Tennessee Divorce Attorneys
Nashville, TN Divorce Lawyers Guiding Clients Through Complex Family Law Issues
If you’re ready to end your marriage, your first step should be to hire an experienced attorney who has handled divorce cases throughout Nashville. After all, family law is confusing for anyone who doesn’t have a law degree and experience taking on complex divorce cases.
Fortunately, we have you covered. The attorneys at Brighter Day℠ Law have the legal education and skills necessary to navigate contested and uncontested divorce cases in Nashville. If you need clarity on legal issues like child custody and property division, an attorney from our firm will give you the guidance you deserve. Contact our law firm to talk to a skilled lawyer about your case.
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What Are the Requirements for Divorce in Tennessee?
Before you get divorced, you must make sure you meet the requirements. The good news is that Tennessee’s requirements are straightforward and easy for most people to meet.
The main one is that you or your spouse must have lived in this state for at least six months before you file. If you can prove this, you can file your case immediately, since this state doesn’t require you and your spouse to live separately before filing. However, you must wait 60 days after filing to finalize the divorce, or 90 if you have minor children.
The next step is to determine if you’ll initiate a no-fault-based divorce or use one of the many grounds for divorce. This state allows you to choose either, so talk to your attorney about the right option.
There are two no-fault options. One is declaring irreconcilable differences. As long as you both agree that you’re divorcing due to marital issues you cannot overcome, this no-fault option is usually preferred since you don’t have to prove why you’re divorcing.
The other no-fault option is two years of separation with no minor children. This is another simple way to get divorced without proving specific grounds. If you and your spouse have lived separately for at least two years and do not share minor children, you can choose this reason for divorce.
It is also possible to choose from several grounds for divorce in this state, but you’ll have to meet specific requirements and show evidence of your claim. An attorney can help decide which option is in your best interest.
What Are the Grounds for Divorce?
If your spouse does not agree to divorce you, you have a contested divorce. This means you must initiate a fault-based option where you prove your grounds for divorce. Some of the grounds in this state include:
- Attempted murder
- A felony conviction
- Habitual drunkenness or drug abuse
- Malicious and willful desertion for at least one year
- Cruel and inhuman treatment
There are additional grounds for divorce that might fit your reason for wanting to legally end your marriage. Talk to a Nashville attorney at our law firm to learn the grounds that could apply to your case and how we’ll help prove them.
How Is Property Divided in Tennessee?
This is an equitable distribution state, so the property division process starts by determining which property is marital and which is separate. Your separate property is anything you already owned before you got married, as well as inheritances or gifts meant just for you. You get to keep all separate property.
Your marital property will be divided equitably, not necessarily equally. Marital property is anything you or your spouse acquired during the marriage. It often includes your marital home, bank accounts, cars, vacation homes, businesses, cash, retirement accounts, and stocks.
Your attorney will ensure you get an equitable share of the marital assets during your divorce. If you have questions or are unsure which assets you’ll likely end up with, call us for legal services from a caring Nashville attorney.
How Can a Divorce Attorney in Nashville, TN Help with Your Case?
At Brighter Day℠ Law, our attorneys have years of experience offering clients high-quality legal services in various practice areas. When you have a question about divorcing your spouse, you deserve to get legal advice from an attorney who has your best interest at heart and knows the Tennessee laws that could affect your case.
When you hire an attorney from our firm, you will get advice on everything from what grounds to choose to what to expect from the property division process. Your attorney will guide you through your case from start to finish, ensuring all paperwork is filed on time and all deadlines are met. If you’re ready to discuss your case with a skilled attorney, call our office at (615) 437-8808.
Frequently Asked Questions Faced by Brighter Day℠ Law’s Divorce Attorney
No. Irrespective of whether someone files for divorce on no-fault or at-fault grounds, the other spouse cannot contest such a filing, unless there is a problem with venue, jurisdiction, or there is a pending suit elsewhere. What they should do, however, is file responsive pleadings in a timely fashion to give the court the other side of the story. This is why you must speak with a Nashville divorce lawyer before filing for divorce or after receiving notice of divorce from your spouse’s attorneys.
Everything depends on the specifics of your case, but our divorce attorney will analyze your case to make sure your best interests are protected before, during, and after all divorce proceedings. This includes making you aware of behaviors to be avoided or taking care to preserve evidence that might be lost as the case progresses. When any divorce case is filed in Tennessee, an automatic statutory restraining order is issued which must be followed by each spouse. This restraining order covers many areas of the proceeding, such as maintaining existing insurance coverage, preventing an unnecessary increase in debt, and prohibiting moving or hiding assets. Your attorney will explain the import of this order in your first consultation and give you guidance to help you avoid other pitfalls that may damage your case.
Technically, it still constitutes adultery in Tennessee, which is a ground for divorce, to engage in post-petition romantic relations pending a divorce. Therefore, we advise clients to avoid one on one social gatherings when it could be construed as a romantic relationship. It is also important for a client to avoid bringing other adults that may be of a romantic interest around any children of the parties. In the event the case goes to trial because settlement negotiations were unsuccessful, the character and behavior of both parties will be scrutinized by the court, especially in cases where the custody of children are at issue.