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Law Office of Mark S. Wood 2725 W. John Sevier Hwy. Knoxville, TN 37920 PH. (865) 609-8200 |
Any information contained here should not be considered legal advice. Information provided is general in nature, and all fact patterns are potentially different. You should not rely on the information contained in this website without seeking professional legal advice related to your particular circumstances. The fact that you have visited this website does not create an attorney-client relationship between you and my firm. Please contact our office if you are interested in establishing such a relationship. |
Law Office of Mark S. Wood 2725 W. John Sevier Hwy. Knoxville, TN 37920 PH. (865) 609-8200 |
Scroll down to see our services, but if you are curious to know why we do what we do and how we keep our prices low, a little background information might help you understand. Ironically, I did not go to law school to become an attorney. I did not like the reality that attorneys charge very high fees and that a wealthier client could take advantage of that wealth to sometimes affect the outcome of a lawsuit. I also did not like the amount of time the practice of law requires because I wanted to spend more time with my family. So, I went to law school to do environmental law, hoping to work for a company that needed someone trained in environmental law. Then, after I graduated law school, that was exactly what I did. My first job out of law school was for the University of Tennessee doing environmental clean up work for the Air Force. I then was hired by an environmental company in Oak Ridge (just outside Knoxville) who did work for the Department of Energy. After about 5 years of this, the big D hit me. My wife Julia had filed for divorce. Our divorce was horrible. Although I researched much about divorce law to understand more fully what I was involved in, it was still quite a painful learning experience for me even though I had already graduated from the University of Tennessee College of Law. Depositions, interrogatories, subpoenas, private investigators, unexpected attorney bills, multiple hearings, psychologists and other expert witnesses were all involved, and made for a very stressful time in my life. And my wife's. And my child's. Communicating with my attorney was difficult, if my attorney was even available. Same with Julia's. And the costs - the costs were incredible and unpredictable. Julia and I think that we spent about $20,000.00 during that year between the two us for the divorce. But, thank goodness, it was only $20,000, and it was only 20 grand because we decided to reconcile. I definitely disagreed with the adverserial approach in divorce matters, as it tends to hurt the family involved. After going through all that, I thought there had to be a better way. I therefore decided to sit for the bar, received my license, and started my own practice designed to reduce the costs of a divorce (and the stress) plus I created a way to communicate clearly what my clients could expect in terms of costs and the process. I therefore came up with a largely automated way of developing the necessary documents (I am a self taught computer geek, and made all my own websites, for example). I then started offering discounted divorces in 1998 - with Julia by my side. The rest, as they say, is history. We have been told by our local court house we easily file more divorces annually than any other firm in Knox County, TN. We have been able to achieve this because we care so much about providing good quality services, keeping your costs low and (almost always) predictable, and remaining accessible to my clients. We explain all of this to our clients - in writing - so you know what you are paying for. |
Anatomy of a Divorce I broadly divide divorces into three categories (1) agreed (2) contested and (3) negotiated. Anatomy of an Agreed Divorce My firm treats an agreed divorce as one where all aspects of the divorce have been agreed to by the both parties - before the necessary documents (called pleadings) are drawn up. In other words, the husband and wife have reached an agreement about each and every aspect of the divorce before hiring me to do the actual divorce. No service of process is needed (that is, neither party gets served a summons by the sheriff or other individual). The papers are therefore drawn up - based upon the parties' agreement - and simply given to the other spouse for his/her review and signatures. After your spouse signs the paperwork, it is filed with the court and sets at the court house until the legally mandatory waiting period is over. The waiting period is 60 days for people with no minor children and 90 days for those who have children. After the waiting period is over, a Judge (if the paperwork is filed in Circuit Court) or Chancellor (if the paperwork is filed in Chancery Court) then reviews the documents, and if satisfied that all legal requirements have been addressed sufficiently, the Court signs the Final Decree and makes the divorce final. More details When a husband and wife are able to reach an agreement about each aspect of their divorce, each aspect of their agreement needs to be placed into the necessary documents before filing. This almost always saves each party a lot of money, time, and heart ache. One party contacts my firm to prepare the paperwork and we are almost always able to give you the paperwork during the meeting. Your spouse cannot meet with me and no other attorneys are normally involved. What are the necessary divorce documents that have to be prepared for an agreed divorce? Agreed divorce papers includes a complaint for divorce, a marital dissolution agreement and the final decree. If the parties have children, then a visitation schedule (called a permanent parenting plan) and child support worksheet are also required. Each of these documents tend to be very technical and must comply with the requirements of the law. Child support is set by law to reduce arguments about the amount that is owed. The short story is that as long as you and your spouse have reached a sufficiently detailed agreement about each aspect of the divorce, you have an agreed divorce. That means the property settlement (addressing real estate, debts and all movable property, such as the stuff in the house, cars and sometimes mobile homes) has been agreed to and who gets what has been agreed to. Alimony and retirement (if relevant) have also been agreed to. If you have children, then it also means the visitation arrangement has been agreed to, but, as I mentioned above, child support is set by law, so that will take care of itself. The Tennessee Department of Human Services has information needed to determine child support. For more information, please click here. During our consultation, I will then provide you my opinion of your agreement, considering the law and practical considerations. This will therefore let you know whether I believe a court might rule differently if you were to fight it out and lets you know what your rights and obligations are. Thus, you leave the meeting well informed, knowing what you are doing. I always try to keep your best interest in mind, but I also try not to interfere with your agreement. |
Did you know? No attorney should represent both parties during a divorce because there is too great of a chance that a conflict of interest may occur, even in an agreed divorce. If a conflict occurred, the conflict would require the attorney to withdraw from the case (after you spent money), and leave each party without an attorney. That would mean each of you may have to hire another attorney for each of you (two attorneys would therefore be involved). This also means more money. Usually a lot more money. Usually thousands of dollars. |
Warning: There is hardly anything easy about the law, so we strongly discourage people from filing their own divorce, unless their divorce is an extremely simple divorce. But be aware, even if you can find divorce forms on the internet, most are done incorrectly, with bad or no instructions. Many sellers of those forms, in fact, are committing a crime (called the unauthorized practice of law). Click here if you think you have done business with a company illegally selling forms and want to report them. Even if the court clerk accepts those forms, the Judge may reject them (after you pay the nonrefundable filing fee). I've known several judges that would reject the divorce simply because an attorney was not involved (attorneys make the judge's work easier). We receive many, many clients every year who have attempted to file their own divorce but come to us to correct the papers. This is usually more expensive than if we had simply done the divorce for them from the beginning, the right way. |
Information I will ask you to bring to the meeting includes names, residential addresses, employer's names and address, income information, types of debts owed (including account numbers), social security numbers, the details about your agreement regarding any real estate and personal property, places of birth, dates of birth, and, if you have children, the visitation agreement, day care costs and insurance costs for the children. |
Contested divorces I treat a contested divorce as any divorce where one spouse will not or cannot sign the papers. This can be for any number of reasons, including not knowing how to get a hold of the other spouse so he or she can sign the papers. The process is very different from an agreed divorce, and the attorney's fees and other costs reflect the difference (most attorneys I know charge between $150-$400 per hour). For example, we must attempt to serve the papers to the Defendant in a contested divorce, which also raises the court costs involved. Also, mediation is required by Tennessee law under most circumstances. Mediation involves hiring another professional (usually another attorney) to assist the parties in reaching an agreed divorce and keep the case from going to trial. This part of the lawsuit can be quite expensive (for example, typically a client pays for his or her attorney to attend mediation, plus the costs of the mediator), but it prevents many - if not most - contested divorces to making it all the way to trial. Thus, it routinely results in converting the contested divorce into an agreed divorce, but only after much time and money has been spent. We would much rather see people reach an agreed divorce in the first place, to avoid these costs and the pain that contested divorces often entail. The retainer for a contested divorce is normally between $1500.00 and $2500.00, depending on the potential complexity of the case, plus court costs (which vary). And this is just to start. Hopefully, you do not need to be involved in a contested divorce and can find alternatives way to resolve your differences. We do not offer representation in contested cases statewide. |
Negotiated Divorces I treat a negotiated divorce as a divorce where another attorney is involved, but nothing has been filed with the courthouse. The attorneys and clients then attempt to reach an agreed divorce, before filing, and, if successful, the divorce papers are drawn up and then filed as an agreed divorce. This type of divorce can be fairly expensive, time consuming and stressful, but almost always less than a contested divorce. Another version of a negotiated divorce that appears to be gaining attention is known as a collaborative divorce. This type of divorce is rising in popularity across the nation, and I strongly support its objectives of avoiding the horrors of a divorce lawsuit (like I experienced). It is designed from the forefront to avoid a court battle. As a result, the parties - and their attorneys - all agree that they will cooperate in the process so the adversarial aspects of a contested divorce are avoided as much as possible. Further, the parties agree NOT to file for divorce until attempting to reach a cooperative agreement. The collaborative divorce process is designed to keep the process very humane, private and, usually, less costly than a contested divorce. It is designed to keep the emotional aspects out of the process as much as possible so the parties do not spend time blaming each other. Ultimately, it is designed so the parties can leave the marriage without animosity, which clearly benefits everyone involved, most importantly any children of the marriage. |
Agreed Divorces from $295 (plus court costs)! (865) 609-8200 |