When it comes time to cut ties with an estranged spouse, no law firm is faster or more efficient at finalizing a divorce than our team. We’ve counseled hundreds of divorcing couples and we know what it takes to keep your interests guarded. Don’t fall for cheap lawyers who take on too many clients and can’t get the job done. Our boutique divorce practice takes the effort out of divorce and makes it easier to split than it was to get married. Keep in mind, for an uncontested divorce our law firm offers four pricing tiers: no property and no kids, with property, with kids exclusive of property, or a missing spouse divorce. We’re confident you’ll be extremely satisfied with our service.
If you're considering a divorce you may want to consider an uncontested divorce. Even if you have to sacrifice some footing with your spouse to get an uncontested divorce, the time, money and effort you save may be well worth any gain you could've gotten in a contested matter. Obviously, if great sums of money are at stake, or child custody is an issue, you should always consider a contested divorce, but if you and your spouse can agree on every issue in the divorce, in other words, you both just want to be separated and that’s it, then an uncontested divorce is surely in your best interest. The uncontested divorce lawyers at Balestrini, Barnes, Jaber, & Wood, PLLC have spent years guiding spouses through the divorce process. Our lawyers will sit down with you and go over each step of the divorce process to ensure that you have a full understanding of the law, your rights, and the potential rights you give up when you get an uncontested divorce.
What is an uncontested divorce?
In short, an uncontested divorce is a divorce where both spouses agree on all issues in the divorce. Essentially, an uncontested divorce is when both parties agree to the grounds for divorce as being a "no fault divorce” or “irreconcilable differences.” If property is involved both parties must agree upon the equitable distribution of that marital property. If children are involved both parties must agree on parenting time, child support, and who will be considered the Primary Residential Parent. All no fault divorces are based on irreconcilable differences.
Why should I consider an uncontested divorce?
Uncontested divorces are substantially cheaper than contested divorces. It is usually better for both parties to come to an agreement as to all matters in the divorce, i.e., property, alimony, custody and visitation, rather than having a neutral judge decide these for you.
How long does an uncontested divorce take to finalize?
After the filing fees are paid and the divorce complaint is filed an uncontested divorce with no children can be finalized in roughly 75 days (60 days by statute, in reality it takes longer due to the court's schedule). If children are involved an uncontested divorce takes roughly 105 days (90 days by statute) to finalize. These time frames cannot be usurped under any circumstances. They are the required minimum time frames in Tennessee to finalize an uncontested divorce and are often referred to as the "cooling off" period. The cooling off period is designed to do exactly as it sounds, give the parties a chance to cool off and reflect on whether a divorce is really necessary or whether reconciliation may be in order. Our Memphis uncontested divorce attorneys have represented spouses that later decided to reconcile during the cooling off period.
We have kids, can we still get an uncontested divorce?
Yes, as long as both parties can agree on parenting time, visitation schedules and child support (within the statutory guidelines).
How much does an uncontested divorce cost?
When seeking an uncontested divorce typical costs include attorney fees, filing fees and service of process fees. Our Memphis uncontested divorce attorneys charge a flat fee on all uncontested divorce cases. Of course payment plans are available.
• Uncontested divorce attorney’s fee with no property and no children: $550
• Uncontested divorce attorney’s fee with property and no children: $800
• Uncontested divorce attorney’s fee with children regardless of property: $900
• Uncontested divorce attorney's fee where your spouse is missing or can’t be served: $1100
* If your spouse lives outside the State of Tennessee add $125 to the applicable fee.
** Any divorce with 3 or more pieces of real property (e.g. house, farm land) add an additional $100 per property. If a quit-claim deed is required add an $250 per property.
*** Any unforeseen or additional motions or hearings that are due to circumstances not related to the attorney, add $450 to the applicable fee.
† For property division with assets totaling more than $500,000 pricing will be done on a case by case basis.
†† The attorney reserves the right to quote a higher price if the uncontested divorce is complex, convoluted, tangled or tricky.
In addition to the attorney’s fee in an uncontested divorce, there is also a court filing fee.
• Uncontested divorce filing fee with no minor children: $303.50 plus a credit card processing fee
• Uncontested divorce filing fee with minor children: $378.50 plus a credit card processing fee
In addition to both the attorney’s fee and court’s filing fee in an uncontested divorce, there is a small fee for service of process on the defendant/non-filing party.
The uncontested divorce service of process fee ranges from between $40 to $100 depending on the type of service required to actually serve the defendant/non-filing party. The service of process fee can also be waived if parties sign a Martial Dissolution Agreement.
Can I schedule a consultation?
Yes. Our office charges a $50 consultation fee that is applied to your divorce when you decide to hire us. For example, if you pay $50 for the consultation you owe $500 for the divorce, or whichever pricing tier applies to you.
If more than one consultation is required there is an additional $50 fee that is not applied to the divorce.
Keep in mind, these prices apply to uncontested divorces. If your situation requires an attorney to help negotiate the terms of your uncontested divorce, then the attorney reserves the right to charge more.
Do I have to live in Memphis, Tennessee, to get an uncontested divorce?
In order to file a complaint for divorce in Memphis based on irreconcilable differences, you must have resided in Tennessee for at least six months prior to filing. It is not required for your spouse to have resided in Tennessee at any time.
Does my spouse have to be here to get an uncontested divorce?
No, as long as your spouse is able to receive mail then they are not required to be in Memphis, Tennessee, or even in the United States. Our Memphis uncontested divorce attorneys have handled many international divorces.
What is a Marital Dissolution Agreement "MDA"?
A marital dissolution agreement, sometimes called an “MDA,” is a document used in irreconcilable differences divorce cases. It is a contract between both spouses to end their marriage in an amicable manner. The MDA will divide all marital property and marital debts. The MDA will address who receives what specific marital property, and, if necessary, who pays for real estate, vehicles, personal property, pets, retirement funds, stocks and other investments, martial debt (who will pay which debt and how much of it?), alimony (if appropriate), wife's maiden name, and address the court cost and attorney’s fee.
Your marital dissolution agreement should address all of the following areas:
• Real property
• Personal property
• Pensions and retirement funds
• Marital debt
• Alimony, if appropriate
• Wife’s maiden name
• Attorney’s fees and court costs
I want my divorce finalized as fast as possible, what do I need to bring to the consultation?
If you want your divorce done as soon as possible you'll need to know all of your spouse's pertinent information:
• Full name
• Current address
• Have they been a resident of Shelby County for the past 6 months?
• Date of birth and place of birth
• Social security number
• Are they employed? If yes, employer's name, address and phone number
• Number of prior marriages and how they ended
• Education level
• Monthly income
• Do they have health insurance?
• Were/are they in the military?
• Does your spouse want their maiden name restored?
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Balestrini, Barnes, Jaber & Wood, PLLC
1555 Madison Ave, Ste 202
Memphis, TN 38104
(901) 578-1515 P
(901) 578-2929 F