Family Law Attorneys in Sumner County

Tennessee has several legal grounds that a spouse can claim when filing for a divorce. One of the grounds is “cruel or inhumane treatment.” Cruel or inhumane treatment includes domestic violence. However, anyone who wishes to use legal grounds to file for a divorce should be aware this will result in a contested divorce. Unlike an uncontested or no-fault divorce that typically only takes approximately 60 to 90 days to complete, a contested divorce may take months or even longer to finalize. For this reason, you must consult with a family lawyer who can determine your best legal options.

Joint custody is the most common custody arrangement in Tennessee. Family courts feel that, in most cases, a child benefits from having routine contact and interaction with both parents. When parents share joint custody, both have the legal authority to make important life decisions for the child. These major life decisions may include religious upbringing and educational and medical decisions. Parents are encouraged to work together to make these decisions for the benefit and well-being of the child. However, in some instances where the parents cannot agree, the court may give the custodial parent the authority to make the final decision.

If an individual dies in Tennessee and does not leave a will, their children will receive an “intestate share” of the decedent’s property. The share of the decedent’s estate that each child receives depends on how many children the decedent had and whether or not they had a spouse. If the decedent were married, their spouse and children would share their portion of the estate equally. However, Tennessee law stipulates that the spouse’s share cannot be less than one-third of the estate. If the decedent were unmarried, their children would split the estate equally.

Tennessee law does not stipulate that a couple must be married for a specific amount of time for one spouse to receive spousal support. Instead, a judge will examine various factors to determine if spousal support should be awarded and, if so, for how long. Some of the factors the court will consider include each spouse’s financial situation, their earning capacity, and who is the custodial parent. The court will also consider the other spouse’s financial obligations and ability to pay alimony. In a majority of cases, a judge may order spousal support until the supported spouse has time to complete their education or training so they may re-enter the workforce.

When spouses cannot agree on the terms of their divorce, they may use mediation to try and reach an agreement rather than go through divorce litigation. During mediation, both parties sit down with a licensed mediator who helps the couple resolve their differences to reach a favorable settlement. The mediator does not take sides but instead helps to facilitate negotiations between the two parties. Although the spouses are not required to have a lawyer present during mediation proceedings, it is always in their best interest to do so to ensure their legal rights are protected. However, if the parties cannot reach an agreement, the case will have to go to court and be decided by a judge.