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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: ,

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

March 29, 2010 By Leave a Comment

This is the question that was submitted to us last week on our Facebook fan page. I’m going to break this down into two different answers in two different posts. First let’s look at how long it takes to for you get a divorce in Memphis if you are wanting to pursue an uncontested divorce and there are no children in the marriage.memphis divorces take time

How long does it take to get a divorce if you don’t have kids?

Like so many things in life this really depends on your particular circumstances. But, the shortest amount of time a couple with no children could get an uncontested divorce here in Memphis theoretically would be 60 days. However, in reality this is probably going to take at least a minimum of 90 days.

Here are the reasons why:

1. In Tennessee there is a statutory (mandatory) 60 day waiting period from the date you file your divorce complaint until the day you can have your divorced finalized in front of a judge.

a. In reality what happens is that when the 60 days is up you then have to wait a couple of weeks before your final court hearing date because the courts calendar is always very full.

2. It usually takes at least two weeks from the time you come in to meet with your Memphis divorce lawyer until you have all of your paperwork completed and turned back in to your lawyers.

a. Here at the Ferrell Law Firm, for our Memphis uncontested divorces where no children are involved this paperwork consists of our Short Form of Statistical Information and our Marital Balance Sheet.

3. We have to wait until we get all your paperwork in before we can get all of your information put into your formal divorce complaint and marital dissolution agreement in the correct legal format to be accepted by the court.

a. It usually takes us about a week to complete this step, submit your complaint for divorce and marital dissolution agreement with the divorce referee and file it at the Shelby County Courthouse.

So, a simple Memphis uncontested divorce with no children will usually take about anywhere from 90 to 120 days to complete, beginning on the day you first meet with your Memphis divorce attorney.

Of course most of this really depends on how long it takes you to complete your paperwork and return it to us. Again, that’s because the 60 day waiting period does not begin until we have received your paperwork, completed our legal documents, submitted it to the divorce referee and filed it with the court.

If you’re wanting to get an uncontested divorce and have more questions give us a call at 901-881-6353 or email me at James@LawFerrell.com. If you would like to see how much it would cost you for a Memphis divorce click here.

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

What is the Waiting Period in Tennessee for a Divorce?

February 5, 2010 By Leave a Comment

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?andy warhol waiting

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!

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

Communicating With Attorneys – How Do I Do It?

February 4, 2010 By Leave a Comment
Communicating with attorneys can be like catching a unicorn – we know that!  There are always emails to answer, court dates to attend, legal research to conduct, documents to draft, phone calls to return, meetings to go to, even lunches to eat (sometimes).

So what is your best bet for reaching someone who can be here, there, or everywhere?

For our office, we recommend one of two ways; either by email or calling our office to schedule a phone conversation time.  Every attorney in our firm sets aside time each day to review, answer, and send emails and return client phone calls, whereas it can be far more difficult to randomly call in hoping to speak with me or one of our other attorneys.

Our legal assistant will do her best to field basic questions for you, but always remember that she is NOT an attorney and can therefore not provide legal advice.  Send us an email, though, and it will give us the opportunity to conduct a little research for you, consult with other attorneys, or refer to your file so that we can answer your questions to the best of our ability.

We recommend, too, your compiling your questions into single, dense emails rather than filling our inboxes with hundreds of single questions (keep in mind that each attorney can be working with upwards of forty clients at any one time – forty clients times twenty emails a day each is 800 emails a day!).  It streamlines the process and lets us answer all of your questions at once.

By following these little pieces of advice we can quickly and efficiently handle your case and move it through as quickly as possible.

Filed Under: Q&A, Tips & Miscellaneous

Q & A: Firing an Attorney

December 18, 2009 By Leave a Comment

Q:

I want to change the child custody order from my previous divorce but I don’t want to use the same lawyer who handled my divorce, do I need to fire him before I hire you guys?

A:

In regards to firing your current attorney, my first question would be whether you actually are currently represented by an attorney.

If your divorce is final then the original scope of your agreement with your current attorney would most likely already have ended. Attorneys are generally retained for specific matters only. This means that your attorney would have been retained to represent you only in your original divorce matter. Once the divorce was final then you would no longer be represented by him, and there would be no need to “fire” him. You would be free to hire a new attorney for any new matter that comes up. A change of the parenting plan to give you more custody would be a new matter.

If you have not had him begin work on this new matter then you do not need to “fire” him. You can simply call any attorney and begin a new relationship with them.

Of course, if your old attorney has already begun to work on this new matter then you would need to let him or her know that you are going to seek new representation and will no longer need their services. I suggest that you both call their office and mail them a letter informing them of this decision and asking them to release all your files to you. But it is very important that you send them a letter.

In this situation they would be entitled to any fees for work they have completed up until that point. This would possibly include any non-refundable retainer if this was paid by you.

Unfortunately custody modifications can be one of the most expensive types of family law issues. (In reality the most expensive part of the original divorce is usually the determination of child custody.) Unless both parents are in agreement to the modification, these types of issues almost always result in a trial in front of a judge. The court will also need for there to be some type of reason to grant the custody modification, if contested.

