Top 7 Questions about Divorce in Tennessee

Going through a divorce is almost always an emotionally challenging time. Your entire world has been up-ended and you most likely lay awake with endless questions swirling around in your head. Being informed about the process and having a basic idea about what is going to happen can help put your mind at ease. Sitting down and having a conversation with an experienced divorce attorney is really the best way to get clarity about your specific case and get answers to your unique questions. For now, here are some answers to some of the questions that you might have about property division, child custody, and spousal and child support in Tennessee.

Q: Am I required to hire an attorney for my divorce?

A: You are not legally required to hire an attorney for your divorce; however, if your spouse is hiring a lawyer you might also want legal representation, guidance and advice so that you do not get taken advantage of. A divorce attorney will protect your interests and make sure you get everything you deserve.  An attorney cannot represent both sides of a divorce under the ethics rules.

Q: What are grounds for divorce?

A: Grounds for divorce is no longer required now that no-fault divorce is available in every state. In Tennessee you can file a no-fault divorce by stating that you and your spouse have irreconcilable differences and you have decided to end your marriage. However, there are 14 other grounds under which you can file for a divorce in Tennessee, if your spouse will not agree to the divorce.

Q: How long will the divorce process last?

A: There is a statutory waiting period of 60 days after filing for an uncontested divorce with no minor children involved. The waiting period is 90 days if the couple has children under 18. Most divorces will be resolved within a year, but the more complex divorces with significant assets and contentious spouses can last more than a year.

Q: What is legal separation? Must we be legally separated before we get divorced?

A: A legal separation allows both spouses to live apart, to arrange for child and spousal support and the division of property, but the couple remains legally married. The process is the same and the cost is the same as for a divorce. If after two years of living apart the couple can convert their separation agreement into a divorce. Conversely, they can also remarry if they decide to reconcile.

Q: How will our property be divided?

A: Property division is a complex topic which we will summarize here. Tennessee follows the equitable distribution model of marital asset division, which means that the court attempts to divide the property fairly between the parties even if that does not amount to a half and half split down the middle as you would find in community property states.

Q: Who will get custody of the children?

A: The court will decide which parent will be the primary residential parent of the children and which parent will have parenting time. Both parents usually share physical and legal custody of the children, but the court makes these decisions based on a list of criteria while keeping the best interest of the child in the forefront.

Q: Will I receive alimony?

A: Alimony or spousal support, which is sometimes called spousal maintenance, is another issue that is at the discretion of the court. The judge will take a list of factors into consideration and then make a ruling as to whether or not one of the spouses will receive support, how much and for how long.

These are just a few of the questions you might have about divorce. When you work with an experienced divorce attorney, they will keep you informed about the progress of your case and be a strong advocate for your interests in the adversarial environment of divorce court.

Contact LaFevor & Slaughter to schedule your free, initial consultation today to discuss your divorce case today.