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:

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        • Misty Becker
        • Larry Rice
        • Miles Mason
        • Amy Amunsen
        • 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!

What is a Divorce Retainer Fee?

We love being able to offer flat fee rates for your uncontested divorce cases here at the Ferrell Law Firm. Sometimes, though, a divorce proves to be more complicated than initially thought, or it starts out difficult from the get go. In those cases, called “contested” (meaning the parties are not in agreement on certain things about the divorce), we instead operate on a retainer fee basis. Some of our clients find retainer fees confusing or strange, so let me explain what they are and why we use them.

A retainer fee is, basically, pre-paying for services we’re about to offer you.  Hypothetically, when you come in to sign a representation agreement with us for your contested divorce matter, you would pay us right from the start a fixed retainer amount – let’s say $100.00 to make it easy.  Then, because we (hypothetically) charge $5.00 an hour, any time we work on your case we keep track of all the time spent on it, down to the tenth of an hour.  So if in the first month on your case we worked for 3 hours, we would charge $15.00 against the $100.00 you initially paid, leaving a month-end balance of $85.00.  You would then need to pay us $15.00 to bring your retainer balance back up to the $100.00, so we can start the next month’s work.  Let’s say, then, that we finish working on your case that next month, after 10 more hours of work.  After taking out the $50.00 from the retainer for that month, we’re done with your case and all issues have been resolved and we refund you back the remaining $50.00.

We use retainer fees for our contested divorces simply because it gives us a way to maintain payments in an ongoing case.  There are ways to lower your fees, though, and it comes down to one simple thing: time.  If you as the client offer up your time to make phone calls, send faxes, or secure records by doing your own leg work, that is time not being charged to you by us.

So, if you do have have a contested divorce case here in Memphis or north Mississippi and you want to save as much money as possible on attorney’s fees, you need to do as much of the work as possible yourself. And what type of work am I talking about? Things such as contested doctors bills or records, previous court reports and etc. We really don’t want to bleed you dry in lawyer fees,  honestly!

Can you get a divorce if your husband or wife is in jail or prison?

Every so often we get asked the question: “My spouse is in jail – can I get an annulment or a divorce while they’re in there?”  The laws in Tennessee and Mississippi are very clear on that matter – in Tennessee, the statutes state, as grounds for divorce, “Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary.” 
(Tennessee Code – Volume 6A, Title 36, Sections 36-4-101 and 36-4-103)For Mississippi the statutes read much the same:“Being sentenced to any penitentiary, and not pardoned before being sent there.”
(Mississippi Code – Sections 93-5-1 and 93-5-2)

Generally we advise against attempting to obtain an annulment on the grounds of a spouse’s imprisonment, as an annulment is much more difficult to get.  It is a much simpler process to obtain a “no fault” divorce (based on the grounds of “irreconcilable differences”) than it is to get an annulment. 

When pursuing a no fault divorce, all you have to do is have your attorney complete an marital dissolution agreement, sign it and have your spouse sign it.  You are not required to see your spouse – we can get the paperwork sent to them in their facility, and include envelopes for its return.  This option is best when you and your spouse agree on a divorce, child custody arrangements, and property division.  We recommend you seek a divorce lawyer that offers a flat fee service for this process.  If you and your incarcerated spouse are in disagreement over whether or not to get a divorce, how to handle child custody, or who gets what property, you also have the option of filing for a “fault” divorce, on the grounds of “conviction and imprisonment.”  In this case there will be more negotiation, more court visits, and it is likely that the court will order all parties into mediation to resolve any disagreements.  With this type of divorce, you will have to show proof of your spouse’s conviction and imprisonment.  At most divorce lawyer’s firms the fees for this kind of divorce will be on a retainer basis.

The thing to remember from all of this is that it is possible to get a divorce from a spouse in prison.  If they have been convicted of a felony and there is some disagreement involved in the divorce, you are able to seek a divorce based on the fact alone that they are in prison for a felony.  (Remember: they must still be in prison at the time of filing for divorce!)  As your attorney we are able to get paperwork to and from them, and even to keep your address out of all filed documents to keep you as safe as possible. 

Call us today at 901-754-1340 if you have any questions on this or other divorce topics.        

5 Tips for Parents Going Through a Divorce

Part of a divorce with children is figuring out custody, through what the courts here call a “Permanent Parenting Plan.”  This document does more than determine where your children will be on the next holiday or weekend, though – it also helps set out a set of guidelines that you and your soon-to-be ex agree on in how to raise your children.  It includes everything from who will make the major decisions regarding things like religion to outlining the rights of parents.  But right from the outset, it includes some key phrasing that is important to remember in this incredibly difficult time for your family:

“The mother and father will behave with each other and each child so as to provide a loving, stable, consistent and nurturing relationship with the child even though they are divorced.”

