Divorce

Nashville Divorce Attorneys

Assisting Clients with Dedicated Legal Services in Family Law Matters Throughout Middle Tennessee

Nobody enters a marriage with the expectation that it will end in a divorce someday. We build our lives together, have children, and intertwine our families and interests. The last thing we are likely thinking about is ending our marital unions before their time. However, there may be certain irreconcilable differences between the married parties, and, despite the life they’ve built together, it may be time to consider putting an end to things and starting over separately.

The decision to file for divorce from your spouse should never be taken lightly, especially if the two of you are parents with minor children. Depending on the particulars, though, filing for divorce may be the last wise choice you can make to look after your needs and the needs of your family members.

Navigating the legal process of divorce can be challenging, but it’s important to remember that you need not enter a family law court on your own. Our experienced divorce attorneys in Nashville can look after your specific needs throughout the divorce proceedings while reminding you of your rights and responsibilities when seeking alimony, child support, divorce settlement, and joint or sole custody.

As your family law attorneys, we will attempt to find some justice in the divorce settlement so that you can arrive at the most favorable outcome possible, hopefully without causing undue conflict or making matters worse with the other spouse. Our Nashville divorce lawyers will explore all potential legal options, including mediation or an annulment, to help you through this difficult time. To learn more about the benefits of retaining our professional legal counsel through this challenging time, please contact us to schedule your initial consultation with our legal staff today.

What Are Acceptable Grounds for Divorce in Nashville, TN?

Tennessee does allow for a no-fault divorce, in which case the divorcing parties need only establish irreconcilable differences as the reason why their marriage cannot continue. By establishing irreconcilable differences, you can proceed with an uncontested or collaborative divorce, often the most straightforward, fastest, and cheapest way of getting divorced in Tennessee.

Should the divorcing spouses not agree on the terms of their divorce case, at least one party must establish valid grounds for divorce.

Examples of acceptable grounds for a fault-based divorce include the following:

  • Adultery
  • Both parties have lived in separate residences and have not cohabited as marital partners for a length of at least two years, and they have no minor children between them
  • Criminal conviction that, by state law, renders the convict infamous
  • Cruel and inhuman treatment or conduct towards the spouse or their children that renders cohabitation unsafe or improper
  • Either party enters a second marriage in violation of their previous marriage
  • Either spouse was, at the time of the marriage, naturally impotent and incapable of procreation
  • Felony criminal conviction that results in a prison sentence
  • Forced to live in indignity, indecency, and intolerable living conditions by the other spouse
  • Intentional attempts on the life of the other spouse, either by poison or by other malicious means
  • Substance abuse issues involving alcohol or narcotic drugs
  • The abandonment or forcing out of the other spouse from the living residence without just cause
  • The woman was pregnant at the time of her wedding vows, but the father of the child was not her husband, and the husband was unaware of this
  • Willful or malicious abandonment, desertion, or absence without reasonable cause for at least one year

What is the Difference Between a Contested and an Uncontested Divorce?

Tennessee has two primary types of divorces: contested and uncontested divorce cases.

If the spouses cannot amicably agree on any single or multiple issues concerning their divorce proceedings, that case will be considered contested. A contested divorce can quickly become a high-conflict divorce with little warning. In a contested divorce, the parties must go to court to resolve their issues. A family law judge must help determine asset division, child custody, alimony, etc. Additionally, divorcing spouses are more likely to require professional legal representation from an experienced attorney when going through a contested divorce.

Uncontested divorce cases are also sometimes referred to as irreconcilable differences divorces. In these circumstances, the spouses agree to the terms of divorce and the grounds of irreconcilable differences. For this type of divorce case to proceed, the spouses must agree on every aspect of the divorce, including sole or joint custody, property division, and more. If there is a single issue where the spouses disagree, the uncontested divorce will become contested.

Uncontested divorce cases are typically faster to resolve, cheaper for both parties, and have the potential to allow the divorcing spouses to maintain better terms after the divorce is finalized.

