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Divorce Attorneys Serving Memphis, TN
Key Takeaways
- Divorce attorneys from an experienced law firm are a vital resource for navigating a divorce in Memphis, Tennessee.
- Even an uncontested divorce will take at least 60 days from date of filing a Complaint to finalize due to the state’s mandatory waiting period.
- A Memphis divorce lawyer can help you through every step of the process, offering legal advice regarding child custody, alimony, and other family law matters.
- If you and your spouse have minor children, then you will have to attend a mandatory parenting seminar and deal with an extended 90-day waiting period for a Tennessee divorce.
While some divorces are straightforward, others can be complex and challenging. Yet, every divorce case, no matter how complicated, deserves a swift and definitive resolution. With approximately 2,400 divorces divorces occurring daily in the country, it’s crucial to recognize that each case is unique and must be handled with careful consideration of its specific circumstances.
Navigating the legal system around divorce in the Memphis area can be difficult despite the efforts made to make it easier. A useful tool is the help of experienced divorce lawyers from Cordell & Cordell. Our law office works to advocate for men in family law systems, taking an aggressive approach to court to help get a favorable outcome for you and your family. Take a closer look at how our divorce attorneys can help you every step of the way, and reach out to learn more about the legal services our family law group offers.
Why Work With Cordell & Cordell
Cordell & Cordell focuses on representing men in the family court system. Too often, we see these kinds of courts rule against men with a bias that favors women and mothers. With our help, you will have an experienced advocate as a man and/or father who will help you focus on equity and the best interests of any children, which are the factors the courts are supposed to value most. Take a look at what some of our previous clients had to say about our services and attorney-client relationship.
Client Experiences
“[My attorney] was a FANTASTIC lawyer whom I truly feel was on my side. I’ve had lawyers who have tried to run you over with how THEY want your case to go. [She] listened to my issue, took into consideration all of the facts and my evidence, and was able to surpass all of my expectations. I’d definitely recommend her to anyone looking for a great lawyer!” – Tijuana B.
“I would recommend Cordell & Cordell to anyone needing a family law attorney […]. In regard to my case, [my attorney] was very strategic in her actions and provided me with reassurance that everything would be okay during this stressful time. – Jarmenn S.
Our Family Law Practice Areas In Tennessee
- Child Custody: Fighting to maintain and maximize your role in your children’s lives
- Child Support: Working to preserve your financial interests and the interests of your children
- Collaborative Divorce and Mediation: Enabling couples to dissolve their relationship flexibly without court involvement
- Contempt Proceedings: Held for violations of court orders
- Establishing Paternity: Ensuring receipt of all paternity rights through a declaration of paternity
- Divorce: Working with you to outline your divorce goals and prepare for your case
- Legal Separation: A court process for defining rights and obligations between spouses living apart but still legally married
- Military Family Law: Addressing the complexities of divorce when one spouse is serving in the military
- Modification of Decrees: Assisting with modifications to adjust past decrees due to changes in financial circumstances
- Prenuptial Agreements: Providing security and planning for the future through well-structured agreements
- Asset Division and Property Division: Dividing assets and determining asset distribution during divorce
- Protection Order: Used by the court to protect against domestic violence, harassment, stalking, or sexual assault
- Spousal Support, Spousal Maintenance, and Alimony: Money paid to maintain an ex-spouse’s standard of living post-marriage
Navigating the Judgment of Divorce in Shelby County Courts
Divorces in Memphis are carried out through the Shelby County Chancery Court and Circuit Courts and it is always helpful to understand the process before you arrive. The following are the procedural steps you can expect from the divorce process.
- Determine the Grounds for Divorce: Tennessee is a no-fault state, so you can pursue a no-fault divorce on the grounds of irreconcilable differences. If you are pursuing a fault-based divorce, however, you will need to demonstrate proof of grounds.
- Filing the Complaint: When you file the complaint for divorce, you are officially petitioning for a divorce action. If you and your spouse can agree on terms, the marital dissolution agreement is also filed at this time.
- Attend the Mandatory Seminar: After you file a complaint for divorce, you and your spouse are required to attend a mandatory parent educational seminar if you and your spouse have minor children together. It lasts four hours, and completing it will earn you a certificate of completion, which must be submitted to the court by both parties prior to finalizing the divorce.
