When Divorce Is The Only Option
No one enters a marriage thinking that it will end in divorce. However, sometimes… divorce is the only option. Divorce can be an emotional, confusing, and challenging experience for anyone. It helps to know that you have a team in your corner working hard to secure the best outcome.
Why Should You Hire Murfreesboro Family Law?
Here in Murfreesboro, there are many Family Law attorneys to choose from. When choosing a lawyer to handle your divorce, you want to be sure that you are making a good choice. We get that. We strive to give our clients the absolute best service and educate them on the process as we go. What makes us different from all of the other firms?
Some things that set us apart are:
- We are family owned and have been in business for over 16 years.
- Our attorneys are local. They all work right here in Murfreesboro, TN.
- Through our commitment to our clients over the years, we have built a great reputation around town as well as in our online reviews.
- Our team of female attorneys are professional, caring, and easy to work with.
- When you hire us, you hire our entire staff. We are here to get you results and mitigate the stress that can be caused by divorce.
Request a Consultation
If you would like to meet with one of our attorneys regarding the possibility of divorce, please fill out the form below. This form does not grant attorney client privilege. Please refrain from writing anything confidential until you have retained our legal services.
What Is The Divorce Process In Tennessee?
When getting a divorce in Tennessee, understanding the process is crucial. You should be aware of each step in the process and what measures are being taken to ensure that your law firm is making the best choices for your situation. In Tennessee, at least on a basic level, the process is as follows:
- Complaint and Certificate of Divorce Filed
- Summons Issued by the Court
- Sheriff’s Deputy Typically Serves Complaint and Summons
- Answer and Counter-Complaint
- Settlement Negotiation or Possibly Discovery
- Ends With a Settlement or Trial
That is the process on a basic level. Getting the process started before your spouse often works to your advantage. First and foremost, it allows you and your legal team time to strategize. This can be very advantageous as it also gives you time to gather all the information needed, find emotional/financial resources such as financial planners, therapists, daycare, etc. prior to filing.
The divorce process can be overwhelming. Our attorneys are experts at guiding you through the steps of this process and securing the absolute best outcome for you, and your children. We will be there for you every step of the way.
What Are Grounds For Divorce In Tennessee?
One of the most common questions that we hear is, “What are the grounds for divorce in the state of Tennessee?” The answer is, it depends. If both parties agree that there are irreconcilable differences, then this is and example of what is called “no-fault” grounds for divorce. This will serve as the grounds for divorce.
There are also what are called “fault” grounds for divorce. These are essentially the opposite of no-fault grounds. In short, this is where one spouse alleges poor conduct on the part of the other that has contributed to the undoing of their marriage. Tennessee Code Annotated § 36-4-101 details these grounds as:
- Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation
- Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting
- Either party has committed adultery
- Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year
- Being convicted of any crime that, by the laws of the state, renders the party infamous
- Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary
- Either party has attempted the life of the other, by poison or any other means showing malice
- Refusal, on the part of a spouse, to remove with that person’s spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years
- The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband
- Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage
- The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct
- The husband or wife has offered such indignities to the spouse’s person as to render the spouse’s position intolerable, and thereby forced the spouse to withdraw
- The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide
- Irreconcilable differences between the parties; and For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
- A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.
Obviously, a no-fault divorce can be better for everyone involved as it is generally less expensive and not as involved a process. However, sometimes the situation calls for a fault-based divorce. It ultimately depends on the reason you are seeking a divorce in the first place and what results you are anticipating.
Making the decision to move forward with a no-fault divorce or a fault-based divorce can be difficult. Whatever the circumstance, we will assist you and strive for the absolute best outcome.
Frequently Asked Questions About Divorce In Tennessee
Understandably, if you are reading this, you are likely doing a lot of research. There is a lot of information to comb through when it comes to divorce in any state, let alone in Tennessee. Listed below are some of the most frequently asked questions that we get. Hopefully, this will help to answer some of the questions that you may still have.
For any other questions, please reach out to us and we will be glad to help.
How Long Will My Divorce Take
This depends on a few factors. If both parties consent to the divorce and there are no children involved, this process can take as little as 60 days. If there are children involved, it is a minimum of 90 days.
The time a contested divorce takes is a little harder to gauge and can last for months to years depending on the situation.
What is The Difference Between a Contested and Uncontested Divorce
A contested divorce is where a couple cannot agree on terms during the divorce process and a judge will ultimately help them to make decisions regarding their terms. This is generally a much longer, more expensive process than an uncontested divorce.
An uncontested divorce is where both parties agree to each other’s terms with no contest. This is generally much easier, takes less time and is more cost-effective. Download these court approved divorce forms if you think this sounds like the best option.
How Much Does Divorce Cost
Like many things when it comes to a divorce… this depends. Filing fees typically are anywhere from $184.50 to $301.50. Depending on the conditions surrounding your particular case, there could be more fees and expenses associated with your divorce.
Our attorneys are here to help you understand and navigate those additional costs.
How Do Annulments Work
Getting an annulment essentially means getting the court to verify that you never had a marriage. This means that legally, you were never married to your spouse.
Everything that comes after that is handled much like a divorce would be. Whether there’s alimony to discuss, child custody, property division, etc. The judge will assist in making these decisions.
What Should I Do if I Have an Abusive Spouse
First and foremost, it is important that you ensure your safety and the safety of your children. If your spouse is abusive, there are steps that you can take.
One of the first things you can do is to secure a temporary protection order. This does not require your spouse to be present and can be done at any time so long as there is immediate danger of abuse.
Do not be afraid to file for divorce if you are in an abusive situation. Our attorneys are experienced in this area and will help you.
Will I Receive Spousal Support
Great question. Spousal support, or alimony, is required by the state of Tennessee to be paid when one party (spouse) is able to pay and the other is in need of support.
However, if the party seeking alimony does not have a need for it or their spouse cannot afford it, it shall not be awarded.
In some cases, pendente lite support (or “prior to the litigation” support) may be awarded on a temporary basis and typically lasts until the divorce is finalized. This can be also be modified prior to the divorce hearing.