What Family Law Issues and Practice Areas Are Affected by Divorce Proceedings?

Our legal team has extensive experience assisting clients in and out of the courtroom with complex family law matters related to divorce proceedings.

Family law practice areas we represent include, but are not limited to, the following:

  • Adoption
  • Alimony agreements, which are sometimes referred to as spousal support or spousal maintenance
  • Amicable uncontested divorce proceedings and high-conflict contested divorce litigation
  • Annulments
  • Child custody disputes, including arguments over joint or sole custody
  • Divorce eligibility concerns
  • Domestic violence and orders of protection
  • Equitable distribution laws and how they relate to property division in a divorce settlement
  • Fathers’ rights and grandparents’ rights
  • High-asset divorce cases, which often involve complex asset divisions
  • Legal separations
  • LGBTQ family law issues
  • Mediation and collaborative law
  • Military divorce
  • Post-divorce enforcement
  • Post-divorce modifications
  • Prenuptial and postnuptial marital agreements
  • Visitation rights and parenting plans
  • And more

What is an Annulment?

You may be able to get an annulment under certain circumstances. An annulment declares the marriage null and void as though it never happened in the first place. In contrast, a divorce dissolves the legal marital union and recognizes that at least a marriage occurred.

Tennessee’s statutes for marriage annulments are general, leaving the courts with much discretion to determine whether to declare a marriage null and void. Tennessee family law courts may grant an annulment when either party was underage at the time of marriage, either spouse is judged to be insane, the parties are closely related by blood, either party lacked mental capacity to consent to marriage, or the marriage proceeded under duress, force, or fraud.

Once the marriage is annulled, the two parties will be free to marry again in the future. It is noteworthy that neither spouse can request alimony payments after an annulment. If any children were due to the marriage, the courts would treat the children as though the parties were legally married and sort out the legal obligations of child support from there.

How Does Property Division Work in Tennessee Divorce Cases?

Tennessee believes in the equitable distribution doctrine for dividing marital assets in divorce proceedings. Equitable distribution laws are subjective, and it is often up to the judge and the attorneys working together to negotiate a divorce settlement that provides both spouses with their fair share.

Not all property is subject to equitable division in Tennessee. In all divorce cases, it is necessary to properly distinguish between marital property and separate property, which can be a complex process. Generally, property acquired during the marriage is subject to equitable division. However, the rule has certain exceptions, such as property purchased with separate property assets, personal injury awards, and property acquired by one spouse as a gift or an inheritance.

Pre- or post-nuptial agreements can also alter equitable distribution rules.

Do You Need Legal Assistance from Fathers’ Rights Divorce Attorneys?

In the late 1990s, Tennessee determined that the gender of the parent should not help or hurt their pursuit of primary custody of their children. While these changes provide Tennessee fathers with significant strides in equal rights when seeking child custody or visitation rights, there are still statistics that show mothers are the primary residential caregivers of their children more than fathers.

Our Nashville divorce attorneys proudly advocate for fathers’ legal rights in divorce proceedings. Suppose you are a father considering filing for divorce or petitioning for child custody. In that case, you need to work with experienced Tennessee lawyers who can remind you of your rights and responsibilities concerning family legal matters.

Contact Our Family Law Firm to Schedule a Consultation with Our Compassionate Nashville Divorce Lawyers Today

If you are facing a legal dispute relating to divorce proceedings, child custody, child support, or other related legal matters, you must work with an experienced family law attorney who can look after your interests throughout the legal process. There are many rights and responsibilities divorcing spouses and parents must be aware of, including the legal obligation to provide financial support to minor children by paying the other parent child support payments, the impact of mediation or domestic violence on child custody, alimony, and other concerns.

Nashville divorce lawyers have the legal experience necessary to help you throughout your divorce in hopes of securing the most favorable outcome possible for you and your loved ones.

To speak with our attorneys about your family law case, please contact us to schedule your in-depth, no-obligation case evaluation with our legal team today. You can contact our Nashville office at 615-616-6775