- Waiting Period: There is a sixty-day minimum waiting period to get a divorce in Tennessee. If you and your spouse have minor children, that waiting period is extended to ninety days.
- Discovery: Can be filed any time after a Complaint is filed. This is a legal procedure in which each spouse has the right to gather information about the other regarding relevant matters like assets, debts, income, and more.
- Divorce Mediation: After discovery, contested divorces must go through mediation before trial. A neutral party mediates to see if terms can be met.
- Trial: If you and your spouse cannot come to an agreement, then you will proceed to trial. This involves presenting evidence to the court and having a judge determine the terms of the final divorce decree.
Understanding Alimony in TN and Protecting Your Assets
In a divorce, marital assets are ideally split equitably between both spouses. Determining what is equitable, however, can be difficult and could result in your spouse taking assets to which she would ideally not be entitled. Understanding how alimony works in Tennessee and some strategies for protecting your assets can help.
- Clearly Define Marital Property and Separate Property: The only kind of property typically distributable in a divorce is marital property or property that you and your spouse jointly own and acquired during the marriage. By distinguishing this between separate property, or property solely yours acquired before the marriage, you can protect your assets in many cases.
- Know Your Overall Net Worth: To properly form an asset protection strategy, you must calculate your assets’ total value. The court will evaluate the property and income of each spouse before and after the divorce, so knowing these figures beforehand puts you at an advantage when planning your strategy.
- Separate Assets: If you share any assets with your spouse that can be separated, it is useful to separate them. This can include bank accounts, personal property, and even debt. Just make sure there are records of your finances and transactions because the judge will certainly be able to find them.
- Consider the Taxes: Assets of equal value may not necessarily be taxed equally, so it’s important to remember how taxes apply. For example, you may be able to get $50,000 worth of access to a 401(k) account while your wife gets $50,000 from a bank account. While both of these are worth $50,000, money withdrawn from a 401(k) is taxed, while money withdrawn from a bank account is not.
- Hire an Attorney: Getting an attorney on your side can offer a significant advantage in any divorce case. At Cordell & Cordell, we have extensive experience representing men in family law cases and advocating for them against court bias.
Why You Should Join a Divorce Support Group in Memphis
Divorce is a difficult time for everyone, even in situations where divorce is the best option moving forward. Joining a support group is a great way to cope with the process and take care of your own mental and emotional health as you navigate this stressful time. Check out our town hall and other resources below if you want judgment-free, non-religious support groups.
Take Control of Your Divorce with Cordell & Cordell
At Cordell & Cordell, our divorce attorneys with years of experience can help you navigate this stressful time and create a better future for you and your family. Get in touch with our team today by calling 866-DADS-LAW or by filling out our online contact form to schedule an initial consultation.
Frequently Asked Questions
The length of divorce in Memphis depends on how complicated it is regarding asset distribution, minor children, etc., but it generally takes at least 60 days from the date of filing a Complaint to finalize the process at the best of times. More complicated divorces can take several months to complete, especially if they reach the trial stage.
Divorces have a waiting period in Memphis, so Shelby County requires at least 60 days before finalizing the divorce after signing divorce papers. In cases where the divorcing spouses have minor children together, the minimum waiting period is extended to 90 days.
The Tennessee court calculates alimony in Memphis based on several factors, including the following.
- Each spouse’s earning capacity
- Each spouse’s education and occupational training
- The duration of the marriage
- The age and mental condition of each spouse
- The physical condition of each spouse
- How custodial parenthood will affect one’s ability to work
- Each spouse’s separate individual assets
- Marital fault
- Tax implications or other factors the courts deem relevant in accordance with Tenn. Code Ann. § 36-5-121 (i).
Child support in Shelby County is calculated based primarily on the combined gross income of both parents to set the basic support obligation. The number of children and the amount of parenting time each parent gets also play a role in the overall calculation. High-income parents are expected to generally pay more, while low-income parents are generally protected against payment calculations that would compromise the parents’ ability to support themselves.
For help achieving a fair custody agreement, hire a child custody lawyer. Additionally, negotiating a parenting plan will go a long way without involving the courts in the planning.
Child support can be deducted from SSDI benefits, but it cannot be taken from SSI payments. The law explicitly prohibits SSI payments from being garnished for child support purposes.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.