Prior to initiating a divorce, it’s important to understand your rights, what you can expect going forward, and what you can do to make the divorce process as quick, cost effective and painless as possible. Divorce is difficult, but it does not have to be devasting. The Walls Law Firm is here to help guide you through this difficult time. You can learn what you need to know now to protect yourself, your finances, and your children by reading our FREE divorce guide entitled Divorce with Dignity and scheduling a Divorce Planning Session with our Memphis divorce attorney. 

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The Four Core Areas of Divorce

Throughout the divorce process, you will have to make many decisions that may have an immense effect on you, your finances, and your children.  There are four core areas that you will have to make decisions regarding.  They are child custody and visitation, child support, the division of marital property, and spousal support.  Click the links below to learn more about each of the core areas of a divorce.

Divorce Planning  Session

Protect yourself, your finances, and

your children by planning ahead.

When considering a divorce in Tennessee, it is important that you become informed about your legal rights and responsibilities so that you can plan properly for your divorce.  Our Memphis divorce attonrey offers a low cost divore planning session to provide you with an indepth analysis of your situation, helpful legal information, and a divorce strategy tailored to your particular situation to save you time, money, and stress.  The cost of the divorce planning session is $100.  If you decide to retain our Memphis divorce attorney, your divorce planning session fee will be credited towards the overall cost of your legal services, making it free in effect.  Our divorce planning sessions can be completed in our office, by phone, or by video conference.  You may choose the method that is most convenient for you. You can expect your divorce planning session to last from 45 minutes to one hour.

 

We want the time you spend with our divorce attorney to be meaningful and valuable.  That is why when you schedule a divorce planning session, our divorce attorney will send you an email informing you how to prepare for your divorce planning session.  The email will also contain a link to our divorce intake form for you to complete prior to your divorce planning session. 

 

During your divorce planning session, our memphis divorce attorney will:

  • Review your questionnaire and other relevant documents to gain a thorough understanding of your particular situation;

  • Talk with you to learn more about your situation, your concerns, and your goals;

  • Share with you our thoughts regarding the strengths and weaknesses of your position;

  • Provide you with information relating to alimony, spousal support, distribution of marital assets, distribution of marital debt, child custody, visitation, and child support;

  • Collaborate with you to set realistic goals and develop a legal strategy tailored to your unique situation and goals;

  • Provide you with an estimated cost of your divorce services; and

  • Discuss your payment options.

 

In addition to providing you with legal information, another objective of our divorce planning session is to determine whether or not you and our firm are a good fit for each other.  There are many reasons why we might decide not to represent you, but if we make such a decision, it should never be taken personally. 

 

If we decide you are a good fit for us and you feel likewise, we will discuss your payment options, decide on a payment plan, and execute an Attorney-Client Agreement.  If you would like to take advantage of one of our affordable payment plans, you will need to bring a government issued photo identification, your last two check stubs, a copy of your last bank statement, and a debit or credit card with you to your consultation. The payments for your attorney fees will be automatically drafted from the debit or credit card you provide in accordance with the payment plan you choose. 

 

 Please note that your divorce planning session is confidential and subject to the attorney-client privilege, even if you do not retain our Memphis divorce attorney.

 
 

Uncontested Divorce

vs.

Contested Divorce 

in Tennessee

Uncontested Divorce

An uncontested divorce is a divorce in which you and your spouse:

1)are fully aware of each other's income, assets, and liabilities; 

2)have already reached an agreement regarding all issues in relation to your divorce (including, but not limited to, spousal support, alimony, child support, child visitation, child custody, parenting time, distribution of marital debts, and distribution of marital assets);

3)are willing to waive service of process; and

4) are willing to sign the necessary divorce documents.

 

The starting attorney fees for our uncontested divorce packages range from $750 to $1050.  When you purchase an uncontested divorce package, a Marital Dissolution Agreement, Agreed Permanent Parenting Plan Order (if you and your spouse have children together), and Final Decree of Divorce will need to be signed by you and your spouse before your Complaint for Divorce will be filed with the court.

 

To get started, click here to schedule a divorce planning session with our Memphis divorce attorney.

A contested divorce is a divorce in which you and/or your spouse:

1)are NOT fully aware of each other's income, assets, and liabilities; 

2)have NOT already reached an agreement regarding all issues in relation to your divorce (including, but not limited to, spousal support, alimony, child support, child visitation, child custody, parenting time, distribution of marital debts, and distribution of marital assets);

3)are NOT willing to waive service of process; and/or

4) are NOT willing to sign the necessary divorce documents.

 

The starting attorney fees for our contested divorce packages range from $2400 to $3600.  When you purchase one of our contested divorce packages, we will try to negotiate a fair and reasonable divorce settlement with your spouse before a Complaint for Divorce is filed with the court. When you purchase one of our flat fee contested divorce packages, you will be charged one flat fee for us to handle your divorce case from the beginning until the conclusion of mediation, as the majority of divorce cases are resolved during mediation.  If you and your spouse are unable to reach an agreement regarding all issues in regards to the marriage during mediation, there will be an additional rate for us to represent you during the litigation phase.

