Nashville Divorce Attorney
Chances are, if you are reading this page, you are either going through a divorce or at least contemplating your options for ending your marriage. We understand that this is likely an enormously difficult time for you and your family, and that you did not arrive at the decision to consider divorce without first trying many other alternatives.
Unfortunately, many marriages end in divorce proceedings in Nashville, Tennessee. While we might have hoped that our marriage would have stood the test of time, sometimes we can never be sure what the future holds.
Individuals going through the divorce process in Middle Tennessee need to know that help is available, and they do not have to proceed alone. We represent people in various family law matters, including the complexities of different types of divorce proceedings. Whatever your circumstances, our lawyers are here to represent your best interests in and out of court in pursuit of the most favorable outcome possible.
Please contact our Nashville office to schedule your free initial consultation today. This will allow you to discuss your options for a Tennessee divorce and better understand the benefits of retaining our legal representation.
What Are Some Basic Requirements for Divorces in Davidson County, Tennessee?
Specific legal requirements must be met for parties to seek a divorce in Nashville, Tennessee.
To begin the divorce process, at least one of the divorcing spouses must have lived in Tennessee for at least six months before filing. There may be certain exceptions to this rule, such as divorce cases involving domestic violence, wherein the abused spouse can file right away and need not wait six months. Suppose the cause of the divorce occurred while you were living in another state. In that case, the spouse who initiates the divorce must have been a legal resident of Tennessee.
Please get in touch with our Nashville law office to ensure that you and your spouse meet the basic criteria for filing for divorce in Davidson County, TN. Our Nashville divorce attorneys will review the facts of your case and help you determine your eligibility to file for divorce in Tennessee.
What Are Acceptable Grounds for Divorce in Nashville, TN?
Tennessee law recognizes both fault-based and no-fault divorce cases. In a no-fault divorce, the divorcing spouses need only establish irreconcilable differences that prevent the marriage from continuing. Not everyone is eligible to file for a no-fault divorce in Tennessee, and they may be forced to file for divorce on fault-based grounds.
Examples of valid grounds for divorce in Nashville, Tennessee, include the following:
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Abandonment or desertion of the family unit for a certain length of time
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Bigamy
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Adultery
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Impotence at the time of marriage
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A separate living arrangement that has persisted for at least two years (provided they do not have minor children)
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Habitual drug or alcohol abuse
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Pregnancy at the time of marriage without the husband’s knowledge
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A refusal to move to Tennessee with the spouse without reasonable cause for at least two years
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Inappropriate marital conduct and cruel or inhumane treatment
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A felony conviction that renders the spouse infamous
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Lengthy confinement in prison
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Deliberate attempted murder of the spouse
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Causing such unforgivable indignities that it makes the other spouse’s life intolerable
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Kicking the spouse out of the family home without cause
What is the Difference Between Contested and Uncontested Divorces?
Not all divorce cases are exactly alike. In ideal circumstances, the spouses agree on all critical factors relevant to the divorce resolution, such as physical and legal custody, child support and alimony, and property division.
When divorcing spouses can agree on these and other key factors, they may be able to proceed with an uncontested divorce, which is typically much easier to resolve, costs less money, and helps avoid unnecessary conflict.
Things are rarely ever so simple, however. If the divorcing couple cannot agree on all the central elements of the divorce settlement, they may head towards a contested divorce. In contested divorce proceedings, the case usually goes to court, where a family law judge will determine the case’s outcome. Contested divorces are typically more costly and time-consuming and can sometimes bring out the worst in all parties involved.
While you would benefit from the professional legal counsel of experienced attorneys regardless of what sort of divorce you are going through, divorce cases that involve more conflict and complexities have an exceptionally high demand for the help of family lawyers.
To ensure your rights are protected throughout the divorce proceedings and your specific goals are being met, please contact our Nashville office to discuss your case with our family law attorneys today.
Do You and Your Spouse Qualify to Get an Annulment?
It’s important to understand that annulments are not shortcuts to achieving a divorce. Instead, an annulment declares the marriage null and void, dissolving it entirely as if it never happened in the first place.
State statutes for marriage annulment are relatively vague, allowing the courts to make decisions somewhat at their own discretion.
Marriages may be annulled in the following circumstances:
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Either spouse was underage at the time of marriage
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At least one of the spouses lacks mental capacity
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The marriage began under duress, and an act of fraud, or by force
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It’s been proven that the spouses are closely related by blood
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Either party is judged to be insane
Spouses are not allowed to request alimony after receiving an annulment. Any children born into the marriage will be considered legitimate as though the parties had been legally married, even if the marriage is annulled.
