Experienced Family Law Attorneys Assisting Clients in Middle Tennessee with Legal Issues Relating to Divorce

One of the most challenging decisions an individual may have to make involves filing for divorce. No one ever wants to think that they may one day have to go to court to end their marriage.

Be that as it may, often couples realize that their last option is to file for a divorce and go their separate ways. For this reason, anyone contemplating a divorce in Tennessee must hire divorce lawyers who can act as their legal advocates and protect their rights.

If you need legal assistance filing for a legal separation or divorce, contact our Hendersonville family law attorneys and ask to schedule a free consultation to discuss your case and learn the available legal options.

Does Tennessee Law Have Grounds for a Divorce?

Tennessee law takes a hybrid approach to its divorce laws. For example, if a couple mutually agrees to an uncontested divorce, all one party must do is cite irreconcilable differences. An uncontested divorce has many advantages, such as being completed much quicker than a contested divorce.

Nevertheless, if one party does not agree and a legal dispute arises, it becomes a contested or contested divorce. However, in a contested divorce, one party must provide proof of grounds.

Tennessee has several grounds for divorce, which include the following:

• Adultery

• Bigamy

• Domestic abuse

• Impotence or sterility

• Felony conviction

• Habitual alcohol or drug abuse

• Spouses with no minor children not residing in the same household for more than two years

• Willful abandonment for one year without sufficient reason

• The husband was unaware that the wife was pregnant with another’s child before the marriage

• Refusal of one spouse to move to Tennessee to be with the other spouse after living separately for two years

• Abandonment or refusal of one spouse to provide for the other spouse, even though they had the means to do so

• Failure to reconcile for two years after a decree of legal separate maintenance has been entered by the court

Suppose you are still trying to determine whether you must file a contested or uncontested divorce. In that case, you must immediately consult with a knowledgeable divorce and experienced family law attorney from Garner Law Firm, PLLC, who will work diligently to help you arrive at the most optimal conclusion.

What Type of Divorce Options Are Available in Middle Tennessee?

There are several different ways to obtain a divorce in Hendersonville, Tennessee. Of course, the option that anyone chooses must be right for their circumstances and meet specific legal criteria. 

The options for divorce in Tennessee include the following:

• Uncontested divorce: An uncontested or no-fault divorce is typically the most rapid and cost-efficient method for obtaining a divorce. In an uncontested divorce, both spouses agree to the divorce terms. However, Tennessee law stipulates that only couples who do not have minor children living at home, own property together, or share retirement benefits are eligible to file for an uncontested divorce

• Contested Divorce: Contested divorce or divorce litigation involves both parties going to court and allowing a judge to decide their legal family law issues. A contested divorce takes significantly more time and legal fees than other types of divorce. However, if a couple cannot amicably agree to the terms of a divorce, then divorce litigation may be the right choice

There are other legal alternatives that couples can utilize to avoid going to family law court, which include the following:

• Divorce mediation: Divorce mediation is a viable option for couples who cannot agree on all the terms of their divorce but wish to save money by settling their family law matters out of court. A third-party mediator meets with the couple and helps them resolve their differences, saving them the time and expenses of going to court. Although divorce mediation can be accomplished without the help of an attorney, it is always smart for an individual to have legal representation to ensure their legal rights and best interests are protected

• Collaborative divorce: In a collaborative divorce, both spouses and their attorneys meet with one another outside of court to resolve their differences. Each party signs an agreement stating they negotiated with one another to settle their issues, potentially saving time and money

How is Marital Property Divided in Tennessee Divorce Proceedings?

Tennessee is an equitable division state. However, equitable division does not necessarily mean that property is divided “equally” between the two parties. Instead, state law provides that property should be divided fairly and reasonably. However, “marital property” does not consist of any gifts, inheritances, or real or personal property owned before the marriage.

Tennessee law stipulates that a couple may work out the division of property themselves or with the court’s help. 

