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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?

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: ,