How Much Does Divorce Cost in Memphis, TN (2025) | Filing Fees & Attorney Rates

Understanding divorce costs in Memphis helps you prepare financially and make informed decisions during this challenging life transition. From filing fees to attorney costs, knowing what to expect removes uncertainty from an already difficult process.

Memphis Divorce Filing Fees

As of 2020, filing fees for divorce in Shelby County are $381.50 if there are children and $306.50 if there are not, in both Circuit and Chancery Courts. An additional $42.00 fee will be assessed to have the divorce served through the sheriff's department. You may also use a private process server instead.

Tennessee filing fees generally range from $205 to $280 across the state, though Shelby County fees are higher than the state average.

Fee Waiver Options

If you cannot afford the filing fee due to financial hardship, Tennessee allows you to file a fee waiver request. The court evaluates your financial situation to determine whether you qualify for a fee waiver.

Average Attorney Costs in Memphis

The average hourly rate for family law attorneys in Tennessee is $287 per hour. Attorney rates typically range from $200 to $400 per hour, with Memphis attorneys generally charging rates similar to Nashville due to both being major metropolitan areas in Tennessee.

Retainer Fees

Most attorneys require a retainer fee upfront, which typically runs between $2,000-$5,000 in Tennessee. This down payment secures your attorney's services, and they bill against it as they work on your case.

Total Divorce Costs by Type

Uncontested Divorce: $1,000 - $3,000

An uncontested divorce where both parties agree on all terms generally costs $1,000 to $3,000 in attorney fees. This is the most affordable option when you and your spouse can reach agreements without court intervention.

What's included:

• Filing fees ($306.50-$381.50)

• Service of process ($42+)

• Basic legal document preparation

• Court processing

Mediated Divorce: $3,000 - $10,000

Mediation costs in Tennessee generally range from $150 to $300 per hour, with total mediation costs typically ranging from $2,000 to $5,000 depending on the number of sessions required. Combined with attorney fees for representation during mediation, total costs typically fall between $3,000-$10,000.

Contested Divorce: $5,000 - $30,000+

According to USA Today, the average cost of divorce in Tennessee is $12,600 for cases without children and $18,900 for divorces involving children. Contested divorces can cost significantly more, ranging from $5,000 to $30,000 or even higher, depending on complexity.

High-conflict divorces may involve:

• Extended attorney hours at $200-$400/hour

• Discovery proceedings and depositions

• Multiple court hearings before the Divorce Referee

• Expert witnesses (property appraisers, forensic accountants, therapists)

• Child custody evaluations

• Trial preparation and court appearances

What Affects Your Divorce Cost?

Complexity of Assets

Dividing straightforward assets like bank accounts and vehicles costs less than splitting business interests, real estate portfolios, retirement accounts, or investment properties. Complex asset division often requires expert appraisals and financial analysis.

Child Custody and Support

Divorces involving children cost significantly more due to parenting plan negotiations, custody arrangements, child support calculations, and required parenting classes. Shelby County has a Divorce Referee system that holds hearings to set temporary child support, alimony, and attorney fees.

Level of Conflict

The fundamental cost driver is whether your divorce is contested or uncontested. Every disagreement requires additional attorney time for negotiations, court filings, and hearings.

Attorney Experience

The average Tennessee divorce lawyer charges around $200 to $300 per hour. Research, court time, phone calls, and more are all billable. Experienced attorneys may charge higher rates but can often resolve issues more efficiently.

Tennessee's Waiting Period

Tennessee law has a 60-day or 90-day waiting period for divorce. An uncontested divorce without minor children requires a 60-day waiting period. If minor children are involved, there is a 90-day waiting period. You must wait this long for the judge to schedule your divorce hearing.

During this time, your attorney will try to negotiate issues outside of court regarding permanent parenting plans, child custody arrangements, spousal support, and property division.

Shelby County Divorce Referee System

Shelby County has a unique Divorce Referee system. The Divorce Referee reviews and monitors all divorce complaints filed in Shelby County. They attend divorce trials and hold hearings to set temporary child support, alimony, and attorney fees for the period between filing for divorce and the final hearing.

Before filing for divorce in Shelby County, the Complaint for Divorce must first be reviewed by the Shelby County Divorce Referee to ensure proper legal language and jurisdiction.

Ways to Reduce Divorce Costs in Memphis

Choose uncontested or mediated divorce - Contested divorces are time-consuming and expensive. Mediation and collaborative divorce provide more affordable dispute resolution.

Get organized before meeting your attorney - Gather financial documents, tax returns, asset lists, and debt information beforehand. The less time your attorney spends collecting information, the lower your bill.

Communicate efficiently - Use email for routine questions rather than calling for every update. Be concise and prepared for meetings.

Work out details privately when possible - Try to reach agreements on minor issues without court involvement. The cost of litigation often exceeds the value of disputed items.

Consider limited scope representation - Hire an attorney for specific tasks rather than full representation to reduce overall costs.

Apply for fee waivers - You may qualify for court fee waivers if you meet income requirements.

Divorce.com: A Cost-Effective Alternative

Traditional divorce in Memphis can easily cost $12,600-$30,000+ per spouse. Divorce.com offers a streamlined alternative that helps couples complete their divorce for significantly less.

