Best Attorneys in Nashville
- How Long Does it Take to get Divorce?
- What is a Marital Dissolution Agreement?
- My Divorce is Uncontested, so can One Attorney Handle Our Case?
- What is the Process for Getting Divorced in Tennessee?
- The Basic Procedure for a Contested Divorce
- Can a Divorce be Granted if the Defendant’s Whereabouts are Unknown?
- Can I Date Someone Else While I go Through the Divorce?
- How Does the Court Determine who Will be the Primary Residential Parent (i.e. who Will Have Custody)?
- Must Child Support Still be Paid if We Have Agreed on Joint Custody? (Joint Custody Meaning Both Parents Have Equal Parenting Time)
- How is Alimony Determined?
How Long Does it Take to get Divorce?
What is a Marital Dissolution Agreement?
My Divorce is Uncontested, so can One Attorney Handle Our Case?
What is the Process for Getting Divorced in Tennessee?
The basic procedure for a divorce based on irreconcilable differences:
- Make an appointment to come in to begin the paperwork
- File for divorce with the court
- Prepare and sign Marital Dissolution Agreement
- Prepare a Permanent Parenting Plan if there are minor children
- Hearing in court to determine if the agreement meets Tennessee Law
- If the Judge agrees and approves then a Final Decree is entered
The Basic Procedure for a Contested Divorce
- Make an appointment to come in to being the paperwork
- File for divorce with the court
- Give notice of filing to the other spouse by service of process
- The other spouse files an Answer to the petition within 30 days
- Discovery: depositions, interrogatories, Request For Production of Documents and other fact finding
- Motions: depending on the facts of your case
- Final decree is issued that grants or denies the divorce and states the grounds relied upon if the court grants the divorce and the court divides the property and debts. If there is children then the court awards custody and visitation.
Can a Divorce be Granted if the Defendant’s Whereabouts are Unknown?
Can I Date Someone Else While I go Through the Divorce?
How Does the Court Determine who Will be the Primary Residential Parent (i.e. who Will Have Custody)?
The guiding factor for courts in custody determination is the best interest of the child. Tennessee law does not allow the court to consider the gender of the parent in awarding custody. In making an initial custody determination the court will consider all relevant factors including:
- The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent
- The parent’s ability to instruct, inspire, and encourage the child
- The strength, nature, and stability of the child’s relationship with each parent
- Any refusal to attend a court ordered parent education seminar
- The disposition of each parent to provide the child with food, clothing, medical care, and education
- The love, affection, and emotional ties existing between each parent and the child
- The degree to which a parent has been the primary caregiver
- The emotional needs and developmental level of the child
- The character and physical and emotional fitness of each parent
- The importance of continuity in the child’s life
- Evidence of abuse of the child or the other parent
- The preference of the child if older than 12 years of age
- Other factors that are relevant to the court
Must Child Support Still be Paid if We Have Agreed on Joint Custody? (Joint Custody Meaning Both Parents Have Equal Parenting Time)
In Tennessee child support still must be set according to the Tennessee Child Support Guidelines even if both parents have equal time with the children, so in other words yes child support will still be ordered by the judge.
How is Alimony Determined?
Tennessee has a specific statute that sets the guidelines for spousal support. Either party to the divorce may seek spousal support. The court may award support when it finds that one party is economically disadvantaged relative to the other spouse. Some factors that the court will consider in awarding alimony are:
- The earning capacity and resources of each party
- The education level and training of each party
- The length of the marriage
- Each party’s separate assets
- The division of marital property
- The ages of each party
- Need for the primary residential parent to stay home
- The standard of living of the couple during the marriage
- The relative fault of each party in the divorce
- Other contributions that each party has made to the marriage including tangible and intangible contributions
- Other factors that are necessary to consider the equities between the parties
- 1 Available by Videochat, Phone, or In-Person
- 2 Over 17 Years of Experience
- 3 Aggressive Representation
Fill out the contact form or call us at 615-417-7800 to schedule your consultation.