Experienced Memphis Divorce Attorney
Attorney Sam Jaber
Attorney Sam Jaber of Balestrini, Barnes, Jaber & Wood, PLLC, has been practicing divorce and family law for over a decade, building a reputation as one of the most experienced divorce attorneys in Memphis, Shelby County. In 2025 alone, Attorney Sam Jaber finalized more than 100 divorces — a level of volume that gives him a clear, practical understanding of how these cases actually play out.
He has seen virtually every situation that can arise in a divorce, from straightforward uncontested matters to highly contested custody and property disputes. The overwhelming majority of his clients leave the process satisfied, largely because Attorney Sam Jaber is direct from the very beginning. He tells clients what is likely to happen, not just what they want to hear, and he is able to do that because of the depth and consistency of his experience in the local courts.
Attorney Sam Jaber's experience in Memphis, Shelby County, is extensive and hands-on. He knows the divorce referees, the judges, and the different styles and expectations that can shape the outcome of a case. There are 13 possible courtrooms where a divorce may be heard, and Attorney Sam Jaber has handled hundreds of cases across all of them. That familiarity matters. It allows him to anticipate issues, position cases effectively, and guide clients through the process with confidence and clarity. He works hard on every case, charges a fair and reasonable rate, and approaches representation the way he would want to be treated himself.
Divorce is one of the most difficult experiences a person can go through, both emotionally and financially. You need more than sympathy. You need a Memphis divorce attorney who understands the system, knows the courts in Shelby County, and can help you move forward with a clear plan.
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Flat Fee Pricing
How Much Does a Divorce Cost?
If you are seeking a divorce and you have property or children, Shelby County courts will require you to have an attorney. And yes, a 401k is considered property.
We charge a flat fee on all uncontested divorces. Most cases can be started for $500 down with payment plans available on any remaining balance.
Attorney's Fees
| Situation | Fee |
|---|
| No property, no children | $700 |
| Investment or retirement accounts, no children | $900 |
| Real property, no children | $900 |
| With children, regardless of property | $1,000 |
| Spouse missing or cannot be served | $2,500 |
Court Filing Fees
| Situation | Fee |
|---|
| No minor children | $370 |
| With minor children | $450 |
Additional fees may apply for two or more pieces of real property (+$100/property), quitclaim deeds (+$200/property), out-of-state spouse, or complex matters. Assets over $400,000 are priced case by case. Service of process fees typically range from $40–$100. For a contested divorce, we charge an upfront retainer billed hourly.
Military service is not one of those add-ons. A servicemember pays the same fees as anyone else, and the rest of it is on the military divorce page.
Common Questions
Top 20 Divorce Questions
How does the divorce process work in my situation?
The first question to ask is whether your divorce will be contested or uncontested. An uncontested divorce means your spouse is willing to sign a marital dissolution agreement. A marital dissolution agreement is a document that resolves all matters related to the divorce. If there are children, the MDA will include a parenting plan and a child support worksheet. If there is property, the MDA will address how that property is divided. At our office, all MDAs are customized to fit each client and their specific situation. Keep in mind that in Shelby County, you generally cannot proceed with a divorce involving property or with children exclusive of property without an attorney, so buying a generic divorce form packet online is not a good idea.
If your spouse is unwilling to sign an MDA, then your divorce is contested. A contested divorce proceeds like a lawsuit. The opposing party must be served with a copy of the complaint and will have 30 days to respond. In most cases, this means they will hire an attorney. A contested divorce is considerably more expensive than an uncontested divorce, and it typically takes much longer to finalize.
How long will my divorce likely take?
If your divorce is uncontested, there is a 60 day cooling off period for divorces without children. Divorces involving children require a 90 day cooling off period. We generally advise our clients to add a couple of weeks to these time frames due to court scheduling. If your divorce is contested, it could take a year or longer before it is finalized.
What are the first steps I should take right now?
The first thing you need to do is schedule a free consultation at our office. You will not be charged anything unless you decide to hire us. At this consultation, you will complete our divorce intake form, and we will go over all aspects of your case.
Do I have to move out of the house?
That depends on a number of factors. Generally, the answer is no, but an order of protection could complicate the situation. On the other hand, if you are concerned for your safety, seeking exclusive use of the marital residence may be appropriate. At the consultation, Attorney Sam Jaber will go over all of this with you.
How will custody of my children be decided?
If your divorce is uncontested, you and your spouse will agree on a parenting plan that is fair and workable. Courts in Memphis, Shelby County, generally will not approve unusual or impractical parenting arrangements. A child support worksheet will also be prepared based on the parenting plan you both agree to. In Tennessee, regardless of the arrangement, one parent will typically be designated as owing child support under the guidelines.
If your divorce is contested, the court must consider a number of statutory factors before deciding parenting time. The outcome will depend on the specific facts of your case, which the attorney will go over with you during your consultation. If one parent later stops following the plan, enforcement is a separate filing back in the court that entered it.
What are my chances of getting primary custody?
