Going through a divorce often comes with complex financial and emotional losses. Having the right lawyer on your side is essential to protecting your present and future well-being. There are several important questions to ask a divorce attorney in Murfreesboro, Tennessee, before hiring them to take on your case.
10 Questions to Ask Your Divorce Lawyer
Known for being home to Middle Tennessee State University and having a rich history, Murfreesboro residents get to enjoy family life and breathtaking nature views as they navigate their daily lives.
However, when dealing with personal legal hardships, it can be difficult to know where to begin.
Broaching the topic of divorce with your spouse can make you feel isolated, but it’s important to remember that you aren’t alone. 12% of men and 13% of women in Murfreesboro were divorced in 2024. While this process can be difficult to manage without a lawyer, it was made to be accessible with the right help. After doing online research or seeking a referral from a trusted loved one, be sure to ask the lawyer:
1. Have You Handled Cases Similar to Mine in the Past?
No two divorces are alike, and the right strategy depends on your circumstances. If your marriage involved a history of domestic violence, or emotions are running high, you need a lawyer who has handled those dynamics before.
Ask specifically about the issues in your case, such as contested child custody, alimony, a family business, retirement accounts, or a parent relocating, and how much of the attorney’s practice is devoted to family law. Also ask how often they appear in Rutherford County courts. Familiarity with local judges, procedures, and mediation practices can make your case more efficient.
What a good answer sounds like: specific examples of similar cases (without confidential details) and how they were resolved.
2. What Is Your Approach to Divorce Cases?
Some attorneys want clients closely involved in every decision, while others prefer to handle most of the work and check in at key milestones. Ask which style the lawyer uses so you know what to expect.
Also ask whether they generally favor negotiation, mediation, a collaborative approach, or litigation, and how they decide which fits a case. The right approach for an uncontested divorce based on irreconcilable differences is very different from a high-conflict custody dispute.
3. How Do You Handle a Case to Prevent It From Escalating Unnecessarily?
When spouses can still communicate, mediation can resolve many issues without a courtroom battle. A lawyer who refuses to negotiate may drive up costs and produce worse results.
Tennessee generally requires parents to attempt mediation over a parenting plan before a contested hearing, with exceptions such as cases involving domestic abuse (Tenn. Code Ann. § 36-6-305), and courts often order mediation for other disputed issues. Ask how the attorney prepares clients for mediation, how they handle an uncooperative spouse, and what they do to keep conflict and legal fees under control.
4. How Often Do Your Cases Actually Go to Trial, and What Are the Outcomes of Those Cases?
Most divorces settle, but you need a lawyer who is prepared to try your case if settlement fails. No trial experience, or a record of poor outcomes, may be a red flag.
Ask when they last tried a contested divorce or custody case and how they decide a settlement offer is not good enough. When the other side knows your lawyer is ready and able to go to trial, they are often more willing to negotiate fairly. You can also review the firm’s case results.
5. Do I Get Direct Communication With You, or With a Paralegal or Receptionist?
You deserve an attorney who is readily available to answer your questions, not one you can only reach through staff.
Ask who will actually work on your file, how quickly calls and emails are usually returned, and whether there is a secure way to share documents. Paralegals can handle routine tasks at a lower hourly rate, but the attorney should personally handle strategy, negotiations, and court appearances.
6. Can You Walk Me Through the Entire Legal Process?
A good lawyer can explain each stage of a divorce in plain language. Vague answers, or reluctance to explain legal concepts, may be a red flag.
In Rutherford County, a divorce typically moves through these stages:
- Filing a Complaint for Divorce in Circuit or Chancery Court and serving your spouse.
- Exchanging financial information and conducting discovery.
- Preparing a Permanent Parenting Plan if you have minor children, and completing a parent education seminar.
- Mediation to resolve property, support, and parenting issues.
- Settlement through a Marital Dissolution Agreement, or a trial if issues remain contested.
- A Final Decree of Divorce entered by the judge.
