Divorce is the legal termination of a marriage. It is the last thing anybody thinks of on their wedding day and is generally a sad ordeal that usually signifies a broken family. There’s a lot that goes into dissolving a marriage.
It can affect your finances and family relationships and become a source of antagonism, worry, and distress between you and your partner. The tension and stress you feel can be intensified when you have a joint business, have children, or have accumulated substantial assets over the marriage.
According to Tennessee statute, the grounds for divorce are relatively flexible to cover various circumstances, including no-fault divorce. However, a lot goes into the process, and the parties will need to resolve a number of other issues to end their relationship from a legal viewpoint.
Moreover, parents’ responsibilities and rights continue post-divorce, so matters associated with minor children will be central in the divorce proceedings.
Due to the complexities of terminating such an intimate relationship and the intricacies of Tennessee divorce law, you should get into the proceedings armed with an understanding of how it will impact your life.
At Durak Law, our Franklin divorce lawyers empathize with your situation and recognize that divorce is not solely a legal issue but an extremely personal life event that forever impacts you and your family.
Whether you need aid filing for divorce, filing for separation, or seeking a collaborative divorce, our sympathetic divorce attorneys in Franklin, TN, have the character and experience to vigorously protect your rights. Call our family law attorneys today at (615) 812-2829 to schedule a consultation.
Divorce Statistics and Trends
Divorce rates have been a topic of interest for many years, reflecting societal changes and evolving attitudes towards marriage. Tennessee ranks 10th highest in the nation for divorce rates. As of 2021, Tennessee’s divorce rate stood at 3.3 divorces per 1,000 inhabitants.
This marks a notable decrease from 6.5 per 1,000 in 1990, illustrating a substantial decline over the past three decades. Experts predict that the divorce rate in Tennessee will continue to fall below current levels (around 3.5 per 1,000) as societal norms evolve and marriage patterns change.
Emotional and Psychological Impact
Divorce can take an emotional toll on individuals and families. The end of a marriage often leads to feelings of grief, loss, and uncertainty about the future. Children may also experience confusion and distress during this transition. Studies indicate that individuals going through a divorce may face increased stress levels, anxiety, and depression.
It is essential for those affected to seek emotional support from friends, family, or professionals to navigate this challenging time effectively.
What Are the Grounds for Divorce in Tennessee?
Similarly to other states, Tennessee will award divorce based on both fault and no-fault grounds. Additionally, spouses in Tennessee can file for divorce on various fault grounds, including:
- Bigamy
- Impotence
- Adultery
- Felony conviction and imprisonment
- Attempted murder of your spouse
- Desertion (two or more years)
- Abandonment
- Excessive cruelty
- Habitual drunkenness or drug use
- Carrying another man’s child
- Behaving so intolerably that your partner leaves
No-Fault Divorce
Tennessee is a no-fault divorce state. A no-fault divorce in Tennessee means that neither spouse is held responsible for the breakdown of the marriage. The primary grounds for a no-fault divorce include:
- Irreconcilable Differences: Both parties agree that their differences are insurmountable, concluding that the marriage cannot be saved.
- Long-Term Separation: Couples who have lived apart for more than two years without cohabitation and who do not have minor children can file for a no-fault divorce.
This type of divorce is generally quicker and less expensive because it does not require proving wrongdoing or fault on either side.
Fault-Based Divorce
In contrast, a fault-based divorce assigns blame to one spouse for the marriage’s failure. This type of divorce can involve more complex legal proceedings, as it requires evidence to support misconduct claims. Common grounds for fault-based divorce include adultery, abandonment, or abuse.
In fault-based divorces, the court may consider the misconduct when determining alimony and custody arrangements, potentially leading to higher financial obligations for the at-fault spouse.
Legal Requirements for Divorce in Tennessee
Filing for divorce in Tennessee involves specific legal requirements:
Tennessee Residency Requirements for Divorce
The residence criteria must be satisfied for a Tennessee court to have jurisdiction over a divorce case. The conditions that must be met include:
- One spouse must have lived in Tennessee for six months before filing for divorce in the state; OR,
- The filing spouse must have been a resident of Tennessee at the time the grounds for divorce were established.
Moreover, the divorce must be filed in one or both of the spouses’ county of residence. Consult with a knowledgeable Franklin divorce lawyer to learn what requirements are needed for your circumstances.
Tennessee’s Divorce Waiting Times
Depending on the circumstances of the divorce, Tennessee has two waiting periods.
- In cases involving minor children, the court must wait 90 days following the filing of the divorce before rendering a decision.
- If no children are involved, the court must wait 60 days following the filing of the divorce before rendering a decision
Consulting with a Franklin divorce lawyer can provide clarity on these requirements.
What is the Divorce Process?
The divorce process can be complex, involving multiple steps from filing to finalizing the divorce. Here’s a step-by-step guide on what the divorce process involves:
Filing for Divorce
The divorce process begins when either the wife or husband files a divorce petition with the court. Either spouse must have lived in Tennessee for not less than six months before filing for divorce.
Gather necessary documents, including a petition for divorce, financial disclosures, and any relevant agreements. Submit your divorce papers to the appropriate court. Depending on local regulations, this can often be done online or in person.
Pay filing fees. Fees vary by jurisdiction; ensure you check the specific amount required in your area. Once filed, the court assigns a case number, which is essential for future correspondence and filings. An experienced Franklin divorce lawyer can help you make this process as smooth as possible.
Serving Divorce Papers
You must serve your spouse with copies of the filed divorce papers, typically including a summons and complaint. Common methods include:
- Personal Service: Delivering documents directly to your spouse.
- Mail Service: Sending documents via certified mail or regular mail with an acknowledgment of receipt.
- Professional Process Server: Hiring someone trained to serve legal documents if your spouse is evasive.
If your spouse does not respond to the service, you may need to seek permission from the court for alternative service methods, such as publication in a newspaper.
Temporary Orders
Temporary orders are essential during divorce proceedings to address immediate issues such as:
- Child Custody and Support: Establishing who will have custody of children and the amount of child support required.
- Property Division: Determining how assets and debts will be managed until the final divorce decree is issued.
These orders help maintain stability during the often lengthy divorce process.
Mediation and Negotiation
Mediation involves both parties working with a neutral third party to resolve disputes amicably. It can cover child custody arrangements, division of assets, and Spousal support agreements.
Mediation is often encouraged as it can save time and reduce costs compared to litigation, allowing both parties to reach mutually agreeable terms without going to trial. Mediation isn’t necessary if the divorcing spouses have already formulated a marital dissolution agreement and parenting strategy.
Trial
If mediation fails or disputes remain unresolved, the case may go to trial. Both parties must prepare evidence, witness lists, and legal arguments in the hearing. Each side presents their case before a judge who will make binding decisions on contested issues.
Trials can be lengthy and emotionally taxing; having legal representation is crucial to navigating this complex process effectively. Our Franklin divorce lawyers at Durak Law are experienced and skilled in divorce litigation and will aggressively advocate for your interests.
Understanding these steps can help individuals navigate the divorce process more smoothly, ensuring that all legal requirements are met while addressing personal concerns effectively.
What Are the Financial Considerations of Divorce?
Divorce can have significant financial implications, and understanding the legal framework in Tennessee is essential for navigating this complex process. Below are key considerations regarding the division of assets and debts, alimony, child support, and custody arrangements.
Division of Assets and Debts
Assets and debt management are major issues of contention in divorce proceedings. Tennessee follows an equitable distribution doctrine, meaning marital property is divided fairly but not equally.
Marital property includes assets acquired during the marriage, while separate property consists of assets owned before marriage or received as gifts or inheritances. However, separate property can become marital if co-mingled during the marriage.
When dividing assets and debts, Tennessee courts consider various factors:
- Duration of the marriage
- Age, health, and employability of each spouse
- Contributions to the marriage (financial or non-financial)
- Future earning potential
- Value of separate property
- Economic circumstances at the time of division
- Tax consequences associated with asset division
Debts are also divided based on their purpose, who incurred them, who benefited from them, and which party can best repay them. Speak with an experienced Franklin divorce lawyer to understand how this division may work in your individual circumstance.
