Divorce Lawyer Memphis, TN

Divorce Lawyer Memphis, TN

Whether you hope to keep your divorce process amicable or you’re sure that it is destined to be contentious, it’s important to connect with a divorce lawyer Memphis, TN residents trust and to do so as soon as you can. Too often, individuals filing for divorce lack a strategy for their divorce process. As a result, they make missteps that are both common and avoidable. If you have a sound strategy and a knowledgeable attorney guiding you through the divorce process, you’ll be less likely to misstep in ways that could cost you time, money, energy, property, and/or other things that are of value to you.

You don’t need to know for sure which “type” of divorce you’re interested in pursuing before you connect with the experienced Tennessee legal team at Wiseman Bray, PLLC. It is our job to listen to your needs, priorities, and goals and to help translate these aims into a sound legal strategy for your divorce process. Our firm has extensive experience assisting clients through divorces that are straightforward, somewhat complex, and truly complex. No matter what kind of divorce situation you find yourself in, our Memphis, Tennessee divorce lawyer team can help.

Choosing the Type of Divorce That Makes Sense for You

If you and your spouse agree on every single term of your divorce settlement (including property division and – if applicable – child custody and child support), our firm can help you to formalize and finalize your settlement so that you can move forward with your lives as quickly as possible. However, if you, like most couples, disagree with each other on some matters and/or are unsure of how to draft an equitable divorce settlement, our firm can help guide you through this process. If you hope to keep your divorce process amicable, we can either work with you as your divorce negotiations are mediated by a neutral third party, or we can negotiate with your spouse’s attorney directly.

If you have fundamental differences that are unlikely to be solved in a negotiated process or your relationship has been marked by abuse, we’ll handle your “contentious” divorce process by building a strong case on your behalf. We’ll walk you through what a contentious divorce process looks like in the event that this situation applies to you.

Crafting a Parenting Plan that Works for Your Family

If you share parenting responsibilities for minor or otherwise dependent children with your spouse, it’s likely that you’ll need to begin thinking about constructing a workable parenting plan as soon as possible. If there is abuse in the marriage or you otherwise believe it is in your child’s best interest that you have sole legal and physical custody of them moving forward, this process may not apply to you. But even if your spouse is going to have visitation/parenting time and/or communication rights post-divorce, you’ll want to construct a workable parenting plan for a few reasons. First, it will help everyone in your family to have clear expectations for how your parenting responsibilities are going to be divided. Clear expectations tend to lower stress and repeated points of contention. 

Second, a parenting plan serves as an enforceable way to work out issues related to parenting that may become contentious in the future. For example, if it is important to you that your child attends religious services regularly, this may be a parenting expectation you can think about including in your parenting plan. That way, if your child’s other parent becomes resistant to this idea in the future, you can remind them that this is an expectation that was already agreed upon and isn’t up for discussion unless you both agree to modify the provision mutually or your spouse wants to bring a modification action in court.

If you aren’t sure how to construct a parenting plan that works for your family, know that our firm’s Memphis, TN divorce lawyer team can help you at every step along the way. We typically begin by advising our clients that every family legal dispute involving a child is ultimately judged according to the “best interests of the child” standard. This means that should your parenting plan construction process become contentious and require judicial intervention, the judge will resolve your dispute based on whatever arrangement they believe is in your child’s best interests. As a result, it can be helpful to frame the construction of your parenting plan “from go” in ways that support your child’s best interests. It can be tempting to construct parenting plan provisions in accordance with your own needs, given that you are your child’s caregiver. But ultimately, if a dispute comes down to your needs or your child’s best interests, the judge is going to “side” with your child’s best interests. If you ask yourself, “What approach will be in my child’s best interests?” at every step in the parenting plan construction process, you’ll be headed in the right direction.