There are a lot of emotions coming to the surface during a divorce: anger, betrayal, hurt, sorrow, and despair.  We encourage you and all of our clients to remember, though, that the most important thing you can do for yourself and your children is to step back and realize that they are being possibly more affected by the divorce than you are.  Here are our 5 Tips for Divorcing Parents:

1.      Do not criticize the other parent in front of your children, under any circumstances.  This contributes to a feeling of instability and disharmony for the children, and creates for them confusion as to how to act regarding their love for the other parent.  This includes letting your children know if you are not receiving child support – telling your kids that can only lead them to feeling some sense of abandonment, doing long-term emotional damage.

2.      Remind your kids constantly of your and the other parent’s love for them.  Remind them often that the divorce is in no way their fault.

3.      Do not use your children as messengers.  A divorce is something that occurs between adults, and all communications stemming from it should be handled accordingly, by adults.  Kids do not need to be made a part of the struggle.

4.      Pay your child support, if you are the non-custodial parent.  Withholding child support out of anger or spite does more harm to the children involved than you may realize.

5.      Finally, at every step make sure to remember that your children’s interests should always be placed ahead of yours, the other parent’s, or anyone else’s.  Make sure they get every possible access to the other parent, and do so positively and with every means in your power.

Should you use attorneys who only represent men or women?

There is a growing trend of attorneys and law firms “branding” themselves by representing only mothers or fathers in family law cases.  The Wall Street Journal published an article last week on this subject, with particular attention to firms that are catering to men.  Some of these firms market themselves as “A Partner Men Can Count On” or the “Divorced Guys’ Guys.”

My question is whether this approach truly benefits the client?  I believe that by limiting oneself to only representing one gender, attorneys lose the ability to analyze cases from different points of view.  In fact, whenever I handle a contested case, I spend a great deal of time looking at my client’s case from the opposing party’s perspective to analyze its strengths and weaknesses.  One of the things that enables me to do this effectively is because I represent both men and women.

Randy Kessler, a noted family lawyer in Atlanta, Georgia, believes that firms who only represent one gender can make judges skeptical of their arguments: “It is much better to have a reputation for representing each client based on the facts of their case, regardless of their gender.”  I agree with Mr. Kessler’s assessment.

Can I get a Tennessee or Mississippi divorce even if I was married in another state?

Question:

Can I get a divorce in Tennessee even if I was married in Mississippi (or vice versa)?

Answer:

The State in which you were married does not have anything to do with the State in which you can get divorced or separated.  If either you or your spouse have lived in Tennessee or Mississippi for more than six months then Tennessee or Mississippi will have jurisdiction to to grant your divorce.

The 3 Different Types of Memphis Divorce Lawyers

My friend, and fellow divorce lawyer Michael Sherman who practices law in Alabama (his blog can be found at www.alabamafamilylawblog.com), had an interesting post a few days ago concerning the different types of lawyers you see in family law. I’ve taken his idea and decided to post about these types of divorce lawyers on the Memphis Divorce blog here.

The first type of divorce lawyer you have in Memphis is the Lamb. The Lamb is the kind of lawyer who doesn’t want to offend anyone or rock the boat too hard. He or she will usually bend over backwards to make sure that confrontation is avoided at all costs. Unfortunately avoiding confrontation “at all costs” usually means that his or her client gives up more than they should in their divorce or custody case. The Lamb will usually tell there clients to sign off on the first offer they see. He or she also will try to stay as far away from the courtroom as possible.

 The next type of divorce attorney is the Pit Bull. We’ve all heard about these divorce lawyers. They’re the nasty and vicious sorts who will do anything to win a case. They often times don’t worry about what’s best for the parties, but instead only want to devastate the opposition.

The Pit Bull is the type of Memphis divorce lawyer who can’t stand to settle a case. Instead they’ll do anything and everything to avoid settlement and to go to court. When people say they want a mean SOB to represent them this is the guy or gal who they’re talking about. The Pit Bull comes with a cost though, both figuratively and literally.

Unfortunately being a Pit Bull is not best for their clients. If you know anything about Pit Bulls you know that they are great at causing damage to whoever their up againt but this usually comes at a great loss to their own health. They often go so far in trying to hurt others that they cause irreparable damage to themselves. The Pit Bull attorney’s attacks usually end up hurting their own clients by racking up enormous client fees and getting nowhere in negotiations. Usually the Pit Bull will spend tens of thousands of their clients dollars only to end up with the same outcome that would have been had if they had been willing to work cordially with their opposing counsel.

