If separating is the only thing left on which you and your spouse can agree, it might be time to file for divorce. Unfortunately, divorce is an undoubtedly difficult and stressful process. That said, it can be made easier with the help of a skilled attorney.
Boss Law offers comprehensive guidance and personalized representation throughout the divorce process. Our firm can help you finalize your divorce quickly and favorably, with as little stress as possible. We are committed to serving our clients with compassion in their time of need.
Do You Need a Lawyer for Your Divorce in Tennessee?
Going through a divorce procedure is rarely easy. Stress runs high, and couples typically make bad decisions in the heat of the moment. Working with a divorce attorney can help you by reviewing your proposed divorce settlement prior to signing.
Understanding Uncontested vs. Contested Divorce in Tennessee
In Tennessee, you may file for uncontested or no-fault divorce – wherein you and your partner are splitting up due to irreconcilable differences but are willing to cooperate to come to an agreement on most matters – or contested divorce. To file contested, you must provide grounds for the divorce.
Is Tennessee a No-Fault Divorce State?
Tennessee is not a no-fault divorce state. One person must confirm grounds for a divorce unless both spouses agree to be separate, all of the divorce terms are agreed to, and the court authorizes the settlement terms.
One spouse is incapable of procreation (and the other spouse did not know at the time of the marriage)
Inappropriate marital conduct
Generally speaking, an uncontested divorce is a simpler and more cost-effective approach. Resolving your divorce through mediation – by compromising and negotiating effectively – can significantly improve the final outcome and give you more control over each decision. Of course, if agreement is simply not possible, our attorneys are completely comfortable in the courtroom. Our team is equipped and ready to represent you before a judge and to fight for a favorable resolution.
What to Expect During Your Divorce Process
If you have never filed for divorce before, you might be unsure how to proceed. To start, one spouse must serve the other with divorce papers. Keep in mind that Tennessee has a residency requirement for divorce – you must have lived in the state for at least six months before you can file for divorce here (barring emergency situations, such as domestic abuse).
Throughout the process, you will have to make decisions and resolve disputes regarding:
Every step of the way, our attorneys can be there by your side, helping you overcome each step. Divorce can be a long and cumbersome process – but we can help you make it better.
WHAT IS THE DIVORCE PROCESS IN TENNESSEE?
Here is a brief summary of what the divorce process looks like in Tennessee.
Complaint or Petition for Divorce – Filing this will start the divorce process. The person filing is called the plaintiff.
Complaint and Summons – The court will issue a Summons, and then both documents will be served to the other spouse. There is a specific process that must be followed – contact our firm to learn more.
Answer and Counter-Complaint – This will be the document that the other spouse will submit, which allows him or her to make a case that might be different than the original petition.
Discovery – This will be a period of time where extensive data gathering occurs regarding marital assets, property, income, etc.
Parenting Class – A divorcing couple with children will be required to take a four-hour parenting-through-divorce class.
Negotiated Settlement – If possible, the divorcing couple will come to a negotiated settlement regarding the matters pertaining to their divorce, which is preferable to a contested trial.
Divorce Trial – If the couple was unable to settle their divorce through negotiations, then the case will need to be litigated in court. Oftentimes, the couple will be required to attend mediation before setting a trial date.
Final Decree of Divorce – While there are still many details to attend to post-divorce, the divorce will be finalized when the judge signs this final decree.
DOES IT MATTER WHO FILES FOR DIVORCE FIRST IN TENNESSEE?
In Tennessee, it does not matter who files for divorce first. The court will treat both spouses equally and make decisions based on the best interests of the parties and the children, if any. However, there are some practical advantages to filing for divorce first. For example, the spouse who files first can choose the location of the divorce and set the proceedings' pace.
Additionally, the spouse who files first may have a better chance of getting temporary orders, such as restraining orders or orders for child custody, before the other spouse can respond.
Suppose you are considering filing for divorce in Tennessee. In that case, speaking with an experienced Murfreesboro divorce attorney is essential to discuss your options and ensure your protection.
IS TN A 50/50 DIVORCE STATE?
No, Tennessee is not a 50/50 state for the division of marital property in a divorce. However, Tennessee is an equitable distribution state for property division in divorce, but courts must consider a list of aspects in determining which spouse obtains what assets.
HOW CAN A DIVORCE ATTORNEY IN MURFREESBORO HELP YOU?
When you hire a lawyer to help you with your divorce, it's important to not only hire a legal expert who will assist you with legal matters regarding your divorce but someone who truly cares about you and your unique situation. Our divorce attorneys in Murfreesboro are committed to giving your case the distinctive attention that it requires.
A divorce lawyer can help you in the following ways:
Supporting you emotionally
Guiding you through the legal process
Helping you prevent costly mistakes
Represent you in court
Handling paperwork and ensuring it gets done correctly and promptly
Don't go through a divorce without an experienced lawyer by your side. Contact our divorce attorneys today to schedule a free consultation and to learn more about how we can help you.
Be sure to contact our firmto help you through every step of the divorce process.
DIVORCE FAQS
Is there a residency requirement to file for divorce in Tennessee?
Like most other states, Tennessee requires that a spouse is a state resident for at least six months before filing for divorce in Tennessee. If the situation includes abuse or another emergency, then this residency requirement might be waived.
Is there a waiting period for divorce?
If it is an uncomplicated divorce, then the process might only take between 2-6 months. Complex divorces can take much longer. There is a mandatory “cooling off” waiting period of 60 days after the divorce is filed. This period is extended to 90 days if there are children involved.
Does Tennessee have legal separation?
Tennessee does recognize legal separation, which allows a couple to separate and handle the matters of divorce but still remain legally married.
Does Tennessee allow for annulments?
Tennessee does allow for a marriage to be annulled, which legally states that the marriage never took place. It is rare as there are specific requirements to get an annulment, which include:
Insanity
Underage
Incest
Bigamy
Duress
Fraud
Impotence
Denial of marital rights
What are the grounds for divorce in Tennessee?
Tennessee recognizes both fault and no-fault grounds for divorce. Fault grounds include adultery, abandonment, cruelty, and substance abuse. No-fault grounds can be established by living apart for at least a year.
Can I change my name after a divorce in Tennessee?
Yes, Tennessee allows individuals to request a name change as part of the divorce proceedings. This request can be included in the final decree of divorce.
What happens to debts during a divorce in Tennessee?
In Tennessee, marital debts are also subject to equitable distribution. The court will consider various factors to determine how debts will be divided between spouses.
Contact our firm to learn more about divorce in Tennessee and to discuss your situation with us.
