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Starting/Facing a Divorce in Tennessee
The Tennessee divorce process can be
difficult to navigate alone.
We are here to be your guide.
Prior to initiating a divorce in Tennessee, 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 attorney 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:
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Review your questionnaire and other relevant documents to gain a thorough understanding of your particular situation;
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Talk with you to learn more about your situation, your concerns, and your goals;
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Share with you our thoughts regarding the strengths and weaknesses of your position;
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Provide you with information relating to alimony, spousal support, distribution of marital assets, distribution of marital debt, child custody, visitation, and child support;
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Collaborate with you to set realistic goals and develop a legal strategy tailored to your unique situation and goals;
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Provide you with an estimated cost of your divorce services; and
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Discuss your payment options.
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 your bank account, debit card, 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 attempt to negotiate a divorce settlement with your spouse prior to initiating divorce lititgation. 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, we will require 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.