Generally, at least one spouse must have lived in Tennessee for six months before filing (Tenn. Code Ann. § 36-4-104), and a divorce cannot be finalized until 60 days after filing, or 90 days if you have minor children (Tenn. Code Ann. § 36-4-103).
7. What Are the Realistic Outcomes I Should Expect?
Every outcome depends on the couple’s financial and family situation. Your lawyer should explain what they realistically believe can be achieved in your case.
Ask how Tennessee law applies to you. Marital property is divided equitably, not automatically 50/50, based on factors such as the length of the marriage, earning capacity, and contributions as a homemaker or parent (Tenn. Code Ann. § 36-4-121). Custody decisions turn on the child’s best interests (Tenn. Code Ann. § 36-6-106), with no preference for mothers or fathers. Alimony may be rehabilitative, transitional, in futuro, or in solido (Tenn. Code Ann. § 36-5-121). Be cautious of any attorney who guarantees a specific result. Ethical lawyers give informed estimates, not promises.
8. How Does Payment Work?
Pricing should be explained clearly before you hire anyone. If a lawyer cannot or will not explain how they charge, they may not be the right fit.
Questions to ask about fees:
- Do you charge hourly or a flat fee, and is a flat fee available for an uncontested divorce?
- How much is the retainer, and is any unused portion refunded?
- What are the hourly rates for paralegals and other staff?
- What other costs should I expect, such as court filing fees, mediator fees, appraisers, or forensic accountants?
- Can my spouse be ordered to contribute to my attorney’s fees?
For a full breakdown, read our guide on how much a divorce costs in Tennessee.
9. What Challenges Do You Expect During My Case?
An experienced lawyer can anticipate pushback from your spouse’s side so you are not caught off guard as the case moves forward.
Common challenges include hidden or undervalued assets, disputes over the marital home, a business or retirement account that needs valuation, disagreements over the parenting schedule, or a spouse who will not cooperate with discovery. Ask how the attorney would handle each one and what you can do now, such as gathering financial records and avoiding social media posts about your case, to protect your position.
10. Why Should I Choose You Over Other Divorce Lawyers?
Think of the consultation as a job interview. The lawyer should be able to explain what sets their firm apart from other divorce attorneys in Murfreesboro.
Look for concrete answers: years practicing family law in Tennessee, familiarity with Rutherford County courts, client reviews, communication practices, and whether services are available in your preferred language. You can also verify an attorney’s license and disciplinary history through the Tennessee Board of Professional Responsibility.
Red Flags to Watch for When Hiring a Murfreesboro Divorce Attorney
Keep looking if an attorney:
- Guarantees a specific outcome on custody, property, or alimony.
- Will not put the fee agreement and retainer terms in writing.
- Does not focus on family law or rarely handles divorces in Rutherford County.
- Leaves you to deal mostly with staff and rarely speaks with you directly.
- Pressures you to sign a retainer agreement during the first meeting.
- Pushes every case to trial, or refuses to consider trial when settlement fails.
What to Bring to Your First Divorce Consultation (NEW)
Bringing the right documents helps your attorney give you accurate, specific answers in the first meeting:
- Federal and state tax returns for the last two to three years.
- Recent pay stubs or other proof of income for both spouses, if available.
- Bank, retirement, investment, and 401(k) statements.
- Mortgage statements, deeds, and vehicle titles.
- Credit card, loan, and other debt statements.
- Any prenuptial or postnuptial agreement.
- Your children’s schedules, school information, and any existing custody or support orders.
- Any orders of protection or police reports related to domestic violence.
- A written list of your questions and goals.
If children are involved, our guide on how to prepare for your child custody case in Murfreesboro covers what else to gather.
