if the divorce is uncontested, most lawyers will charge a flat rate of $1,500 (excluding court fees) which includes consultation, an analysis of your situation, calculation of spousal and child support, an analysis of the division of marital assets and debts, child custody and support agreement, detailed divorce settlement agreement, preparation …
Things that increase the cost and level of effort for a divorce
On average, hiring a divorce lawyer costs approximately $250 an hour. But, some clients may pay as low as $175 to $200 an hour and others could pay closer to $300 to $325 an hour. It’s important to understand, however, that your costs could be substantially higher — especially if you and your spouse:
Thus, in many divorce cases, the court will order one spouse to pay the other spouse's legal fees. If you intend to end your marriage, it is in your best interest to consult a skillful Tennessee divorce attorney to discuss whether your spouse may be responsible for your legal fees.
Each Tennessee county court charges a different filing fee, which generally falls into the $200-$400 range. In Knox County Chancery Court, the minimum filing fee for an Agreed (Uncontested) Divorce is $216.50.
In limited circumstances, it is possible to get an “agreed divorce” in Tennessee without hiring an attorney. The Tennessee Supreme Court has approved divorce forms that, if properly completed, must be accepted by all Tennessee courts that hear divorce cases.
Do You Have to Be Separated Before Filing for Divorce in Tennessee? There is no requirement that you have to be separated from your spouse before you file for divorce in Tennessee unless you use the "two years separation with no minor children" grounds for divorce.
Filing for "Agreed Divorce" The fastest and cheapest divorce is called an "agreed divorce" in Tennessee. This only applies to people without minor children who do not own property or businesses and do not have retirement benefits.
The State of Tennessee is not a 50 50 (fifty-fifty) state for division of marital property in divorce. Tennessee is an equitable distribution state for property division in divorce but courts are required to consider a list of factors in determining which spouse receives what assets.
As in other states, Tennessee judges treat a petitioner and a defendant equally fairly. Therefore, officially, it makes no difference which spouse initiates a divorce. Yet, filing for divorce first in TN can bring several benefits that we will discuss below.
There is no preset minimum or maximum payment period or length of term. After divorce, how long alimony payments will continue depends upon a number of circumstances, including the length of the marriage and the income disparity between the spouses.
In Tennessee, uncontested divorce (known as a simplified or agreed divorce) is the most efficient and cost-effective option, often taking 60-90 days. You and your spouse must agree on all aspects of the divorce and not require the assistance of a judge in a court of law.
Tennessee is an equitable distribution state, which means all shared assets, those that belonged to both spouses during the marriage, are subject to division. Properties owned by one spouse or the other, such as student loans, family inheritance, or personal gifts, will likely remain that person's property.
If marital property, both spouses' retirement must be equitably divided in divorce. Along with the marital home, retirement plans and pensions typically represent the spouses' greatest assets. In many divorces, retirement plans represent more than 75% of the spouses' net assets.
Dating While Separated Is Marital Misconduct in Tennessee Divorce Law. In Tennessee divorce law, having sex with someone who is not your spouse prior to divorce, but after separation, is still adultery.
Filing fees for a civil case in Tennessee (called a complaint for divorce) are $184 to $301. The costs change based on whether you have children and if the sheriff serves the papers to your ex.
The fastest and cheapest divorce is called an "agreed divorce" in Tennessee. This only applies to people without minor children who do not own property or businesses and do not have retirement benefits.
Spouses have the option to get an "uncontested divorce." This means there are general irreconcilable differences between the spouses but there is "no fault" on any specific spouse.
The average attorney in Tennessee is around $200-$300 per hour. This is a standard cost for an experienced divorce attorney. You may see different (and less expensive) hourly rates on periodic bills as law firms use paralegals and other legal staff to handle divorce papers.
You do not legally need an attorney to file for divorce. You have the right to file a civil complaint against anyone at any time.
If you have children, there is a 90-day waiting period before the divorce is finalized. If you do not have minor children, the waiting period is reduced to 60 days.
If the forms (see sample forms for divorce with no children) and process are overwhelming, or you suspect your ex will not make the divorce amicable, then an attorney is the right choice to stand by your side.
If you dispute the fee or aren’t satisfied with your lawyer’s response, put your reasons in writing and mail them to the lawyer. The lawyer is required by the ethical code of the profession to respond to your concerns and answer all questions directly. If your lawyer is evasive, hire another lawyer.
