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!

The next few series of posts will define some of the most common terms that you will hear when going through with a Memphis divorce or in speaking with a Memphis divorce attorney.

1.  
   1. Complaint – The pleading used to commence a divorce action that is filed with the court clerk.
   2. Petition – Same as a complaint. In Memphis courts we generally use the term petition.
   3. Plaintiff or Petitioner – The person who files the complaint. May be called Petitioner if a petition is used instead of a complaint.
   4. Defendant or Respondent - The person who the complaint is filed against. This person is usually required to answer the complaint within a certain number of days, or file a waiver to the complaint. After the complaint is field, the defendant is usually served with a copy of the complaint and a summons directing the defendant to answer the complaint.
   5. Summons – This is a document signed by the Court Clerk and served on the defendant. It informs the defendant that a complaint has been filed and directs the defendant to file an answer within the required time.
   6. Waiver of Process - In cases where the defendant does not desire to file an answer, or where the defendant agrees to the divorce, the defendant will file a waiver of process.
   7. Entry of Appearance - Often the defendant will include an entry of appearance with the waiver of process and the forms are sometimes combined into a single form. The entry basically provides that the defendant enters his or her appearance in the case and may consent to any entry of divorce.
   8. Court Clerk - Courts have clerks who handle the court papers, hearings and other matters. A complaint is filed with the Court Clerk usually in the county of residence of the parties. The clerk is the clerk of the court who handles domestic matters in Shelby County.
   9. Waiting Period - Tennessee has a waiting period from the time of filing the complaint before the matter may be heard or a final judgment entered. You cannot set the case for trial or present a judgment of divorce until the waiting period has expired.
   10. Final Judgment - The form which concludes the divorce is called a final judgment, i.e. Fianl Judgement of Divorce or Dissolution of Marriage. It is presented to the Court after all requirements to obtain the diorce have been met. In a no-fault case, the final judgment may attach and incorporate the terms of a settlement agreement or recite the provisions of a filed settlement agreement. Same as a Decree.

by Roderic Duncan, Judge

Here are some ways to divide property fairly during a divorce.

For most couples, splitting up your possessions is a big part of the process of getting divorced. Either you and your spouse sit down and decide together who gets what — or a judge will have to divide what is called your “marital property” or your “community property.” If possible, of course, it’s best to do the dividing yourselves.

The most important advice I can give you on this subject is to be open and honest in setting out everything of value you have come to own during your marriage. That includes revealing that you still have a little bank account you stuck away secretly five years ago when the two of you were thinking about splitting up. Items such as these tend to surface sooner or later, and the penalties for hiding something of value can be devastating.

1. Dividing Up Property Yourselves
   If you and your spouse are going to try to divide your property yourselves, here are some steps to get you started.
2. List your belongings. Working together, make a list of all of the items that you own jointly and need to be divided. Of course, you can omit items both of you agree are personal things of insignificant value. And, for example, when dealing with furniture that is not of great value, you can just specify “furniture in master bedroom,” “dining room furniture,” and so on.
3. Value the property. Try to agree on the value of anything worth more than a specific agreed amount — say $100 or $500. If there is a house, a business, or anything that is difficult to value, get an opinion about that from some agreed outside authority. For example, for your house, pick a realtor who is familiar with your neighborhood. Or, for antiques, you can hire a professional appraiser. You may need an actuary to value a pension and an accountant to help you value an investment. If there is a mortgage or other debt associated with any item, be sure to subtract the amount of the debt from its value so that you list its net value.
4. Decide the logical owner. Now go through your main list, item by item, and decide whether there is some good reason to have each piece of property go to one or the other of you. Start with the items with the biggest value and see how far you can get. If having an equal split is important to you, keep track of the total value each person accumulates. Later, trade off on the smaller items, with each of you taking one in turn.
5. Get the judge’s approval. If you and your spouse can agree on dividing the property you own together, the court will normally approve whatever agreement you have reached. The only exception is when a party who doesn’t have a lawyer seems to have agreed to take a lot less than half of the property. In that case, the judge may want to ask a few questions to be sure that one of you isn’t taking advantage of the other. But don’t count on this intervention in every case.

5 Additional Techniques
If it becomes difficult to proceed as suggested above, it may be helpful to try a few additional methods.

• Coin flip I. Flip a coin and have the winner divide up all the items. Do not break up sets of things, such as dishes and tables with matching chairs. The loser of the coin flip then chooses which list he or she will take; the remaining list belongs to the listmaker.
• Coin flip II. Flip a coin and have the winner place a monetary value on each item on a list of items to be divided. The other person then chooses the items he or she wants, up to one-half of the total value of all the items on the list. The person who won the flip is awarded what remains.

This method can also be used for one item at a time: The first person places a value on an item, such as the car, and the other person either takes it at that value, or it goes to the first person at that value.

• Hold a sale. Hold a garage sale, then divide the proceeds equally.
• Entertain bids. On items of substantial value — a house, a business, an expensive car — have each spouse submit a sealed bid; when the bids are opened, the highest bidder gets the item. For example, if you have an expensive antique and one of you bids $8,000 and the other $9,000 on it, the higher bidder gets the item at its listed value. An equalizing payment is made at the end of the process.
• Auction it off. Hold a real auction with a neutral person acting as auctioneer and the two spouses being the only bidders allowed. Any increased bids should be a minimum percentage, such as 5%, over the last bid. Otherwise, the parties might be able to force the proceedings to go on into the night as they raised one another a dollar at a time.