Our team of divorce attorneys understand divorce is a very overwhelming, complicated and emotional event for you and your family. You can remain confident our team of attorneys understand the divorce process and will provide sound, compassionate advice from day one of meeting you.Contested v. Uncontested Divorces in Tennessee:
There are two types of divorces in Tennessee. The first kind is an uncontested divorce. An uncontested divorce means both parties agree on everything and our lawyers draft a Marital Dissolution Agreement and Permanent Parenting Plan, if there are children involved. The grounds for an uncontested divorce are irreconcilable differences. If you and your spouse cannot agree, such as on the division of marital property (401K accounts, retirements, pensions, personal property), spousal support and alimony, child visitation, custody, and child support, among other decisions, then you must prove grounds for divorce. Most of the time, Tennessee courts will require mediation prior to obtaining a trial date for the matter. Our team of family lawyers provide years of experience in the local area to help negotiate on your behalf, guide you through the process, fight for you in the courtroom, and inform you of the current Tennessee law and common practices among the local courts.
Under T.C.A. § 36-4-101, Tennessee law recognizes the following grounds for divorce, to summarize:
- Irreconcilable differences between the parties;
- Cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper;
- Living apart for two years with no minor children;
- At the time of marriage, either party was and still is naturally impotent (sterile) and incapable of procreation;
- Bigamy, either party has knowingly entered into a second marriage;
- Willful or malicious desertion or absence, without a reasonable cause, for one year;
- Convicted of any crime that, by the laws of the state, renders the party infamous;
- Convicted of a felony, and sentenced to confinement in the penitentiary;
- Refusal to move to Tennessee with your spouse, without a reasonable cause, and being willfully absent from the spouse for two years;
- Wife was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
- Habitual drunkenness or abuse of narcotic drugs, when the spouse has developed the habit after marriage;
- The husband or wife has offered indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
- Abandonment for no just cause, and refusal and neglect to provide for the spouse while having the ability to provide; and
- Spouse has attempted the life of the other, by poison or any other means showing malice;
When going through a divorce, parties often wonder how their property will be distributed. Often, parties are able to agree on the disposition of all of their marital property, including real and personal property. If unable to agree, Tennessee courts must first determine what is marital property and what is considered separate property. The court then makes an equitable division of the marital estate. Courts consider various factors when making equitable divisions of marital property and our attorneys are knowledgeable to advise you on these factors and help you prepare.Marital v. Separate Property
Generally, marital property is property acquired by either or both spouses during marriage up to the final divorce hearing and owned by either or both spouses at the time of filing the complaint. Separate property, among other assets, includes all real and personal property owned by a spouse before marriage.
Tennessee law has statutory factors and requirements defining what is considered marital and what is considered separate property. It is important to understand that separate property can become marital if the property is commingled. Our team of divorce lawyers are knowledgeable on the statutory factors and are equipped to help you determine what is marital v. separate property to ensure you obtain the property that is rightfully yours.
Our Goodlettsville divorce lawyers are experienced and knowledgeable of the statutory requirements and grounds for divorce in Tennessee. Our team of attorneys work hand-in-hand with you to strategize and gather the necessary evidence to obtain the results you desire. Call one of our family law attorneys today (615) 859-1328 to get started on your case.