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.

Mississippi Divorce Law Update

Today an article came to our attention, and we thought you mind find it interesting, too.  Jack Elliot Jr. of the AP wrote “Analysis: House declines to expand divorce laws,” an article discussing recent activity in the Mississippi House of Representatives regarding proposed divorce legislation.  The article tells us that thirty years ago Mississippi enacted “no-fault,” or uncontested, divorces.  More recently, State Rep. Mark DuVall (D-Mantachie) sought to add compulsive gambling as a 13th ground for divorce last week.  The bill ultimately failed with 40 votes for and 74 against.  Other bills dealing with child custody issues and premarital agreements have been filed this year, and a few others have proposed adding irreconcilable differences (a frequently-used ground for divorce in uncontested divorces in Tennessee) as a 13th ground, but the irreconcilable differences failed as well.  Opposition to these bills has expressed the desire to keep the state from making divorce any easier.  What do you think – do additional grounds for divorce make getting a divorce easier?  Do you think compulsive gambling or irreconcilable differences are reasonable grounds for divorce?

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.

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

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.

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.

Memphis divorces – Collaborative Style!

We all know that as a divorce progresses, it can go many ways – smoothly, haltingly, or can hit a roadblock at full speed.  There is a brand new option in Memphis: collaborative divorces through the Mid-South Collaborative Divorce Alliance, to help you through the process as smoothly as possible.  And, according to Commercial Appeal writer Cathryn Stout, by using a “collaborative law” approach to your divorce, you can save up to as much as half on normal divorce costs and finish the process much more quickly than otherwise possible. *

The key to the concept of a collaborative divorce is that both parties agree to settle the divorce without going to court and without the help of a judge.  They also both agree to provide all necessary documents openly and up front, often in order to reach the best decision possible for their children.  Specifically trained lawyers provide guidance through group meetings.  Should the smooth road turn bumpy or impassable, these lawyers step out and others come in to work through a more contested situation.

We always seek to help our clients remain focused on cooperative decision-making in divorces, especially involving children, but we are happy to discuss options for this new collaborative divorce process as it develops in Memphis and elsewhere.

*Article published 3/7/2009: http://www.commercialappeal.com/news/2009/mar/07/the-practice/.

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.

Do You Really Have an Irreconcilable Differences Memphis Divorce?

In the state of Tennessee to dissolve a marriage without the other parties consent requires that you have grounds to divorce. Certain states have true no-fault divorces that don’t require one party to prove grounds. Grounds are a reason recognized by the state of Tennessee that they will allow you to get a divorce for. They range from adultery, abandonment, to a catchall inappropriate marital conduct that can include a variety of behaviors that it is “inappropriate” for one married person to do to another. Tennessee code section 36-4-101 sets out the fifteen grounds. Among those ground is one called “irreconcilable differences”.

As a lawyer who does divorces in Memphis this is what about half your clients will want when the call you. Some lawyers here advertise they can do one for $225 plus court costs in the Memphis Commercial Appeal! The problem is this really isn’t a ground for divorce under Tennessee law.

You see in Tennessee to get a divorce for irreconcilable difference you must have a signed and notarized Marital Dissolution Agreement that sets forth how all the property will be divided and who gets what. If you have children then you also need a completed parenting plan where you agree on all details, a child support worksheet based on that plan, and to take a parenting class.

All of the above will need to be signed notarized and approved by your ex-spouse. You cannot force your ex-spouse to sign the above. There is no legal penalty for failing to do so. There is also no way to default on these grounds. So if your spouse has taken off for the last two years with her lesbian lover to Nepal then you can’t get an irreconcilable differences divorce. Now if all the above is done then you can get divorced in 60 days from filing without children or 90 days with.

Now if you come to me and pay me to do the paperwork for an irreconcilable difference divorce and your spouse isn’t prepared for having the papers presented to them numerous things can and frequently do happen.

1. Your spouse may sue you for divorce.
2. Your spouse may remove all the money from any joint checking accounts, tell her relatives you are threatening him/her, and get an order of protection against you.
3. Take the kids and move to Florida.

All of which because an irreconcilable differences divorce has no mutual mandatory injunction are very hard to combat. They also cause your lawyer to instead of doing a little cutting and pasting, counseling you for a half hour, answering a few questions, filing, and one short flexible court appearance to spending hours upon hours in multiple court appearances, frantic calls from you, and filing numerous documents to get you back in your house or the kids back from Florida.

Your lawyer is also going to want a lot more money than $225. Frequently lawyers advertise irreconcilable differences divorces for low amounts and then refuse to perform any work unless you pay them say an additional $2000 retainers which will only cover the most moderately contested divorce.

Most lawyers can crank out an irreconcilable difference divorce in about two hours of work. A lightly contested divorce can consume twenty hours of time in mediation and initial court appearances. That’s at one hundred and fifty or so dollars an hour. Going to trial can take hundreds of hours.

So what happens if you get a lawyer to begin work on an irreconcilable differences basis when you shouldn’t have? Well, you’re not going to have a lawyer for very long. They probably state in their contract they will perform no additional work and might not even have filed yet. In addition, they will be really ticked at you for underplaying the situation and will probably not be prepared to deal with whatever you spouse throws at you.

There are several morals to this. One, be prepared to be generous. Its going to cost you several thousand dollars to tens of thousands to seriously contest any issues using a Memphis lawyer. Second, be honest with your lawyer if you want your spouse out of the house or its going to take some serious effort to come to an agreement with your spouse. Third, remember you can’t get an irreconcilable difference divorce in Tennessee without AGREEING WITH YOUR SPOUSE ON ALL MATERIAL ISSUES.

This article was originally written by fellow Memphis divorce lawyer David Sandy. David’s original post can be found here.

Can you get a Cheap Memphis Divorce?

People call our office daily asking how much does it cost to get a divorce in Memphis? Generally what they are wanting to know when they ask this is if they can find a cheap Memphis divorce lawyer. Our answer is always the same, and that answer is “It depends.”

Finding a cheap Memphis lawyer has more to do with your case than anything. Here’s how you can find a cheap Memphis divorce lawyer.

1. Agree with your spouse on who gets everything.
2. Make sure that both of you want a divorce.
3. Don’t be greedy and insist on fighting over that hideous Christmas gift from Aunt Sally that neither of you actually like.
4. If children are involved you need to both agree on custody and visitation in advance.

If the spouses can work together on these four things then when you call a Memphis divorce attorney tell them that you want an uncontested, no-fault divorce. Uncontested, no-fault divorces are the lowest cost divorces available. Your Memphis divorce lawyer should be able to work with you to attain a cheap Memphis divorce in this situation.

However, if you can’t agree on these things expect an expensive and long divorce process. The Moral is that the meaner the divorce, the more expensive it will be.

If you have questions about our prices for uncontested memphis divorces please visit the FEES section of our website.

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