Thinking About Virtual Parenting Time Provisions

As our Memphis, Tennessee divorce lawyer team at Wiseman Bray, PLLC helps you construct a parenting plan, we’ll advise you to think creatively when doing so makes sense. For example, you may want to make virtual parenting time a part of your plan so that your child can remain more easily and solidly connected to whichever parent they are not with physically at any given time. This can be an especially helpful approach if either you or your parent’s other child is not planning to remain in Tennessee after your divorce.

The Cost of a Divorce

A divorce lawyer in Memphis, Tennessee can help your divorce go as smoothly as possible. While divorces are often bitter and painful, it’s possible to reach an amicable agreement that satisfies all parties. This doesn’t mean that a divorce will be completely open and shut, however. A divorce can severely disrupt the lives of you, your partner, and your children – no matter how easily the proceedings go. It’s important to work together to maintain a supportive environment for your children, but during a divorce, emotions can run high and there are always complications, especially when it comes to money and assets.

Divorces always include a degree of risk and sacrifice, and if you have children this sacrifice is amplified. Child support is totally understandable: we always want to do what’s best for our children. However, a divorce can quickly become bitter once you realize you might have to pay spousal support to the very person you were trying to get away from. It’s important to understand these two regular payments, and before you decide to follow through with a divorce, it helps to consult a qualified divorce lawyer in Memphis, TN, about how much of your assets and your income you would risk by dissolving your marriage.

Child Support and Spousal Support

After a divorce, you may find yourself paying to support your ex-spouse and your children. These payments are largely dependent on how much you make per month, and once a figure is decided upon, it can be very difficult to make changes to this arrangement – even in an emergency. Spousal support (formerly widely known as alimony) is a regular payment that you may have to make to ensure your spouse is able to maintain the same quality of life he or she enjoyed while you were married. This is not indefinite, and there are typically limits to how long you will have to pay spousal support, but it can be a major drain on your finances and cause further resentment between you and your ex-spouse.

Additionally, you may find yourself making regular child support payments. Unlike spousal support payments, child support is explicitly intended to provide for the wellbeing of your children. This means that the money from child support payments is to be used for education, food, clothing, and shelter for any child or children from your marriage. These payments are required until the children turn eighteen. Child support payments are intended to ensure your children still have stable support, but they can also prove a drain on your income and a point of contention if you aren’t even allowed to visit with them often.

Why Do You Need a Divorce Lawyer?

Hiring a divorce lawyer is important whether or not you are on good terms with your soon-to-be ex-spouse. An attorney will always have your best interest in mind and know how to navigate every step of the way, no matter how messy the situation may be. Your lawyer will focus on everything that has to do with your new family dynamics — such as child support, child custody, and spousal support or alimony, to figuring out how to divide your assets and even how to change any estate planning that you did with your ex. An experienced family lawyer who specializes in divorce will know what to focus on and how to get you the best possible situation after an already difficult life change.

You need to have your own lawyer, even if you are still civil with your partner, in case anything comes up that might turn into a disagreement. A lawyer will be able to speak to your ex’s attorney on your behalf so that you do not need to worry about starting any fights or disagreements during this hard time. It is your attorney’s job to ensure you are being treated fairly, and he or she will advocate on your behalf to get what you deserve after the separation.

A divorce lawyer will help you meet each deadline before the due date, look at the big picture of what your life was like with your spouse to see what you should be entitled to, and advise you on every decision you need to make during the divorce process — both big and small. Divorce lawyers at Wiseman Bray have experience navigating through all kinds of separations and will know what a judge will think about your arguments before even going to court. We can also figure out how to move forward if almost everything is amicable and you and your ex-spouse can have a smooth transition from being married to divorced.

A Smooth Break

Every divorce is unique just like every marriage has its own qualities. Some people want nothing to do with each other after separating, while others have children and want to remain on good terms because that seems to be what is best for the entire family. An experienced divorce lawyer will be able to take the emotions out of the situation and think rationally about the most reasonable scenario. He or she will weigh every option, list the pros and cons, and come up with a rational solution to each anticipated problem or roadblock that could come along. A lawyer can also even be useful after a divorce is finalized. If your ex-spouse breaches any of the terms of the divorce, it will be important to once again, have an advocate on your side. It is best to work with a law office that is already familiar with the details of your case, as you will not have to rehash every detail all over again.

