We know divorce is a terrible thing to go through, but without an attorney to help you navigate the complicated and challenging legal regulations, it will be that much harder for you. You need professional attorneys that have your best interest in mind.
Brunelle | Conklin can help you navigate the legal issues of divorce and will always fight for the best outcome you can receive.
A Petition for Divorce must declare the appropriate Tennessee grounds upon which the divorce is being sought. It can be one in which the parties agree, or that which the filing spouse desires to prove to the court. Most commonly, divorces are referred to as either uncontested (meaning the parties agree to the terms of the divorce) or contested. (meaning the parties cannot agree to all terms)
Where to File for Divorce
The proper Count and Court in which a divorce should be filed must comply with law and is usually based upon the residences of the parties. In some cases, it is filed where the parties last resided together, or where the parties were married. Different rules apply to military personnel in active duty.
Alternatives to Divorce
A legal separation in Tennessee requires the same legal process as a divorce in all aspects, while allowing the parties to remain “married” for a period of time for other legal and sometimes moral/religious reasons. While Tennessee provides laws governing annulments, the circumstances under which an annulment may be granted are much more limited than what most individuals believe.
You will need to determine how the divorce will be categorized: “fault,” “no fault,” or, if there are no children involved, “summary”. If you have children then custody and child support paperwork will need to be completed. You should seek legal consultation before filling out papers. Divorce attorneys can help you fill these out and this is in your best interest in order to preserve your property.
Divorces with or without Children
If children were born to either of the spouses during the marriage or shortly before, all issues regarding custody, visitation, financial support, and daily needs must be decided before a divorce will usually be granted. Tennessee law is very particular about what can and cannot be agreed upon when it comes to children. Therefore, even an agreed (uncontested divorce) with children must be on file for at least 90 days.
Division of Property
In Tennessee, most all assets that have been accumulated by either party during the marriage are considered martial property, subject to division in a divorce. Sometimes, even separate assets may become marital property. As a result, it is very important to seek knowledgeable advice when it comes to how certain property may or may not be divided and what can be done to protect them.
If both parties can come to an agreement through mediation then long and often times stressful court proceedings can be avoided. Some states require mediation before the case goes before a court.
Once papers are filed your spouse must be served these papers. Options for this include:
Alimony and support are meant to decrease the negative economic impact divorces can cause. The amount of alimony depends on several factors such as: