Divorce is not just a legal process; it is a profound life event that evokes a wide range of emotions and challenges. Whether you are contemplating divorce or have already made the decision, understanding the divorce process is crucial to navigating this complex journey.
The implications of divorce extend beyond emotional distress; they encompass financial responsibilities, legal considerations, and the well-being and interests of any children involved. At Durak Law in Franklin, Tennessee, our divorce lawyers guide clients through every step of divorce, ensuring that they have the support they need during this challenging time.
Grounds for Divorce in Tennessee
Under Tennessee law, divorce can be granted based on two categories of grounds:
1. No-Fault Grounds
The most common no-fault ground is irreconcilable differences, which means that the spouses have fundamental disagreements that cannot be resolved. This option allows couples to file for divorce without assigning blame to either party
2. Fault-Based Grounds
In addition to irreconcilable differences, Tennessee family law also allows for fault-based divorces. These are situations where one spouse is blamed for the marriage breaking down. Fault grounds include:
- Adultery: One spouse has been unfaithful to the other.
- Abandonment: One spouse has abandoned the other for a period of at least one year.
- Cruelty: Physical or emotional abuse inflicted on one spouse by the other.
- Substance Abuse: Addiction to drugs or alcohol that harms the marriage.
- Conviction of a Felony: If one spouse is convicted of a felony and sentenced to a lengthy prison term.
It is important to note that fault-based grounds can impact the divorce in different ways, including the division of assets and spousal support (alimony).
Filing for Divorce
The first step in the divorce process is filing a petition for divorce. This document is filed with the appropriate court in the county where one of the spouses resides.
Residency Requirements
In Tennessee, the spouse filing for divorce must meet a minimum residency requirement. To file for divorce in Tennessee, at least one spouse must have been a resident of the state for six months prior to filing.
Serving Divorce Papers
Once the petition for divorce is filed, the other spouse must be notified. This is done by “serving” them with the divorce papers, which include a summons and the petition for divorce. The spouse has the option to respond to the petition, either agreeing to the terms or contesting the divorce.
If the other spouse cannot be located, alternative methods of service may be employed, such as publication in a local newspaper.
Temporary Orders
During the divorce process, any of the spouses can seek temporary orders from the court. These orders are meant to address immediate needs and set expectations for both parties while the divorce is ongoing.
Common temporary orders may cover:
- Spousal support (alimony): Providing financial support to the lower-earning spouse.
- Child custody and support arrangements: Determining who will care for the children and how financial support will be allocated.
- Division of responsibilities: Addressing immediate concerns, such as who will remain in the family home.
These temporary orders help ensure that both spouses and children are provided for during the divorce proceedings.
Division of Assets and Debts
Tennessee follows an equitable distribution system when it comes to dividing marital property and debts. This means that property is divided fairly, but not necessarily equally. The court considers a variety of factors when dividing assets, such as:
- The length of the marriage.
- The financial and non-financial contributions made by each spouse.
- The economic circumstances of each spouse.
- The needs and best interests of any children involved.
It’s important to distinguish between marital property (property acquired during the marriage) and separate property (property owned before the marriage or received as a gift or inheritance). Only marital property is subject to division.
Child Custody and Support
When children are involved in a divorce, the court prioritizes the best interests of the child when making custody decisions. Child custody can be joint or sole, and it may include physical custody (who the child lives with) and legal custody (who makes important decisions for the child).
Tennessee courts also encourage parents to create a parenting plan that outlines custody and visitation arrangements. This reduces the strain on the child during the divorce process.
Child support is calculated using Tennessee’s guidelines, which take into account both parents’ income, the number of children, and other relevant factors. The court aims to ensure that the child’s needs are met and that both parents contribute fairly to the child’s upbringing.
Spousal Support (Alimony)
Spousal support, or alimony, is often awarded when there is a significant disparity in income between spouses. There are several types of alimony in Tennessee:
- Rehabilitative alimony: Temporary support to help the spouse become self-sufficient.
- Transitional alimony: Support to help the spouse adjust to the transition after divorce.
- Periodic alimony: Ongoing support, usually awarded when one spouse cannot support themselves financially.
- Lump-sum alimony: A one-time payment, typically used in cases involving long-term marriages.
The court will consider factors such as the length of the marriage, the recipient spouse’s need for support, and the paying spouse’s ability to pay when determining alimony.
Resolving Disputes
Many couples are able to resolve disputes outside of court through mediation or other forms of Alternative Dispute Resolution (ADR). These methods allow both spouses to work together with a neutral third party to reach an agreement on key issues like property division, custody, and support.
If mediation fails, the case may proceed to litigation, where a judge will make the final decisions.
Finalizing the Divorce
The divorce process concludes with the issuance of a final divorce decree, which is a legal document that formalizes the dissolution of the marriage and outlines the court’s decisions on property division, custody, support, and other matters.
In Tennessee, there is typically a 60-day waiting period after filing for divorce before a final decree can be issued, unless there are extenuating circumstances.
Contact an Experienced Lawyer to Guide You Through the Divorce Process in Tennessee
Divorce is a complex and often emotional process, but understanding the steps involved can help reduce stress and ensure that your rights are protected.
Whether you are facing a no-fault or fault-based divorce, the decisions you make during the process will have long-term implications. Working with an experienced family law attorney like those at Durak Law in Franklin, Tennessee, can help you navigate this challenging time and achieve the best possible outcome for your future.
If you’re considering divorce or have questions about the process, contact Durak Law today at (615) 812-2829 for personalized guidance and legal representation. We’re here to support you every step of the way.
