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Making the Decision to Seek a Memphis Divorce

February 1, 2011 By Leave a Comment

Deciding on whether to divorce your husband is always going to be an emotional decision. Even if marital breakdown has occurred to the point where you do not have any romantic feelings left for him, it can still be difficult.

The two of you have built a life together and both of you will face some major changes if you decide to end your marriage. That’s why it vitally important to be as logical about your options as possible when deciding on whether or not you should pursue a Memphis divorce. Every relationship is different and everyone reacts differently to the trials, tribulations, and the arguments that come with being married. Make sure the decision to get a divorce doesn’t come lightly.

Was the breaking of the bond of trust a big factor making you consider a divorce?

For example, did a particular event cause you to want to get divorced? Will you be able to recover from this event? Will you be able to truly move on from this event without reliving it in your mind for the rest of your marriage? And was this a one-time event or was it part of an ongoing series of events?

You also need to look at the overall health of your marriage, and your ability and willingness to continue to pursue the marriage. This means not only do you want to try to make things work, but is your husband also going to make changes and actively work on making the marriage viable.

You need to have a plan for what your post divorce life will be like.

Take a good and honest assessment of how you will be able to manage yourself financially. Where will you live, how will you support yourself, and how will your children handle the effects of your Memphis divorce?

Sometimes it’s easy to decide that you must divorce. These are usually in cases where some type of physical abuse is occurring and you MUST leave the marriage immediately! Under this type of circumstance the decision to divorce is one that must be made and is always in your best interest. However, in some situations it may be best to try to work through the issues causing strife in your marriage. If you do decide that the only solution to your situation is to seek a divorce you should contact a Memphis divorce attorney that you trust to seek advice on the steps to take. It’s important that you don’t make mistakes that could hurt you.

If you have any questions the Memphis divorce attorneys at the Ferrell law firm would be happy to attempt to answer these for you. You can learn more by calling them at 901-754-1340.

Filed Under: Contested Divorce, Memphis Divorce Blog, Uncontested Divorce Tagged With:

Is My Divorce Contested?

February 3, 2010 By Leave a Comment

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.

Filed Under: Contested Divorce, Tips & Miscellaneous, Uncontested Divorce

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

January 11, 2010 By Leave a Comment

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?

stacks of dollars

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. (Note that we pay for your filing fees out of our all-inclusive fee when we handle your divorce.)

Our attorney’s fees for an uncontested divorce with NO children is $1,799.

Our attorney’s fees for an uncontested divorce WITH children is $2,799.

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.

Filed Under: Contested Divorce, Memphis Divorce Blog, Uncontested Divorce Tagged With: ,

They Won’t Sign – Now What?

July 27, 2009 By Leave a Comment

We hear it all the time – you’ve drawn up divorce papers, on your own or with the help of a lawyer, and suddenly your husband or wife refuses to sign.  What are your options now?  Can you achieve a divorce without their signatures?  Unfortunately, you have now shifted from an uncontested divorce to a situation that has become contested.  This often results in higher fees due to the increased amount of effort it takes on the attorneys’ parts to negotiate and achieve a mutual agreement on the points of contention.  It also often takes longer – the back and forth negotiations between busy attorneys and clients multiply the hours and days invested in achieving your divorce.  Mediators might have to get involved to work out the kinks that are holding you back from your goal.

Many of our clients reach this point and hope to stay within the realm of an uncontested divorce, but that option does not best protect either you or your lawyer.  If there are certain factors being argued over, you want your attorney to invest the correct amount of time in best protecting your interests, and that increased time will have to be reimbursed accordingly.  However, if you are able (independently) to achieve the goal of getting your stubborn ex to sign the papers, it is still possible to keep your uncontested flat fee schedule and timeframe.  Be honest with yourself and your attorney when embarking on your divorce journey – if there is a possibility that things could go awry, let them know so they can anticipate disruptions and help you navigate the sometimes bumpy path of a contested divorce.

Filed Under: Contested Divorce, Uncontested Divorce

What is a Divorce Retainer Fee?

April 17, 2009 By Leave a Comment

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!

Filed Under: Contested Divorce, Memphis Divorce Blog Tagged With:

What do I do If I’ve been served with divorce papers?