Contact a Divorce Lawyer Today

A divorce is always a serious matter, and any financial obligations that can result from a divorce can make the difference between an amicable separation and a bitter, painful battle. If you’re headed for a divorce, it pays to get in touch with a qualified divorce lawyer that can walk you through the process and keep you informed about what you may owe, and what your next steps should be. Speak with an accomplished divorce lawyer in Memphis, TN as soon as you can: Reach out to Wiseman Bray, PLLC.

Legal Assistance Is Available

Even if you’re unsure of whether you’ll ultimately choose to file for divorce, it’s important to explore your options as early as you can. Doing so will allow you to make informed decisions about your finances, child custody plans, and other critical divorce-related matters. If you haven’t already done so, please schedule a risk-free consultation with our firm today. No two divorces are exactly alike. You deserve to have a personalized approach to yours that “fits” your unique needs, goals, and preferences. Our Memphis, Tennessee divorce lawyer team looks forward to speaking with you.

Should you go through divorce mediation?

If you and your spouse are preparing for a divorce and have not considered the mediation process, your attorney may recommend you try it out. A divorce mediator will not make any decisions for you and your spouse but they will listen to both sides and make fair suggestions. You may be thinking that you and your spouse are going through an amicable divorce and you do not need to work with a mediator. Almost every divorce will benefit from having a mediator and in the event that something comes up that you both disagree on, the mediator can help you come to a solution that works best for both of you. 

What are the benefits of working with a mediator?

Before hiring a mediator, you may want to know what kinds of benefits they can bring to the table. 

  • You and your spouse have the option of being completely in control of your divorce instead of letting a judge make decisions for you.
  • Unlike going to court and having a judge make decisions for you, mediation is private. That means there will not be a public record of what you discussed in these sessions. 
  • You and your spouse will have a much higher likelihood of settling.
  • You will likely pay significantly less if you and your spouse come to an agreement through mediation instead of going to court for your divorce. 
  • Mediation can be very helpful in the long run. You may wish to get divorced and have nothing to do with your spouse anymore. However, if you have children and will share custody or visitation, mediation can help you avoid future conflict. 

I’m getting a divorce because my spouse abused me. Is mediation still right for me?

Although mediation is a great tool for many couples who are going through a divorce, in cases where domestic violence was present, mediation may not be the right choice. If this is the case, speak with your attorney to decide if mediation is a good idea to help you move past your abuser or if it will make the divorce process more difficult. 

Can my attorney join the mediation sessions? 

This will be up to everyone involved. If you and your spouse agree to try mediation without attorneys, see how that works out at first. If you think mediation is going unfairly, you may want to rethink your attorney being involved in these sessions. 

Understanding Child Custody Laws in Tennessee

When you are weighing all of your options during the divorce process, you are also likely considering what will happen to your children. Who will they live with? Where will they be happiest? In some instances, a divorcing couple may naturally fall into their roles of who will have custody and who will have visitation. However, it is not always so simple. Especially in situations where you need to determine custody for your children, it is best to have the help of a divorce lawyer you can rely on throughout the process. 

What should I do if I want full custody of my children? 

While the roles of full custody and sole custody have changed throughout the years in Tennessee, you will still find that the idea is the same: typically, one parent goes in hoping to have physical custody of the children and would like to be the one making medical decisions, school decisions, etc. for the children while the other parent gets visitation time (or “parenting” time). If you would like to be the primary parent your children live with, this is a huge role to step into, even if you feel like you have primarily had this role over your children for years. By stepping into this role, you are legally the parent responsible for things like:

  • Your children’s healthcare
  • Deciding where they go to school
  • Raising them in a certain religion
  • Deciding what types of extracurricular activities they will attend
  • Choosing where they live

What if the children’s other parent and I do not agree on any of the above? 