Alimony/Spousal Support
Alimony, also known as spouse maintenance or spousal support, refers to financial support that an individual is mandated by a court to provide to their spouse following divorce. Alimony in Tennessee is determined on a case-by-case basis and depends on:
- The requesting spouse’s financial needs
- The other spouse’s ability to pay
- Duration of the marriage
- Standard of living during the marriage
- Contributions to the marriage
Types of Alimony
Tennessee recognizes several types of alimony:
- Temporary Alimony: Support during divorce proceedings.
- Rehabilitative Alimony: Support for a limited time to allow a spouse to gain skills or education.
- Periodic Alimony: Ongoing support for an indefinite period.
- Lump-Sum Alimony: A one-time payment.
Alimony amounts are not fixed; they depend on individual circumstances and may be adjusted over time based on changes in financial situations.
Child Support
Child support in Tennessee is calculated using an Income Shares Model, which considers both parents’ incomes and parenting time. The formula includes:
- Parents’ combined income
- Child-related expenses (health insurance, childcare)
- Special circumstances that may affect costs
Child support can be modified if there is a significant change in circumstances, such as job loss or changes in income. Both parents can request a review to adjust the support amount accordingly.
Post-Divorce Considerations
Navigating life after divorce involves several important considerations. Some of the key areas to focus on include:
Enforcing Divorce Decrees
After a divorce, ensuring compliance with the terms of the divorce decree is crucial. If one party violates the decree, the following actions can be taken:
- Review the Decree: Understand the specific obligations outlined in the decree.
- Consult Your Franklin Divorce Lawyer: Seek legal advice on how to enforce the terms effectively.
- File a Motion: If necessary, file a motion with the court to compel compliance or seek modifications based on changing circumstances.
Changing Your Name
If you wish to change your name post-divorce, consider these steps:
- Legal Process: File a petition with the court if your divorce decree does not automatically restore your maiden name.
- Notify Relevant Parties: To avoid confusion, inform banks, credit agencies, and other institutions about your name change.
- Update Identification: Ensure that your new name reflects your driver’s license, passport, and social security records.
Post-Divorce Estate Planning
Updating your estate plan after a divorce is essential. Make sure to revise wills and trusts. Remove your ex-spouse as a beneficiary and appoint new individuals as necessary. Change Beneficiary Designations.
Update life insurance policies and retirement accounts to reflect your current wishes. Establish new Powers of Attorney. Designate trusted individuals for financial and health care decisions instead of your ex-spouse. Working with a seasoned Franklin divorce lawyer will help to ensure your rights and assets are protected.
Choosing the Right Franklin Divorce Lawyer
Selecting an appropriate attorney can significantly impact your divorce experience. Consider these factors:
- Experience: Look for attorneys who specialize in family law and have experience with cases similar to yours.
- Communication Style: Choose someone who communicates clearly and is responsive to your needs.
- Conflict Resolution Approach: Assess whether they favor mediation or litigation based on your preferences.
How to Prepare for Your Initial Consultation
Preparation for your first meeting with a Franklin divorce lawyer can make the process smoother:
- Gather Documentation: Bring financial statements, tax returns, property deeds, and any legal documents related to your marriage.
- Prepare Questions: List questions regarding their approach, fees, and expected timelines for your case.
- Outline Your Goals: Clearly articulate what you hope to achieve through the divorce process, such as custody arrangements or asset division
Enlist Experienced Franklin Divorce Lawyers Today!
We know how hard the divorce process can be. Other than the emotional aspect, there are legal implications of dissolving a marriage that you should stay on top of. Our legal team at Durak Law will personally navigate you through the divorce process and handle any concerns you may have.
From negotiating a favorable child support amount to resolving custody disputes, our Franklin divorce lawyers are ready to safeguard your best interests. To learn more about divorce proceedings and get advice on handling them, please get in touch with our experienced divorce attorneys at Durak Law.
Call our Franklin divorce lawyers today at (615) 812-2829 today to schedule a consultation.