In addition to courts costs, expenses can include court reporter fees, and costs for copies, subpoena service, expert’s fees, deposition transcription, telephone toll calls, and other out-of-pocket costs.
A higher hourly rate doesn’t guarantee better service. Some lawyers will charge different hourly rates depending upon the complexity of the case. A few attorneys may also charge a flat rate for the entire divorce or for a particular stage of litigation.
Absolutely. Lawyers are compensated for their time and advice. There is an old saying that when a client pays a retainer, the client knows he or she has a lawyer, and the lawyer knows he or she has a client. However, always make sure your retainer agreement with the lawyer is in writing.
If a trial is necessary, the court can order one spouse to pay the other’s attorney’s fees in alimony, child support, and child custody matters. However, the amount awarded by the court will rarely cover the full amount of the attorney’s fees.
Modified date: December 22, 2019. As with every state, the two biggest expenses related to the cost of getting a divorce in Tennessee come either when spouses cannot negotiate a marital dissolution agreement before going to court or if there are children involved.
If no marital dissolution agreement can be prepared, a judge will have final discretion in making financial awards. The final factor in determining how much does a divorce cost in Tennessee will rest in the hands of a judge if the couple cannot come to terms beforehand.
If your spouse does not consent to the divorce, they will file a formal response contesting the divorce. When trying to estimate how much does a divorce cost in Tennessee, you need to separate joint expenses from your partner’s.
Though you cannot file a joint petition, couples who agree on the necessity of obtaining a divorce can prepare for the process by preparing a written agreement ahead of time stating how they will deal with: Preparing the marital dissolution agreement in advance will not require a lawyer.
If a marital dissolution agreement cannot be completed by the couple independently, it may be possible to avoid additional expenses by negotiating in informal court-supervised pre-trial meetings. For some couples, it may be worthwhile to split the cost of a divorce mediation lawyer, who can help create a mutually satisfactory agreement.
The average cost of divorce in Tennessee is around $10,000 in attorney’s fees and about $3,000 in additional expenses. This is slightly higher than the national average. You can expect to pay around $17,000 if you have alimony or property division issues.
Thus, in many divorce cases, the court will order one spouse to pay the other spouse’s legal fees. If you intend to end your marriage, it is in your best interest to consult a skillful Tennessee divorce attorney to discuss whether your spouse may be responsible for your legal fees.
There is no requirement that you have to be separated from your spouse before you file for divorce in Tennessee unless you use the “two years separation with no minor children ” grounds for divorce.
Fortunately, as long as you and your spouse agree on the need to divorce and meet the requirements for an “agreed divorce” or an “uncontested divorce”, Tennessee makes the divorce process straightforward. You may even qualify to do the divorce yourself without a lawyer.
Tennessee offers free, court approved divorce forms. The Tennessee Supreme Court has declared these forms as “universally acceptable as legally sufficient.” However, it is only legally sufficient if you fill the forms in properly and tell the truth in response to all questions on the forms.
Mediation. For some parties, mediation may be an option to consider for settling your divorce.
The average (mean) cost of a divorce is $12,900. The median cost of a divorce is $7,500. An uncontested divorce or one with no major contested issues costs, on average, $4,100. Disputes over child support, child custody, and alimony raise the average cost of a divorce significantly.
Average total costs for Tennessee divorce lawyers are $9,700 to $11,700 but are typically significantly lower in cases with no contested issues. You’ve probably heard at least a few horror stories about how much it can cost to get divorced. But if you’re facing the end of your own marriage, you’ll want some more specifics.
Those grounds include adultery, desertion, conviction of a felony (with a prison sentence), and “cruel and inhuman treatment” or “inappropriate marital conduct.”.
Attorneys generally charge higher-than-average hourly rates when they work in large cities with a high cost of living.
As in many professions, it’s common for lawyers to raise their hourly rates as they gain more experience and specialized knowledge in family law practice. But that doesn’t necessarily translate into a higher total bill.
For a divorce based on separation, you and your spouse must have lived separately and apart for two years, and you may not have any minor children.
And if that doesn’t work, it will take more of your attorney’s time to prepare for and represent you in a divorce trial.
Divorcing couples often disagree about one or more issues in their divorce, especially: child custody and support. alimony, and. the division of marital property and debts. These disputes are the main reason some divorces are more costly than others.