Franklin Divorce Attorney
Tennessee law provides many different grounds for divorce, including no-fault divorce. But getting a divorce does more than just dissolve a marriage; court orders in a Tennessee divorce define the rights of the parties regarding who gets the house and the division of other marital property, who is responsible for the marital debt, which parent the kids will live with and when, the amount of child support and who pays it, and whether alimony will be paid, how much and for how long.
- Child Custody
- Child Support
- Divorce Enforcement
- High-Asset Divorce
- Property Division
- Post-Divorce Modifications
The issues decided in a divorce have both immediate and lasting consequences on the parties’ finances and living situations, and that impact will be felt for years to come. It’s vital to your future to get high-quality legal advice and representation in your divorce for a positive outcome that meets your needs and goals. The Franklin divorce attorneys at Fort, Holloway, & Rogers have decades of combined experience advising and representing clients in Williamson County divorces. We take a strategic approach tailored to your needs. Our attorneys are skilled and experienced in handling complex and high-asset divorce cases and can work to resolve the matter in the manner that best fits the dynamics of your unique situation, from negotiating and drafting a marital asset agreement and parenting plan, to shepherding your divorce through mediation, to providing aggressive and effective advocacy in the courtroom. Call us for a consultation on your pending divorce.
What Are the Grounds for Divorce in Tennessee?
All of the following can provide grounds for divorce in Tennessee:
- Impotence or infertility
- Desertion, Abandonment
- Conviction of an infamous crime or being sentenced to prison for a felony
- Attempted murder of a spouse
- Wife is pregnant by another man at the time of the marriage without the husband’s knowledge
- Habitual drunkenness or drug abuse habit contracted after marriage
- Cruel and inhuman treatment (inappropriate marital conduct)
- Irreconcilable differences
- Separation for two or more years
To get a divorce based on irreconcilable differences (no-fault divorce), the parties must present the court with a written agreement on custody and maintenance of the children and an equitable settlement of the couple’s marital property rights. If either party contests the grounds for divorce, the couple cannot get divorced without a marital dissolution agreement. Even if the grounds themselves are not contested, the parties might still have a substantial disagreement in areas such as the division of property, the payment of alimony, or child custody.
The Franklin divorce lawyers at Fort, Holloway, & Rogers have ample experience negotiating and mediating divorces outside of court and can assist you in your no-fault divorce. We can help your negotiations stay on track and work out a settlement agreement that meets your needs, protects your rights, and helps you move forward with your new life after divorce. We’ll help ensure that a no-fault divorce resolves successfully, even when matters are contested; if extensive litigation is required, you’ll find our firm to be strong and effective advocates for your case in court.
A Look at the Divorce Process in Williamson County
The process for divorce starts when either husband or wife files a petition with the court for a divorce. Either party must have been a Tennessee resident for at least six months before one can file for divorce in the state. The petition is filed in the county where the couple resides. If they live in different counties at the time, the plaintiff should file in the county of the defendant’s residence, or the plaintiff’s county if the defendant is residing out of state.
The petition should state the grounds for divorce and be served on the other party, who becomes the defendant in the divorce proceeding. The defendant then files an answer with the court, admitting or denying the allegations in the complaint, and adding allegations as appropriate. If you get served with divorce papers, it’s essential to contact an attorney and file your response on time. Even if you don’t object to the divorce, failing to answer results in a default judgment where the plaintiff gets everything they asked for, and you don’t get a say on any matters related to the divorce.
Once the papers have been filed, the judge issues temporary injunctions that stay in place during the divorce proceeding. These injunctions keep the parties from encumbering or disposing of marital assets without the consent of the other party or the court. Except for the usual costs of living, the parties are prohibited from making big purchases or big sales. They must keep up any insurance policies currently in place. Injunctions also warn the parties not to harass, threaten, assault or abuse one another and not to make disparaging remarks about each other in front of the kids or the spouse’s employer. The parties are cautioned against hiding or destroying evidence and prohibited from relocating with the kids out of state or 50 miles from home without the permission of the other party or the court.
The next phase of a Tennessee divorce is called discovery, where each party is entitled to request and receive information from the other party regarding finances and debts and other information relevant to the divorce. Parties might be required to turn over documents and records or sit for depositions, where they are questioned by an attorney and have their answers recorded.
The next step is typically mediation. Mediation is not required if the parties have already worked out a marital dissolution agreement and parenting plan. Otherwise, the court is likely to order mediation. The attorneys at Fort, Holloway, & Rogers include certified Rule 31 Family Mediators who can guide you and represent you through a successful mediation to resolve any outstanding issues in your divorce.
If mediation is skipped or is unsuccessful, the parties will head to court for a trial on the issues. In a hearing, the attorneys will present witnesses and other evidence and make arguments to the judge, who will rule on questions such as alimony, child custody and how to divide marital property. Our lawyers are skilled and experienced in divorce litigation and will zealously advocate for you in the courtroom when necessary to defend your rights and interests in the divorce.
Help With Divorce in Franklin is Available. Call Our Family Law Attorneys Today.
For help with a pending divorce in Williamson County or to discuss your family situation, call Fort, Holloway, & Rogers at 615-791-7575 for an honest assessment and strategic advice and representation from a knowledgeable and dedicated Franklin divorce attorney.