Annulments differ significantly from divorces in both legal effect and procedure. While a divorce acknowledges that a valid marriage existed and formally ends it, an annulment treats the marriage as if it never legally existed. This distinction can impact issues such as property division, spousal support, and inheritance rights.
Because annulments are relatively rare and subject to strict criteria, it is crucial to consult with an experienced divorce lawyer Nashville residents trust to evaluate whether your situation qualifies for annulment. Our attorneys can guide you through the legal process, explain your rights, and help you make informed decisions.
Additionally, the annulment process can vary depending on the specific grounds alleged and the evidence available. Courts may require proof through documentation or testimony, and the outcome is ultimately at the discretion of the judge.
If you believe your marriage qualifies for annulment or if you are uncertain about the best legal path forward, contact our Nashville family law office for a free consultation. We are here to provide compassionate and knowledgeable assistance tailored to your unique circumstances.
How is Marital Property Divided in the Divorce Process?
Tennessee law imposes an equitable distribution doctrine regarding dividing marital property in Nashville divorces. The equitable distribution process does not necessarily imply that marital property will be split right down the middle.
Rather, the law hopes to see the property divided in a manner that a family law judge believes to be fair and equitable. Many factors will be considered when deciding how to divide property, such as contributions to the marriage, each spouse’s earning capacity, standards of living, and more.
Even in divorce cases where the estates are relatively small and the facts appear reasonably straightforward, the asset division process can quickly become overly complicated. For example, suppose a significant amount of real estate property, highly valued assets, or business interests are involved. In that case, the property division process can become complex very quickly.
Our legal team can help you fight for the property division settlement you believe you deserve and require. Contact us to schedule your free, no-obligation case evaluation today.
Does Your Divorce Case Involve a Child Custody Legal Dispute?
There are several different types of child custody in Tennessee. Legal custody refers to the authority of the parents to make important life decisions for their minor children. Physical custody relates to where the child resides and the daily housing, food, and other care they require.
Additionally, the courts can award custody to one parent or both parents. The courts typically favor joint custody arrangements, where the parents split their parental duties between themselves. However, there are some valid causes for sole custody arrangements, such as previous instances of child abuse or neglect.
If you believe the other parent is not well-suited to be a dependable caregiver for your children, our legal team can help you make a compelling argument for why you should receive sole custody. Additionally, our legal services include assisting parents in developing permanent parenting plans that help support the child’s daily well-being while fostering healthy bonds and protecting parental rights.
Do You Have a Legal Obligation to Provide Child Support for Minor Children After a Divorce?
If you are determined to be the legal parent of a minor child, you will be legally obligated to provide financial support to assist in raising that child until they reach a certain age. In some child support cases, the non-custodial parent will attempt to argue legal paternity, thus bringing child support obligations into question.
In more common cases, we frequently see parents negotiating for more favorable child support terms, either arguing for more or less in terms of court-ordered payments.
As your experienced divorce lawyers, we can help you understand child support calculations, how to enforce child support orders, the risks of violating those orders, and the possibility of requesting modifications in instances of significant changes of circumstances.
Schedule a Free Consultation with a Compassionate Divorce Lawyer Nashville Today
Virtually all individuals going through divorce proceedings would benefit from retaining the empathetic legal services of our Nashville divorce attorneys. We pride ourselves on being compassionate, communicative, and fully competent, so you can rest assured that you have chosen the proper legal representation for your divorce case.
Our law firm offers free consultations to prospective new clients interested in retaining our professional legal representation. We believe that after you speak with our legal team, you will feel confident in our ability to represent your rights and advocate for your goals throughout the legal process.
Please contact our Nashville family law attorneys to discuss your case in more detail during your free consultation today. During this consultation, we will review your specific needs and circumstances, answer any questions you may have, and provide clear guidance on the best steps to take moving forward. Whether your case involves contested or uncontested divorce, child custody, child support, alimony, or property division, our dedicated team is here to assist you.
We understand that family law matters can be emotionally and financially challenging; therefore, we strive to offer compassionate representation tailored to your unique situation. Our attorneys are well-versed in alternative dispute resolution methods, such as mediation, to help you reach workable agreements that prioritize your family’s well-being and minimize conflict.
Scheduling a consultation with our office today is the first step toward gaining control over your legal situation and securing the justice and resolution you deserve. Let us provide you with the resources and support necessary to navigate the complexities of Tennessee family law confidently.