The term primary residential parent is a term of art and does not diminish the rights of the other parent. Both parents are generally considered equals under Tennessee law. The amount of parenting time will determine which parent is designated as the primary custodial parent. If the parenting plan provides for 50/50 custody, or if the court orders 50/50 custody, one parent will still be designated as the primary residential parent. Generally, but not always, the mother is designated as the primary residential parent. This is highly case specific and can be contested depending on the facts of the case.
How is child support calculated?
Child support is calculated using a state-approved formula that takes into account each parent's income and the number of days each parent has with the child. In most cases, there is very little flexibility in this calculation, as courts generally follow the Tennessee Child Support Guidelines. The number can be modified later, but not because it starts to feel unfair. It generally takes a fifteen percent variance from what the worksheet produces now, and it takes a filing.
Will I have to pay alimony, or can I receive it?
Alimony depends on a number of factors, but to put it simply: first, the length of the marriage, including whether you have been married for more than three years; second, whether alimony is warranted under Tennessee law, which has specific statutory factors the court must consider; and third, whether the paying spouse can actually afford to pay it. Many people get bogged down in the details of whether alimony is justified, only to ultimately find that it is not awarded because the other spouse simply cannot afford to pay. That said, alimony is highly contestable and is often at the center of many divorce cases.
How will our property and debts be divided?
This depends on the judge your case is in front of. Generally, in Memphis, Shelby County, judges tend to take a practical approach of looking at the marital estate as a whole and dividing it in a fair and equitable way, often close to a 50/50 split. However, this will depend on what is classified as marital property versus separate property, which can make a significant difference in the outcome. For an uncontested divorce, the spouses will need to reach an agreement on how everything is divided, and that agreement will be detailed in the marital dissolution agreement.
What happens to the house? Can I keep it?
The house is generally considered marital property. Even in cases involving inheritance, unless the marriage was very short, it is often possible for a spouse to make a strong argument that the home should be treated as marital property. Whether one spouse is awarded the home depends on many factors, including whether the spouse who wants it can afford it, qualify to refinance it, and maintain it on their own.
In many cases, absent a specific agreement or strong legal grounds, the court will take the position that the home should be sold and the equity divided equally or in a fair and equitable manner.
Warning: this is a general overview only and outcomes are highly dependent on the specific facts of each individual case.
What if my spouse is hiding money or assets?
This is often the case when couples have substantial financial means. In some situations, it may be necessary to hire an outside private investigation firm to assist in uncovering assets. For spouses with more limited means, we do our best to investigate these claims within the scope of the case, but we are obviously limited by resources, experience, and the ethical rules of our profession.
If your spouse is hiding assets, you are still entitled to your fair share of any property that is determined to be marital property.
Can my spouse take money out of joint accounts?
Warning: Yes. Anything in a joint account is considered both yours and your spouse's. That means if one spouse decides to withdraw or drain a joint account before a divorce is filed, there is often very little that can be done to reverse it in the short term.
Once a divorce is filed, however, an automatic injunction is typically put in place that significantly restricts both parties from transferring, hiding, or dissipating assets during the case. We generally advise clients to keep funds in accounts that are separate and in their own name if they do not want their spouse to have unrestricted access prior to filing.
What should I do to protect myself financially right now?
The best thing you can do is keep your money in your own account. A common scenario is one spouse having income direct deposited into a joint account. Again, if your spouse shares a joint account with you and decides to withdraw or drain the funds before a divorce is filed, there is often not much that can be done to immediately reverse those actions.
Do I need to gather documents? If so, which ones?
Generally, no. However, if there is an existing child visitation or support order from juvenile court, which is common when spouses separate but have not yet obtained a divorce, then we will need a copy of that order.
What if my spouse won't agree to anything?
Then you have a contested divorce. A contested divorce costs substantially more and takes significantly longer to finalize.
Can we settle this without going to court?
If both parties sign a marital dissolution agreement, then only the filing spouse is required to appear in court. The non-filing spouse does not have to attend the court hearing.
What does mediation involve, and is it worth it?
Mediation will be ordered in every contested divorce case. Generally, it is worth it. We use experienced mediators who have the skill to help facilitate a settlement. One of the biggest reasons cases settle in contested divorces is the ongoing cost of litigation. A trial is very expensive. A good mediator is neutral and can help both parties understand the practical realities of continuing the fight versus reaching a resolution.
How much is this going to cost me?
When seeking an uncontested divorce, typical costs include attorney's fees, court filing fees, and service of process fees. We charge a flat fee for all uncontested divorce cases, and payment plans are available. To begin the filing process, we usually require $500 down. See our pricing section above for full fee details.
What if my spouse lives out of state?
If your spouse lives in another state outside of Tennessee, the attorney may quote a higher fee. You can still file for divorce in Memphis as long as you have been a Tennessee resident for at least 6 months. Not being able to locate your spouse is a different situation entirely. Service by publication has its own filings and three court appearances, and it runs six to nine months.
What is included in a marital dissolution agreement?
A marital dissolution agreement or MDA is a document that addresses the dissolution of the marriage. Typical MDAs address property, including property transfers, debt, child custody, child support, alimony, etc. All uncontested divorces are essentially settled divorces where both sides are willing to sign an MDA agreeing to all the details of the divorce.