February 5, 2009 By Leave a Comment

 Question:  I just was served with divorce papers from my wife’s attorney and she’s seeking a contested divorce.  I don’t live in the same state as my wife, what do I do? 

Answer:  In both Tennessee and Mississippi, when a divorce complaint is filed, you will be served with the a copy of the official complaint stating on what grounds the divorce is being filed on. The complaint will also state what state, county and court the case will be heard in.  Once you’ve been served divorce papers the clock starts ticking on your time limit to answer the complaint.

If it’s a contested divorce then you need to get to an attorneys office ASAP. There could be important deadlines that you don’t want to miss and you don’t want to wait until the last minute or else your attorney may not be able to help you. If the case is uncontested then you might be able to work things out on your own without having to hire a divorce lawyer. But this really depends on the complexity of your case and how many assets you may have and whether there are children involved.

My advice is to always call a good Memphis divorce lawyer’s office. Most will be happy to give you a free 30 minute phone consultation at the very least and you can learn more about what you need to do and whether or not you need a lawyer. But whatever you do don’t delay and procrastinate, doing so could cost you a lot of money if a default judgement is found against you.

Filed Under: Contested Divorce, Q&A Tagged With: , ,

Collaborative Divorce: “It’s all the rage”

May 2, 2008 By Leave a Comment

“They call it “collaborative divorce.” It’s apparently all the rage right now.” from the movie Juno

Collaborative Divorce is a “new way to resolve disputes respectfully” and handling divorce out of court.  Our Memphis Divorce Lawyers would like to set the record straight. 

You can refer to this Free Collaborative Divorce Kit provided by the International Academy of Collaborative Professionals for more detailed information about Collaborative Divorce.

Divorce can be an unfortunate and expensive situation.  But it doesn’t have to be that way.  Collaborative Divorce Professionals are a great resource and alternative for dividing families that  have contested issues and the financial resources to fight them out.  You can settle your divorce out of court and inexpensively… with simple professional guidance.  If you want to fight out your divorce, you’ll have to spend a lot of money, whether you settle with collaborative professionals or in court.  Collaborative Divorce is the best alternative to litigating divorce in court.  But don’t spend money on the “new rage” divorce.  Our Memphis Divorce Lawyers can assist you settling an affordable divorce, and enlisting other professional when needed and only if a financial option.

For the average family, Collaborative Divorce is a great guiding principle, but don’t feel that it is the only way to settle your divorce out of court.  Mediation is highly encouraged by all Tennessee divorce professionals, and is an option at any stage of your divorce.

Filed Under: Contested Divorce, Memphis Divorce Blog, Uncontested Divorce

Memphis Divorce: How soon do I need a Lawyer?

April 8, 2008 By Leave a Comment

As Memphis divorce and family lawyers, the Ferrell Law Firm get as many calls from people who have been served “divorce papers” as those contemplating divorce. Often, the call comes in a few weeks after service of process and after veiled threats from the other spouse that you have “only 30 days to sign or else”. This can leave the lawyer with a frantic client and frightened client.

It is very important that you contact one of the Ferrell Law Firm’s Memphis divorce lawyer as soon as you have been served “divorce papers.” A Divorce Complaint or Petition for Divorce must be formally answered by filing an Answer and/or Counter-Complaint within 30 days of Service of Process. If no Answer is filed, then the filing spouse is entitled to file for Default which will then allow their lawyer to set the Final Divorce Hearing after another 30 days.

Now after all those legal words and requirements, how quickly you really need a lawyer comes down to what kind of divorce you really have going on.

A True Uncontested Divorce… If you and your spouse have contemplated and decided on divorce, and if you agree to negotiate and settle all terms of the Marital Dissolution Agreement and Permanent Parenting Plan, if applicable and any other issues of Support or Property Division. Both spouses then seek independent legal advice and if necessary legal representation before the divorce is filed.

A Potentially Uncontested Divorce or in other words a Potentially Contested Divorce… If you and your spouse have contemplated divorce, but your spouse has already sought legal advice and legal representation and has served you with “divorce papers” and you may or may not be able to agreement on a settlement agreement. You must seek legal advice and legal representation within 30 days of being served in order to preserve your legal rights if the matter becomes a Contested Divorce. Once you have retained one of our Memphis divorce lawyers to represent you, we would file all necessary responses and contact the opposing lawyer about pursuing this as an Uncontested Divorce and negotiating a Marital Dissolution Agreement. If you cannot resolve your issues and agree to a settlement agreement, then the next step is to utilize Mediation to settle all contested matters.