Tennessee Divorce at a Glance
| Topic | Tennessee Rule |
| Residency | Generally, at least one spouse must live in Tennessee for 6 months before filing (Tenn. Code Ann. § 36-4-104). |
| Waiting period | 60 days from filing without minor children; 90 days with minor children (Tenn. Code Ann. § 36-4-103). |
| Grounds | No-fault (irreconcilable differences; 2 years’ separation with no minor children) or fault-based grounds such as adultery or inappropriate marital conduct (Tenn. Code Ann. § 36-4-101). |
| Property division | Equitable distribution of marital property, not automatically 50/50 (Tenn. Code Ann. § 36-4-121). |
| Alimony | Four types: rehabilitative, transitional, in futuro, and in solido (Tenn. Code Ann. § 36-5-121). |
| Child custody | Based on the child’s best interests (Tenn. Code Ann. § 36-6-106); a Permanent Parenting Plan is required (Tenn. Code Ann. § 36-6-404). |
| Child support | Calculated under the Tennessee Child Support Guidelines (Income Shares model). |
| Where to file in Murfreesboro | Rutherford County Circuit Court, 116 West Lytle Street; Rutherford County Chancery Court also hears divorces. |
Hire a Divorce Lawyer
Boss Law has been helping the local community for over two decades. As long-term Tennessee residents, our legal team is passionate about protecting our neighbors and community members’ legal rights during times of high stress. You don’t have to go through your divorce case alone.
Having an empathetic lawyer on your side throughout the entirety of your legal case can help give you the confidence you need to seek a brighter future post-divorce. Our attorneys’ goal is to provide emotional and legal support and be a strong legal advocate that you can rely on during legal proceedings.
FAQs
What Should I Do Before Meeting With a Lawyer to Discuss My Divorce Case?
Before meeting with a lawyer to discuss your divorce case, be sure to read their law firm’s Google and Yelp reviews from past clients, as these unbiased reviews will offer insight into how the lawyer acts. Make sure the law firm has practice area pages about divorce and family law, including child custody and alimony, if applicable.
How Is Property Divided in a Tennessee Divorce?
In a Tennessee divorce, marital property is divided based on what the couple can agree on, or what the court considers equitable division. In 2024, the average home value in Woodbury was $402,100. The marital home tends to be a couple’s highest-value asset, requiring careful handling during legal proceedings.
Will I Have to Pay Alimony in My Divorce Case?
The amount you will need to pay in alimony is dependent on several factors. You could pay as little as nothing, but it is up to the determination of the court, which will factor in your income, your expenses, whether you must care for anyone with special needs, and more. To estimate the amount of alimony you may need to pay, speak with your lawyer about your specific circumstances, who may be able to estimate the amount.
Where Do I File My Divorce Case in Murfreesboro?
In Murfreesboro, you can file your divorce case at the Rutherford County Circuit Court, located at 116 West Lytle Street. Before filing for a divorce, hire a divorce lawyer to help explain the legal process and what state laws apply to your situation. Not every lawyer is going to be right for your unique needs.
How Much Does a Divorce Lawyer Cost in Murfreesboro, TN?
The cost of a divorce lawyer in Murfreesboro depends on whether your divorce is contested, how many issues are in dispute, and how the attorney bills. An uncontested divorce with a full agreement typically costs far less than a contested case involving child custody disputes, business valuation, or a trial. Most Tennessee divorce attorneys bill hourly against an upfront retainer, while some offer flat fees for uncontested cases. Ask for the full fee structure in writing at your consultation, and read our guide on how much a divorce costs in Tennessee for a detailed breakdown.
How Long Does a Divorce Take in Tennessee?
Tennessee requires a waiting period of at least 60 days from the date of filing for couples without minor children and 90 days for couples with minor children before a divorce can be finalized (Tenn. Code Ann. § 36-4-103). Uncontested divorces are often completed in roughly two to four months. Contested divorces can take six months to a year or longer, depending on discovery, mediation, and the court’s schedule in Rutherford County.
Work With a Murfreesboro Divorce Attorney From Boss Law
Contact Boss Law’s office in Murfreesboro today to schedule a confidential case evaluation with one of our three knowledgeable lawyers. If you feel more comfortable communicating in Spanish, you’ll have the option to work with our lead attorney through our bilingual legal services.