There are several factors the court will examine when trying to determine how marital property should be divided, which include the following:

• The length of the marriage

• The age of each spouse

• The mental and physical health of each spouse

• Each spouse’s contributions to marriage, including contributions made by homemakers

• The financial debts and financial needs of each spouse

• The skills and potential earning capacities of each spouse

In high-asset divorce cases, you need a family law attorney with extensive experience who can thoroughly review financial statements and other legal documents to help you obtain a settlement that adequately satisfies your needs.

To ensure you receive a fair judgment, you must have a well-trained divorce attorney like Garner Law Firm, PLLC, who will represent your well-being and keep you regularly informed about the status of your case.

What Other Practice Areas Relating to Divorce Matters Does Our Family Law Firm Represent?

Divorce matters encompass a large range of legal issues because of the complex nature of the dissolution of marriage. When going through a divorce in Tennessee, you want legal representation well-versed in all the practice areas related to divorce proceedings.

Our law office has extensive combined experience representing clients in complicated divorce legal matters in and around Hendersonville, Tennessee. To learn more about the benefits of retaining our legal services throughout the divorce process, please contact us to schedule your free initial consultation with our legal team today.

Child Custody Arrangements

Child custody agreements and the associated legal disputes are among the most hotly contested family law issues that ever enter Tennessee courtrooms. In the most ideal circumstances, you and the other parent will be able to agree on all the key factors related to your child support arrangement, including questions of joint custody, sole custody, parenting time, and more. However, things are rarely ever so simple. If you and the other parent cannot agree on terms in your child custody case, our law firm can provide valuable legal assistance.

Child Support and Spousal Support Orders

If you are the lawful parent of a child, you are obligated to provide financial support for that child’s essential needs as they grow older in the years following a divorce. Child support orders are often a subject of disagreement between the two parents, with one parent asking for more support than the other parent is willing to provide. In such instances, our legal team can help you arrive at the most favorable outcome possible.

In addition to child support obligations, alimony or spousal support may be ordered following a divorce. Though spousal support is not ordered in all divorce cases, it is especially common in high-asset divorces and cases involving long-term marriages. The courts will also use other factors to determine the necessity for spousal support. Contact us for legal assistance.

Fathers’ Rights

Our divorce attorneys provide dedicated legal guidance to married and unmarried fathers through the end of a marital union or domestic partnership. While no state laws explicitly favor mothers over fathers during child custody disputes, the statistics often show a bias against men in divorce cases.

Our legal team will advocate for the father’s rights in the divorce process while ensuring that they fulfill their parental responsibilities. To learn more about the difference in parental rights for married or unmarried fathers in Tennessee, please contact us to request a free, no-obligation case evaluation.

Divorce Cases Involving Domestic Violence

While most divorce cases would benefit from cooperation, mediation, or uncontested divorce proceedings, sometimes things are not ideal. For example, in cases of neglect, abandonment, or domestic abuse, it would be unfair to ask the victim to cooperate with the other spouse in attempts to arrive at a favorable divorce settlement.

Our divorce attorney Hendersonville TN has experience representing clients in complex cases involving a history of domestic violence, and our experienced attorneys are here to represent your rights throughout the legal process.

Schedule a Free Consultation with a Divorce Attorney Hendersonville TN

If you are considering divorce proceedings, you need lawyers to fight for your rights and act as legal advocates. Garner Law Firm, PLLC, of Sumner County, is dedicated to helping clients navigate the complex legal system and helping them begin the next chapter of their lives.

Our divorce lawyers recognize that going through a divorce can be one of the most challenging events you may ever have to endure. However, having experienced attorneys who can offer you advice can help you feel confident that your future will be protected.

Our divorce lawyers have experience handling LGBTQ divorce issues and assisting individuals who have been separated for a considerable amount of time in filing for divorce. Contact Garner Law Firm, PLLC, in Hendersonville, TN, and ask to schedule a free case review to discuss your unique divorce case.