Video explaining how much it costs for an uncontested divorce without kids in Memphis

In this quick video we show how much the total costs are for a Memphis uncontested divorce without children.  The video is less than three minutes long and will help you completely understanding all the costs, including attorney fees and court costs.

How much does it cost for an uncontested divorce with children in Memphis – Video

Here’s a quick two minute video where we easily break down all the expenses for a Memphis uncontested divorce where children are involved.

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

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.

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.

What is the Waiting Period in Tennessee for a Divorce?

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?

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!

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/.

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