorce is filed (the initial document which starts the divorce lawsuit) with the courts, you can request a Pendente Lite hearing.  At this hearing a divorce referee will order temporary child support and spousal support/alimony if it is needed.  The defending spouse will usually be required to pay your attorney’s fees from that hearing.  Any temporary spousal support/alimony ordered by the courts at this hearing will be received only while the divorce is pending up until its final resolution, at which time a permanent support order will be entered for both child and spousal support.  The temporary support can help provide the funds that stay-at-home parents or otherwise unemployed spouses need to get through the divorce process.

The moral of the story is to not let the fear of monetary ruin dictate whether or not you choose to seek a divorce, especially in cases of emotional or physical abuse.  The legal system has put protections in place to help you.  Please seek the advice of an attorney to find out what route might be best for you.

Did you know? A unique TN divorce law.

A funny to break up your week!

Tennessee statue 36-6-304 tells us that one clause to visitation of children after a divorce is that the person granted visitation rights to the child may not, under any circumstances, expose them to a nudist colony without the permission of the custodial parent.

A quick search found no similar law for Mississippi, but the whole clause got us wondering – where exactly is the closest nudist colony to Memphis?

Apparently there is one in Murfreesboro, TN, according to Google.  So remember, always get the custodial parent’s permission when planning that weekend trip with your children to Murfreesboro, or you might be breaking the law!

5 Best Divorce Lawyers in Memphis!

Today’s post is all about other local Memphis area divorce lawyers. I’ve decided to give all of our faithful readers a list of some of the best Memphis divorce lawyers in town.

We know that in some cases we aren’t able to take your divorce or child custody case because of various reasons. When this occurs we like to be able to refer you some of the best Memphis divorce and child custody lawyers in town.

A few ground rules for our list:

1. We did NOT list ourselves. No impropriety here. We are ONLY listing other local lawyers. We’re not trying to boost our own ego!
2. Just because an attorney is on our list does not mean that attorney is a good lawyer for you to use. Each and every attorney has their own way of doing things, a great divorce lawyer for one person might not be so great for another one. Speak with any attorney first before you make a decision. Make sure that their personality fits with your personality.
3. Our list is not exhaustive. Their are a lot of other very good Memphis divorce lawyers who are worthy of being on our list of top 5 divorce lawyers in Memphis. Just because someone is not on our list doesn’t mean that they aren’t a great Memphis divorce lawyer.
4. Our list is not in any particular order.

5 Best Divorce Lawyers in Memphis:

Misty Becker

Larry Rice

Miles Mason

Amy Amundsen

David Caywood

As always, we’re here to help you. If you have any questions about divorce or custody law in either Tennessee or Mississippi give us a call. And if we can’t help you we’re happy to refer you to other local lawyers we think who can. Just call us at 901-754-1340.

Should You Represent Yourself in Your Memphis Divorce?

The economy is tough right now. That’s for sure! Many people these days are simply looking to get by and survive. And for those of you out there who are looking to get a divorce the thought of paying thousands of dollars for a divorce can be intimidating.  Because of these factors we see a lot of new clients who have decided to hire us after first attempting to represent themselves in their Memphis or Mississippi divorce.

What should you consider if you’re thinking about representing yourself in your divorce?

Do you have the ability to work with mounds of paperwork?

Can you navigate the court system without feeling lost?

Are you in good standing with your spouse?

Does your spouse already have a divorce lawyer?

Are you aware of the amount of time it takes to go to the courthouse to properly file all documents and pleading?

These are just a few of the things you should consider before attempting to represent yourself. Often times an experienced attorney can help you with something that you might overlook on your own. You don’t want to accidentally sign away all of your parenting rights do you? How about your rights to receive child support?

Think long and hard before you decide to jump in and do it yourself. You might save money in the short term but cost thousands of dollars over time!

Next Page »