It is not uncommon for parents to continue disagreeing even after the divorce. When this is the case, you may want to consider mediation. You may be thinking that mediation is just something that you can do during the divorce. However, mediation can be continued after the divorce and can be very helpful if you and the other parent are hoping to make co-decisions and are hoping to remain peaceful so that your children have a stable environment. 

Your lawyer can help you draft a parenting plan during your divorce that outlines the ways that you hope to take care of your children. If your parents are old enough, a judge will also want to take into consideration where they want to live and will take the time to see how you have raised your children up until now and what your relationship with them is like. Your lawyer can help you to present evidence showing why you would be the best option when it comes to primarily raising your children. 

5 Reasons to Employ a Divorce Lawyer in Memphis, Tennessee

If you and your partner plan to divorce, you may ask yourself: Do I need a divorce lawyer? The answer to this depends upon your particular scenario and the laws of the state in which you live. If you and your partner can exercise the information of the divorce amicably and without complications, you might not need to work with a lawyer. In many cases, though, the nature of your relationship, the complexity of your monetary plans, or the makeup of your household will lead you to hire a lawyer to safeguard your interests. Speak with an accomplished divorce lawyer in Memphis, TN as soon as you can: Reach out to Wiseman Bray, PLLC.

Here are five reasons that you require a divorce legal representative:

I fear abuse or retaliation from my spouse.

If you hesitate that your partner will abuse you or your kids, or will strike back in any way, you should work with a lawyer. Your legal representative can act as both an advocate for your benefits and a buffer zone between you and your spouse. They can likewise direct you to get an Order of defense if required. If you suspect that your partner remains in any way likely to attempt to take advantage of you, a legal representative is your most safe bet.

I don’t desire the stress of dealing with it myself.

Divorces are demanding even in the most amicable of relationships, and rife emotions. When you’re stressed, you can make bad choices. AS the saying goes, “you don’t understand what you don’t know. Undoubtedly you may find that you have actually taken on more than you can deal with. A divorce legal representative will do the heavy lifting when it concerns identifying what you are entitled to, what your responsibilities are, ensuring that all properties and earnings are divulged, and working out a settlement most beneficial to you while getting your divorce through the system as swiftly and fairly as possible. Speak with one of our accomplished divorce lawyers in Memphis, TN at Wiseman Bray, PLLC

Our financial circumstances are complex.

If your financial resources are complex or carefully intertwined with your spouse’s, you need to hire a divorce lawyer. An attorney can assist you to untangle the financial resources and ensure you’re dealt with fairly. An attorney can, for example, make sure that your house and other properties are correctly valued so that you can get an equitable department. The legal representative can also help figure out if a few of your properties are considered different properties to which your spouse has no claim. You likewise need to guarantee that you have actually safely secured your share of retirement funds that your spouse might declare in the future. Attorneys can also deal compassionately and efficiently with child support and custody issues.

I seek a clear and binding agreement.

The information on divorce law and the language of contracts can be really complicated. A lawyer comprehends the subtleties of the law and can make certain that your divorce arrangements are appropriately worded and backed up by the ideal paperwork. An excellent divorce lawyer can make sure that the terms of the agreement are enforceable and binding for both celebrations in the eyes of the court.

I require to settle the divorce quickly.

Usually, you simply wish to get your divorce over with so you can get on with your life. Your divorce legal representative will ensure files are correctly prepared and filed in accordance with the court’s requirements. Trying to maneuver the intricate legal arena of divorce usually, triggers repeated delays due to failure to correctly finish and file the numerous documents needed to dissolve a marital relationship. A legal representative can get you through the procedure rapidly and effectively. Typically, and most importantly, children who go through a divorce often have an easier time when the divorce is settled amicably and quickly. The best divorce legal representative can help make that happen.

Call one of our accomplished divorce lawyers in Memphis, TN at Wiseman Bray, PLLC today.