Is My Divorce Contested?

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

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

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

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.

They Won’t Sign – Now What?

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.

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!

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

 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.

Collaborative Divorce: “It’s all the rage”

“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.

Memphis Divorce: How soon do I need a Lawyer?

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.

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

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.

• Facebook Privacy Policy
• MySpace Privacy Policy 

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

A Win-Win Strategy for Memphis Parents

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!

Alimony in Memphis Divorce Cases

Many of our contested Memphis Divorce clients have questions concerning alimony. What is alimony? How do I get alimony? Will I have to pay my spouse alimony? And for how long? Before answering any of those questions it’s important for you to understand what exactly is alimony, and what types of alimony there are in Memphis divorce cases.

Alimony is defined as financial support of a former spouse. You generally can have two types of alimony in a Memphis Divorce case, either permanent alimony or rehabilitative alimony. At the Ferrell Law Firm, in Memphis, Tennessee, we represent men and women who are dealing with spousal support issues. We recognize and understand that alimony is a sensitive issue in many Memphis divorces. Because of this we are committed to giving you straight-forward advice on Memphis divorce alimony matters, even if you may not like what we have to say.

Basically, alimony or spousal maintenance is paid by one spouse to help maintain the standard of living their former spouse had during the marriage. However, there are several different forms of alimony:

• Alimony in futuro – This is the type of alimony most people in Memphis think of when they hear the word ”alimony.” This is permanent alimony paid to your former spouse until they die or remarry. While this type of support used to be more common it is not seen as often with couples who have been married a relatively short amount of time.
• Rehabilitative alimony – A dependent spouse may be awarded rehabilitative alimony until they are able to get back into the work force and become sufficient on their own. This type of alimony is often awarded to people who left careers to help raise families. Once the dependent spouse reenters the work force and become self-sufficient again this rehabilitative alimony usually goes away.
• Transitional alimony – This is a type of temporary alimony paid to one spouse for a certain specified period of time while they transition from being married to being single. This is generally a short term alimony.
• Alimony in solido – In some Memphis contested divorce cases, alimony payments may be ordered to adjust for an imbalance in the division of marital property. This form of alimony is more commonly referred to as lump sum alimony. In this type of alimony their is only a one time payment.

Alimony laws in Memphis, Tennessee take a number of factors into consideration when ordering alimony as part of a divorce settlement. However, Memphis divorce courts usually favor temporary and rehabilitative alimony over permanent alimony. We can work with you to understand your situation and help establish a spousal support arrangement that is in your current and long-term interests.

Contact our Memphis, Tennessee, Divorce Attorneys if you are considering divorce and have questions about alimony or spousal support. We can be reached by phone at (901) 754.1340 or on our Contact page.