Memphis, Tennessee Divorce Lawyer
The complex factors at play in divorce — the money, the children, the emotions and major life changes — make it easy to lose sight of reason. Misty Becker is a skilled attorney who will guide you through this difficult process to a fair and practical agreement.
Confidential Consultation at 901.201.4424
Becker Law Offices is located in Memphis, Tennessee. We represent men and women throughout the Metro area and across Shelby County. Misty Becker has handled every type of dissolution, from low-asset uncontested divorces to multimillion-dollar marital estates with complicated issues of property division. She has favorably resolved messy custody disputes through negotiated agreements or courtroom advocacy.
Fault vs. No-Fault Divorce: What You Need to Know
Tennessee recognizes two types of divorce:
A fault-based divorce, or contested divorce, requires one party to prove grounds for dissolving the marriage. But grounds generally have little impact on the outcome — all divorces in Tennessee must have an "equitable distribution" of assets. (There are a number factors that can skew property division. For example, if one party spent marital assets on a paramour.) The vast majority are founded on "irreconcilable differences" or "inappropriate marital conduct."
A contested divorce does not necessarily mean going to trial. Ms. Becker works to resolve as many issues out of court as possible, and litigate only when necessary to protect your interests. Fault-based divorces may take as little as six months or as long as 18 months, depending on the court and the contested issues.
In a no-fault divorce, or uncontested divorce, neither party has to show grounds. Uncontested divorces are often misunderstood. (1) You and your spouse must agree on every single aspect of the marital dissolution agreement (MDA), including custody and parenting arrangements, so there is nothing left for the judge to decide. (2) You also need your own lawyer for a no-fault divorce to ensure that your interests are protected — once it's stamped by the court, there's no revisiting the MDA without a "substantial change in circumstances."
A no-fault divorce requires a "cooling off" period. You can be divorced 60 days after filing (or 90 days if children are involved).
Dividing Marital Assets
A court will split your property equitably, so it's better to negotiate a split that makes sense for you. Misty Becker looks at your portfolio of assets to help find a creative and workable agreement:
- Equity in the marital home and automobiles
- Retirement funds (pension, IRA, 401(k), stocks, bank accounts)
- Gun collections and other valuables
- Closely held businesses
- Credit card balances and other debts
We also consider child care, special needs and private school, earnings and whether assets are joint property versus separately owned, to determine child support, alimony (if any) and a fair distribution of assets.
Ms. Becker is efficient and effective in negotiations, and a strong advocate in the courtroom with considerable experience in high-asset divorces. She works to maintain the fragile peace to keep your divorce on track and avoid unnecessary litigation, while always protecting your best interests.
Contact our Memphis, Tennessee divorce lawyer today to arrange a confidential consultation about divorce.