Filed Under: Child Custody & Visitation, Q&A, Tips & Miscellaneous

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

September 17, 2009 By Leave a Comment

It mostly depends on YOU!

The timeline of each divorce is as unique as the people and situations involved.  But the question is common: how long will it take for my Memphis uncontested divorce? 

Once you have met with and retained an attorney, a lot of the timeline control will lay in your hands.  The attorney’s ability to draft your divorce paperwork will depend on the speed with which you get them the necessary information.  How you get that information to them can be key, too – it is often easiest to gather all applicable information at once to submit to your attorney, rather than calling or emailing repeatedly with tidbits of information here and there.

Once they have all of your information, your attorney will draft your divorce documents (see our Resource Center for examples of these) and give them a review.  This can take a few days to do properly, depending on the attorney’s caseload or court schedule at the time.  The papers next get your review and stamp of approval, which again is on your schedule.  When the paperwork is approved, then it gets mailed to the opposing party for their signatures – while we include a self-addressed, stamped envelope for ease of return, this section can take some time as well (factor in postal service timing in addition to the other party’s ability to sign in the presence of a notary public).

When the paperwork returns to the attorney’s office you are contacted to come in to sign.  When all signatures are in order and all payments have been made for filing fees, the documents will get filed.  This can take a few days, depending on the attorney’s schedule or proximity to the courthouse.  It is at this time only that a concrete timeline begins: in Shelby County, TN, there is a 60-day waiting period for divorces without children and a 90-day waiting period for divorces with children, while in DeSoto County, MS, there is a 60-day waiting period for divorces based upon the grounds of irreconcilable differences.  At the end of that waiting period, your attorney will contact the courts to determine or request a final hearing date.  That date can be anywhere from within the same week to several weeks out, depending on your, the court’s, and your attorney’s schedules.  At the time of the final hearing’s conclusion, your divorce is final.

All in all, your divorce can range anywhere from two and a half months to a year or more, depending on your ability to fulfill your attorney’s requests for information and documentation quickly, schedule time to sign paperwork, and how you choose to communicate all of that information.

Filed Under: Q&A, Uncontested Divorce 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: , ,

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

December 12, 2008 By Leave a Comment

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.

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

Should You Represent Yourself in Your Memphis Divorce?

May 30, 2008 By Leave a Comment 
The following post was originally written by Houston divorce attorney Scott Morgan.
Click Here to visit his Houston Divorce Blog.

In recent years I have noticed an ever increasing number of pro se litigants (people who represent themselves) at the family law courthouse. I mentioned this to a judge who estimated that 50% of her docket was comprised of pro se cases.

For several years now the basement of the Family Law Center has been occupied by a staff member of the Houston Volunteer Lawyers whose basic job is to assist the pro se litigants with the numerous document errors that are caught by the judges during what are supposed to be quick, easy uncontested prove up hearings.

It is my understanding that most of these people are using divorce form websites. They pay approximately $200 or so for the fill-in-the-blank divorce forms that are supposed to be acceptable in their jurisdiction.

Among the many problems of a divorce form website is the obvious difficulty in creating documents that are effective and current in all 50 states, not to mention addressing the various peculiarities of individual counties and individual judges. The fact that judges can and usually do find numerous errors in the documents during a very brief scanning at the prove up hearing is evidence of just how bad a job these form websites do.

My basic view on representing yourself is this: if you have no assets, no liabilities, no children, and you are just unable to financially afford a lawyer, then go ahead take a stab at representing yourself. However, for most people their divorce case will be the most significant financial and legal event of their life and it needs to be handled correctly. If it is not handled correctly the hidden error is likely to reveal itself at some later date.

Here is an example. Early in my career I was visited by a lady who had been divorced several years prior. Her ex-husband was now retired from the military and receiving his pension. During the divorce neither party had been represented by an attorney and the husband had handled the paperwork. She admitted to me that at the time she would have signed any document he asked her to and given him anything he wanted. She just wanted out of the marriage, an attitude shared by many going through divorce who later regret it.

Now she wondered if she had any right to a portion of his pension, since they had been married for about 15 of his 20 years of military service. I expected to find in the Decree the standard boilerplate language awarding all of retirement assets to the party in whose name it was held.

To my amazement the Decree was silent on the issue of retirement benefits division. It simply did not address that asset. You can guess the rest of the story. I filed a petition to divide undivided property and within a relatively short time she was receiving nearly $1000 a month out of husband’s pension.

In this case the end result was a just one and I was happy to help her achieve it. But you can bet her ex-husband felt otherwise. He could have easily avoided the result by not being so cheap and hiring a lawyer. Even the most mediocre of family law attorneys would not have made that mistake. Over the course of his life that error could end up costing him $100,000, $200,000, or more.

While this might seem like a dramatic example of a pro se error, I can give you many, many more just from the ones I have personally seen. The errors involve child support, visitation, conservatorship, alimony, property division, etc., you name it.

The bottom line is that your divorce case is far too significant and important to just hope you get it right. You need to be certain that it is handled correctly and you can only do this by hiring a quality divorce lawyer.

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