Collaborative Divorce: “It’s all the rage”
May 2, 2008 | 2 Comments
“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?
April 8, 2008 | Leave a Comment
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?
February 20, 2008 | Leave a Comment
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?
February 6, 2008 | 1 Comment
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.
- Agree with your spouse on who gets everything.
- Make sure that both of you want a divorce.
- Don’t be greedy and insist on fighting over that hideous Christmas gift from Aunt Sally that neither of you actually like.
- 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.
Sample form for a Memphis Tennessee Complaint for Divorce
February 3, 2008 | Leave a Comment
I know there are a lot of you out there who want to see what a Tennessee Complaint for Divorce form looks like. As Memphis Divorce attorney’s we’re happy to help you out. Just click the link below to see a very basic sample of a Tennessee complaint for divorce. This will show you some of the information that will be included in your official Memphis divorce complaint. This form is used for an uncontested Memphis divorce.
Here’s a Sample of a Tennessee Complaint for Divorce
Information Necessary to Draft a Marital Dissolution Agreement in Memphis for Uncontested Divorces
February 3, 2008 | Leave a Comment
After you’ve filed your official complaint for an uncontested divorce in a Memphis divorce court, you’re going to need to put together a list of items that show who gets what. When you visit your Memphis Divorce Lawyer to put together this list for your Tennessee Marital Dissolution Agreement the following items will need to be considered:
- A list of household goods and furnishings to be awarded to each party.
- A copy of property deeds if property is to be transfered, including information about liens (mortgages) to be assumed. You’ll also need to include any details and agreements regarding occupation, maintenance and upkeep, or payments on property that is to be sold or kept as joint property.
- List of all vehicles with details regarding the model, year of vehicle and the VIN number. You’ll also need to list who will be awarded each vehicles and who will assume the loans of each vehicle.
- List of debts to be awarded to each party with the names of the creditors
- Information about any pending bankruptcies.
- Information about health care coverage and whether either party will pay for the continuation of health insurance for the other.
- Information about any spousal support agreements.
- List of all bank accounts and details of which party is to keep each one. Include any agreements about closing or keeping accounts.
- List of retirement/pension or other investment accounts and any agreements about their division, list of any memphis qualified domestic relations orders to be drafted, and if so any information that can be provided by the employer regarding retirement or pensions to assist in the QDRO.
- Does the wife seek a name change? If so list what the name is to be changed to.
