Divorce Lawyers Columbia, TN
No one walks down the aisle on their wedding day expecting the relationship to break down, so it can be overwhelming to think about going through divorce. The Tennessee statute on grounds for divorce is relatively flexible to cover all types of situations, including no-fault divorce. However, there is much more to the process, and the parties will need to address a range of factors to wind down their relationship from a legal standpoint. Plus, the rights and responsibilities of parents continue beyond divorce, so issues related to minor children will be a focal point in the proceedings.
Tennessee divorce laws can be complicated, but there are multiple strategies for resolving them. Our Columbia divorce attorneys at Fort, Holloway, & Rogers, LLC will guide you through the proceedings and help you make informed decisions regarding your future. Please contact us to set up a consultation with divorce attorneys in Columbia, Tennessee, who can explain specifics and check out some basics about the process.
What Are the Grounds for Divorce in TN?
In Tennessee, a no-fault divorce is the most common type. It happens when both parties consent that the union is broken and beyond repair, which eliminates the need for either party to prove wrongdoing. It can also apply if the parties have lived separately for two years and have no minor children. Couples with children must agree upon all terms — such as alimony, child visitation and property division — in advance for this type.
A fault-based divorce occurs when one spouse can prove that the other’s actions caused the marriage to break down. Examples of grounds for fault-based divorce include adultery, cruel and inhuman treatment, bigamy, and conviction of a felony and imprisonment.
A Columbia, Tennessee, divorce attorney can help determine the appropriate divorce grounds for your situation.
How Does the Columbia, TN, Divorce Process Work?
An experienced divorce attorney in Columbia, Tennessee, can guide you through the process steps, which generally include:
- Filing the petition.
- Serving the other spouse.
- Honoring the waiting period, which may include attempts to settle or mediate (90 days if there are minor children and 60 days for no minor children).
- Negotiating and discovery.
- Abiding by temporary orders (if applicable).
- Settling or going to trial.
- Holding a final hearing and signing the decree.
- Handling post-divorce issues.
What Are the Key Issues in Columbia Divorce Cases?
While the divorce process will vary according to your circumstances, there are generally three issues that the parties must address.
How Is Property Divided in Tennessee Divorces?
State law requires an equitable distribution of all property acquired and debts incurred during the marriage.
Will I Receive or Pay Alimony in My Divorce?
When divorce will result in a significant financial disparity between the parties, a court may award support to the lower earning spouse. There are different types of alimony in Tennessee to suit various situations.
How Are Child Custody and Support Determined?
Divorcing parties are still parents, so you must address child custody, visitation, and support. The child’s best interests are paramount when the court makes decisions on these issues.
In addition, keep in mind that disputes or events can arise post-divorce. Even after the case concludes, you may need to address enforcement, parental relocation and modifications to the court’s order.
What Are My Options for Resolving My Divorce?
Our Columbia, Tennessee, divorce lawyers can help you understand each divorce option and how it may or may not apply to your situation:
- Uncontested divorce: This process is typically the fastest and least expensive method. Both spouses agree on all significant issues, such as alimony, child support and property division, and enter into a formalized dissolution arrangement and submit it to the court for approval.
- Mediation and collaborative divorce: Both parties present their case to a neutral third-party mediator who helps to resolve disputes via negotiation. This option must be attempted prior to pursuing litigation, with only rare exceptions.
- Contested divorce and litigation: If mediation and negotiation are unsuccessful, the case proceeds to trial, and a judge makes the final decision.
Frequently Asked Questions About Divorce in TN
Review the answers to these frequently asked questions to learn about divorce in Tennessee and its potential implications.
What is the wife entitled to in a divorce in Columbia, TN?
Tennessee law does not make gender distinctions regarding the outcome of divorce cases. Instead, the court intends to ensure that both spouses experience a fair and equitable outcome. Depending on the circumstances, either spouse may be entitled to an equitable distribution of assets, alimony, child custody and support, retirement benefits and attorney’s fees.
Who pays for a divorce in Columbia, TN?
In most cases, each spouse is responsible for their own divorce-related expenses, such as legal fees and court costs. However, the court has the authority to order one spouse to contribute to the other’s costs to maintain fairness. A spouse can also request temporary alimony or child support payments to help cover legal and living costs as the divorce case proceeds.
How long do you have to be separated in Columbia, TN, to get a divorce?
Tennessee does not have a designated separation period before getting a divorce. A mandatory two-year waiting period does apply for people who use living apart as the only divorce grounds if the couple has no minor children. There’s also a waiting period after filing for divorce before it can be finalized.
Why Trust Us?
Fort, Holloway, & Rogers, LLC offers highly personalized legal services tailored to the unique needs of each client. This strategic approach to legal representation enables our divorce lawyers in Columbia, Tennessee, to address your most prominent concerns during your divorce proceedings, giving you peace of mind.
Our accomplished legal staff consists of experienced attorneys and paralegals who work together as an organized, polished team to serve our clients’ best interests. If your divorce case goes to trial, our strong courtroom ability increases the likelihood of a successful outcome.
Contact Our Columbia, TN Divorce Attorneys Today
Is the prospect of a divorce impacting your life in Columbia, Tennessee? The knowledgeable legal professionals at Fort, Holloway, & Rogers, LLC are ready to guide you through these challenging times and remove the burden from your shoulders. Call our Columbia office at 931-914-3174 or contact us online to request additional information or schedule a consultation today.