 

To get started, click here to schedule a divorce planning session with our Memphis divorce attorney.

Contested Divorce

 

Tennessee Divorce Process Flowchart

Uncontested Divorce

Contested Divorce

Drafting of Uncontested Divorce documents

Review of Uncontested Divorce documents

Signing of Uncontested Divorce documents

Filing of Uncontested Divorce documents

Parties attend Parent

Educational Seminar

and provide attorney

certificates of completion

Do the parties have minor or dependenat children together?

Yes, the parties have minor or dependent children together.

Parties wait 90 days

Copies of the Final Decree of Divorce are furnished to the parties in pdf format

Final Hearing for Uncontested Divorce is scheduled

No, the parties do not have minor or dependent children together.

Parties wait 60 days

Certificates of Completion of Parent Educational Seminar are filed

with the court

Petitioner attends the  Final Hearing for Uncontested Divorce

Final Hearing for Uncontested Divorce is scheduled

Divorce Planning Session

Petitioner attends the  Final Hearing for Uncontested Divorce

Copies of the Final Decree of Divorce are furnished to the parties in pdf format

Is the divorce

contested or

uncontested?

Drafting of Contested Divorce documents

Review of Contested Divorce documents

Signing of Contested Divorce documents

Filing of Contested Divorce documents

Issuance of Summons

Defendant is served Summons

Defendant has 30 days

to answer after

being served

Did Defendant answer?

Yes,

Defendant answered.

No,

Defendant did not answer.

Motion for Default Judgment and Supporting Affidavits are drafted

Motion for Default Judgment and Supporting Affidavits are reviewed

Motion for Default Judgment and Supporting Affidavits are signed

Motion for Default Judgment and Supporting Affidavits are  filed

Hearing for Motion for Default Judgment is scheduled

Petitioner attends Hearing for Motion for Default Judgment

Order of Default Judgment is granted

Wait 30 days

Final Hearing for Uncontested Divorce is scheduled

Petitioner and a witness attend the  Final Hearing for Uncontested Divorce

Parties attend Parent

Educational Seminar

and provide attorney

certificate of completion

Parties' Certificates of Completion of Parent Educational Seminar are filed with the court

Copies of the Final Decree of Divorce are furnished to the parties in pdf format

Defendant's Answer

is reviewed

Informal Settlement

is explored

Defendant has 30 days to provide answers to requests for discovery

Request for Discovery is filed with the court

Mediation is scheduled

Parties attend mediation

Did the parties resolve all the issues during mediation?

Was mediation successful?

Yes, mediation was successful

The Marital Dissolution

Agreement, Permanent Parenting Plan, and Final

Decree of Divorce are drafted

The Marital Dissolution

Agreement, Permanent Parenting Plan, and Final

Decree of Divorce are reviewed

The Marital Dissolution

Agreement, Permanent Parenting Plan, and Final

Decree of Divorce are signed

The Marital Dissolution

Agreement is filed with the court

No, mediation was not successful

Final Hearing for Uncontested Divorce is scheduled

Petitioner attends the  Final Hearing for Uncontested Divorce

Copies of the Final Decree of Divorce are furnished to the parties in pdf format

Attorney and Client will discuss additional attorney fees for future services

Decide whether or not to continue on mediation path

If so, schedule additional mediations

Motion for Temporary Relief (child custody/child support/ spousal support)

Depositions

Additional

Disclosures/ Discovery

Pretrial

Trial

Orders and Briefs

     In Tennessee, you must go through a legal proceeding in order to obtain a divorce.  The goal of the legal proceeding is to end the marriage and decide child sutody, child visitation, child support, alimony(sometimes called spousal support), division of assets, and division of debts.   Divorcing spouses can obtain a divorce by agreement or a divorce trial.  The simpliest and often most cost efficient manner is by agreement. If you and your spouse have already reached an agreement regarding all the terms of your divorce, then your divorce is considered to be uncontested.  If you and your spouse have not reaced an agreement regarding all the terms of your divorce, then your divorce is contested.  However, your divorce does not have to remain contested, even though it begins contested.   The uncontested divorce process is typically quicker than the contested divorce process.  An uncontested divorce typically takes three to six months.  A contested divorce typically takes a year or more.  The Tennessee divorce process differs depending on whether or not your divorce is contested or uncontested.  The following flow chart depicts the typical divorce process in Tennessee.

Walls Law Firm


Telephone: 

901-315-0559

 

Fax:

901-466-6981


Email address:

n.walls@YourPerfectLawyer.com

 

Address: 

Walls Law Firm

1661 International Drive

Suite 400

Memphis, Tennessee 38120

                               



 

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Our law office is located in Memphis, Tennessee, but we also serve all of Shelby County, Tennessee including Bartlett, Germantown, Collierville, Millington, Shelby Forest, Lakeland, Eades, Fisherville, Arlington, and Rosemark, Tennessee.

 

 

You must be 18 years or older and a resident of, or authorized to do business in, the State of Tennessee in order to use the legal services offered by this web site. The information on this website is for advertising purposes only, and does not constitute legal advice, create an attorney-client relationship, nor guarantee particular results.

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© 2013 by Nakeshia Walls, Esq.