Benefits of Divorce.com:

• Transparent, upfront pricing with no hourly billing

• Comprehensive online platform accessible 24/7

• Professional mediation support to resolve disagreements peacefully

• Case managers to guide you through the process

• We file documents with the court on your behalf

• Compliant with all Tennessee and Shelby County requirements

• Receive divorce paperwork in as little as 2 business days

Divorce.com reduces the time, cost, and trauma typically associated with divorce while ensuring all legal requirements are properly met.

Timeline for Memphis Divorces

An uncontested divorce in Shelby County typically takes about two to six months, since Tennessee requires a waiting period before the court can hear the final hearing. The waiting period is 60 days without minor children or 90 days with minor children.

Contested divorces can take significantly longer, often 12-24 months or more depending on the complexity of issues and court scheduling.

Additional Divorce Expenses to Consider

Beyond attorney fees and filing costs, budget for:

Service of process - $42+ through sheriff's department or private process server

Court costs - Additional fees for motions, hearings, and trials

Co-parenting classes - Required in Tennessee for divorcing parents

Divorce Referee hearings - Temporary support hearings in Shelby County

Expert services - Appraisers, accountants, therapists, and custody evaluators

Certified copies - Court-certified copies of your divorce decree

Moving and housing expenses - Deposits, furniture, and establishing separate residences

Tennessee Divorce Requirements

Before filing your petition, you must have resided in Tennessee for six months or have been a bona fide resident of Tennessee when the grounds occurred there.

Tennessee is a no-fault divorce state. You won't have to go through the expense and stress of proving that your spouse engaged in some kind of misconduct that caused the marriage to fail.

Property Division in Tennessee

Tennessee is an equitable distribution state, meaning marital property is divided in a manner the court considers fair, though not necessarily equal. The court considers factors including marriage length, each spouse's financial situation, and contributions to the marriage when dividing assets.

Do You Need a Divorce Attorney?

You're not legally required to hire an attorney for divorce in Tennessee. However, professional legal representation is strongly recommended if:

• You and your spouse cannot agree on custody or support

• There's a history of domestic violence or substance abuse

• Significant assets or complex property division is involved

• You suspect your spouse is hiding assets

• You're unsure about legal procedures or your rights

Family law is complicated and nuanced. On your own, it's incredibly easy to give up essential rights that can be expensive—even impossible—to reverse.

Frequently Asked Questions

How much does it cost to file for divorce in Memphis?

Filing fees in Shelby County are $381.50 if there are children and $306.50 if there are not. Service through the sheriff's department costs an additional $42. You may qualify for a fee waiver if you cannot afford the filing fee due to financial hardship.

What is the cheapest way to get a divorce in Memphis?

The most affordable option is an uncontested divorce where both spouses agree on all terms. Using an online service like Divorce.com instead of hiring individual attorneys can reduce total costs from $12,600+ to just a few thousand dollars while ensuring proper legal compliance.

How long does a divorce take in Memphis, TN?

Tennessee requires a 60-day waiting period for divorces without minor children and 90 days with minor children. Uncontested divorces in Shelby County typically take about two to six months total. Contested divorces take 12-24 months or longer depending on complexity and court scheduling.

Can I get a free divorce in Memphis?

While divorce isn't completely free, you can file a fee waiver request if you cannot afford the filing fee. Fee waivers cover filing fees but not attorney costs. The court evaluates your financial situation to determine eligibility.

Do I need a lawyer to get divorced in Memphis?

Tennessee law doesn't require an attorney for divorce. However, legal representation is recommended for contested divorces, complex asset division, or cases involving children or domestic violence. Services like Divorce.com provide guidance and mediation support without traditional attorney costs.

How much do divorce attorneys charge in Memphis?

Memphis divorce attorneys typically charge $200 to $400 per hour, with an average around $287 per hour in Tennessee. Retainer fees usually range from $2,000 to $5,000 upfront. Total attorney costs average $12,600-$18,900 but can exceed $30,000 for highly contested cases.

What is the Shelby County Divorce Referee?

The Divorce Referee reviews and monitors all divorce complaints filed in Shelby County. They hold hearings to set temporary child support, alimony, and attorney fees between filing and the final hearing. Your divorce complaint must be reviewed by the Referee before filing.

Does it cost more to get divorced with children in Tennessee?

Yes, divorces involving children cost significantly more due to the longer waiting period (90 days vs 60 days), parenting plan development, custody arrangements, child support calculations, and required parenting classes. Average costs with children are around $18,900 compared to $12,600 without children.

How can I reduce my divorce costs in Memphis?

Choose mediation over litigation, organize documents before meeting attorneys, communicate efficiently via email, work out minor details privately, consider limited scope representation, and apply for fee waivers if eligible. The faster you reach agreements, the less you'll spend.

Is Tennessee a 50/50 divorce state?

No, Tennessee is an equitable distribution state, not a community property state. The court divides marital property in a manner it considers fair based on various factors, which may not result in a 50/50 split.

Ready to start your divorce with transparent pricing and professional support? Divorce.com provides everything you need to complete your Memphis divorce efficiently and affordably. Get started today and take control of your divorce process.