A True Contested Divorce… If you and your spouse have never discussed or agreed on divorce, your spouse has filed for divorce and you are unable to agree to any settlement agreement. You must seek independent legal advice and legal representation immediately to preserve your rights and prepare for the long, expensive process of divorce litigation.

In short, it is in your best interests to retain a lawyer as soon as you have been served “divorce papers” in order to preserve and represent your rights.

Filed Under: Contested Divorce, Memphis Divorce Blog, Uncontested Divorce

Facebook, MySpace, and other Online Social Networking and Your Memphis Divorce

March 17, 2008 By Leave a Comment

With the growing popularity of social networks like MySpace and Facebook, you should be aware of that this is next step up from using Internet search history, online chat logs and email when supporting grounds for divorce.

“It is probable that electronic evidence will not lead to a huge rise in divorce figures but it may certainly make a lawyer’s job easier as people are a lot less careful about what they write in emails than what they write down on paper.”

Consider this case from the UK:

In a recent case involving social networking sites a man, from Newport Pagnell, near Milton Keynes, who had been ordered by magistrates not to contact his estranged wife was jailed for 10 days when he joined Facebook and an automatic “friend request” was sent to everyone on his email contact list, including his ex-wife.”

The Internet is a public resource, and the Ferrell Law Firm stresses to all it’s clients to practice safe and responsible internet usage.  Privacy settings and limited purpose usage of social netowkring will protect your identity and integrity through any important transition in life.

We suggest you read the privacy policy of any social networking site to understand your public exposure.

Here is an article from Mint.edu on How To Protect Your Privacy while social networking.  Also use this information as guide for protecting your children and guiding their usage.

Source of post: Florida Divorce Law Blog post discussing UK: The Citizen posting

Filed Under: Contested Divorce, Family Law, Memphis Divorce Blog

A Win-Win Strategy for Memphis Parents

February 19, 2008 By Leave a Comment

Many times, at the start of a divorce, parents see custody of the children as an either-or situation: one parent has custody and the other is relegated to a visitation/possession schedule. ~ Divorce and Family Law in Tarrant County, TX

In Tennessee, co-parenting and decision making allows parents to avoid trying to win a “custody battle” and concentrate on planning for their children. Instead of devoting energy to the win-lose mindset and proving that the other parent is “unfit,” co-parenting and decision making, co-parenting and decision making keeps that energy on parenting. Don’t think about strategic moves and get rid of any ulterior purposes, such as getting property or paying less child support. You have the right to parent your children and your children have the right to support and care from both their parents. You and your spouse must think about the financial and relationship hardships that will arise if you refuse to work together to care for your children.

A Win-Win Strategy for co-parenting and decision making may require more maturity than some parents can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children.
1. Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:

The kids having a great relationship with both parents
The kids having a great relationship with their extended families
Financial security for the children
Having a safe, secure home for the children
Having good schools for the kids
Providing for a college education for the children
Providing sports opportunities for the children
The opportunity for the kids to learn music, art or other interests

Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.

2. Look at the big picture. What are the resources to work with:

Financial abilities of the parents
Parental/family member time available
What homes and schools are available and affordable
What the parents’ neighborhoods are like
The existing relationships between parents and children and the roles each parent plays with the children
What community resources are available
What special needs, if any, a child has
What interests the child has

3. Brainstorm options. Think up as many different solutions as you can. Sometimes it is helpful to get help from a parenting expert. Spend some time and try to be non-traditional or unconventional. Don’t limit yourself to ‘standard’ solutions. Open up your thoughts to come up with some crazy ideas because they might just turn into good ideas.

4. Evaluate your options. See if they can help achieve your identified goals. Criticizing and testing your options can lead to the discovery of other ideas and can help you narrow down the choices until you are left with an idea or ideas that work.

Implementation: This process can helpful if just you do it, but it is really better if you can do it with the other parent. If you work on this alone, you can create a better plan to present in court or in mediation. If both parents work together through this process, there’s an excellent chance they will reach an agreement that will be satisfactory to both parents and to the children.

Please give this a try and let me know how it works for you!

Filed Under: Contested Divorce, Memphis Divorce Blog
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