The Pit Bull is aggressive just for the sake of being aggressive and not for the benefit of actually helping their client.

Often people going through divorce will think they need an aggressive lawyer to represent them in their divorce.  They are wrong.  What they need is a lawyer who is assertive.  There is a difference.  It is the difference between the Pit Bull and the third type of Memphis divorce lawyer, the Fox.

Our third type of lawyer, The Fox is wise and cunning.  He sees the big picture.  The fox is assertive when he needs to be, compromising when it benefits his clients’ long-term best interests, and always aware of the many different consequences his actions have on his clients.  He stands on principle. Yet, he is a strong advocate for his client when it promotes his client’s long-term best interests.  He recognizes that reaching a fair settlement is always preferable to trying the case and leaving it up to the judge.  Yet, he also knows that if a fair settlement is not forthcoming, then he must be willing and able to prepare to effectively litigate the case in court.

When choosing a divorce lawyer, you should avoid the lamb and the pit bull at all costs.  Instead, find yourself a fox.

Money and Divorce for Women

My friend and fellow lawyer, Michael Sherman, recently posted an interesting article on his blog, AlabamaFamilyLawBlog, concerning how divorce affects women and their finances. And although the article wasn’t specifically written about the Memphis Divorces it’s a very intersting article. Any woman who is considering a divorce should read and think about the consequences.

According to recent statistics, U.S. divorce rates have decreased in recent years after a peak in the 1970s, but still remain fairly high. In addition to being an emotional breakup, divorce can bring about serious financial issues that can have long-term consequences on the economic stability of a woman.

According to recent studies, a woman’s standard of living decreases at least 30 percent after divorce, which means getting a grip on finances both during and after divorce is crucial for surviving intact.

• Don’t Bury Your Head in the Sand

All women-especially divorcées-need to overcome their aversion to money issues, educate themselves and set financial goals. Part of the reason why divorce hits women so hard financially is due to most of them being reliant on their husbands to take care of household financials while married and then becoming shell-shocked having to manage their own situation on their own.
Self-sufficiency is crucial, and these tips can help.

• Study Your Finances

According to investment advisor Lisa Fox, women often have no idea what they have financially. She says that during an after a divorce, they should be aware of all investments and read each financial statement, investigating anything they are unsure of. Fox also suggests keeping track of finances by copying all important documents.

Knowing what you have puts you in a better position for negotiation during divorce.

• Create a Budget

Draw up a post-divorce budget while in negotiations in order to provide yourself with a snapshot of the type of settlement you’ll need, keeping in mind that downsizing may be required for your lifestyle after divorce.

• Money: Not Just a Man’s Issue

Because women tend to live longer, earn less money during their lifetimes, and not be prone to investing, they have different financial needs than men. This makes getting a handle on financial issues is important, and should be done so sooner than later.

Divorce is never easy, but through common sense and financial responsibility, making the transition can be made easier.

Divorce Proofing Your Relationship – The “Three P’s”

As divorce lawyers serving Memphis and North Mississippi, unfortunately we see relationships end for many different reasons. Often times the saddest part about this is that these divorces could have been avoided if the couples would have taken part in one of the “Three P’s”.

Dawn Elaine Bowie over at the Maryland Father’s Rights Blog had an interesting post addressing these issues and the “Three P’s”, and I’m including her post below.

“The right to marry is a fundamental human right protected by the United States Constitution and the constitutions of most states. With divorce rates at between 50% and 60%, and the human misery I routinely see as part of my daily work, it’s very easy to be seduced by the idea that if we could just force people to use some common sense we could reduce some of the misery.

On the one hand, I wish it was possible to require folks to go to premarital counseling before they married. Or pass a test before they could procreate. But not only does that kind of government intervention run afoul of the Constitution, it isn’t realistic. Human behavior can’t be legislated in, or out, of existence.

There is no foolproof way to keep a second, third or subsequent marriage from failing. But there are real, common-sense ways to increase your odds for success.

If you need help with a premarital agreement, and you live in Maryland, let me know. I’d far rather get to know you that way, than through representing you in divorce litigation.

Remember the Three P’s:

• Patience – Take plenty of time to get to know your partner before you seal the deal.
• Prenuptial Agreement – Get one, preferably one that covers more than just money and property.
• Premarital Counseling – Spend a little money now and increase your chances of avoiding the big money and the bigger heartache later!”

 The original post can be found on the Maryland Father’s Rights blog here.

Remember, it’s always best to try to make the marriage work. However, for many people this just simply isn’t an option. If you and your spouse can no longer stay married and need a divorce, either in Memphis or North Mississippi, call the us at 901-754-1340 or email us at contact@lawferrell.com and we’d be happy to help guide you.

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