Divorce Attorneys in Nashville, Tennessee

Dealing with divorce often leads to heavy emotions. Fear, confusion, anger, frustration, and uncertainty are all part of the process. There are also worries and difficulties that accompany the legal aspects of your divorce. You don’t want to face this alone. Getting the right legal team on board can help reduce negative feelings by protecting family rights, having someone fighting on your side, and making the process flow more smoothly. 

The family law attorneys at Brazil Clark, PLLC go the extra mile to protect the people of Nashville, Tennessee, and throughout Rutherford Country. They fight to protect their clients’ rights, so don’t go through the process by yourself. Reach out today, and take the next steps forward. 

Filing for Divorce in Tennessee 

Filing for divorce is not uncommon in Tennessee. There are many questions that come into play through the process: what you will do with child support, alimony, child custody, separation of assets, and more. No matter the reason for your divorce, you need answers to these questions, and these answers will affect the type of divorce you experience. In general, there are two types of divorces: 

Uncontested Divorce 

An uncontested divorce occurs when the spouses agree on the separation terms. The spouses agree on asset distribution, child custody, visitation rights, child support payments, and spousal support (alimony). As a result, the overall divorce process is much smoother. Court appearances are a formality to ratify the divorce officially. 

Spouses may seek mediation to help finalize separation arrangements. Additionally, spouses can enlist the services of a professional divorce attorney to negotiate with the other party on their behalf. 

Contested Divorce 

A contested divorce occurs when the parties cannot agree on the separation terms. While they may agree on some of the separation terms, there may be points of contention. For instance, custody, alimony, and child support payments are common issues. 

During a contested divorce, the court hears the spouses’ arguments. The court then rules based on evidence and the family’s best interest – in issues relating to a child, they focus on what’s in the child’s best interests. Please note that court rulings are subject to appeal. As a result, the finalization of divorce proceedings can take much longer than expected. 

Eligibility for Divorce in Tennessee 

 Eligibility for divorce in Tennessee depends on the following: 

Residency Requirements 

Individuals filing for divorce must meet Tennessee’s residency requirements. Here is a look: 

• An individual may file for divorce when the grounds for divorce occurred while the person lived in Tennessee. 

• An individual can file a divorce claim when the individual or the spouse has lived in Tennessee for at least six months prior to the divorce filing. 

Military members stationed in Tennessee for at least a year and their spouses are technically considered Tennessee residents. 

Grounds for Divorce 

Because Tennessee is a fault-divorce state, this means that the divorce claim must include a valid reason for the separation as recognized by Tennessee law. Grounds for divorce refers to the reason(s) why one or both spouses want to separate. Tennessee law recognizes the following grounds for divorce: 

• Irreconcilable differences or the inability of spouses to get along as a couple. There are no specific terms for irreconcilable differences. However, situations such as domestic abuse or infidelity are common underlying causes of irreconcilable differences. 

• One spouse’s inability to procreate. 

• Proven infidelity. 

• One of the spouses is legally married to another at the time of the marriage. 

• Home abandonment without reasonable cause for at least a year. 

• One of the spouses is convicted of a serious crime. 

• One of the spouses is sentenced to an extended prison term. 

• One of the spouses attempted to murder the other. 

• One of the spouses refused to move to Tennessee without justifiable cause leading to home abandonment. 

• One spouse was pregnant with another person’s child at the time of marriage without the other spouse’s knowledge. 

• Drug and alcohol addiction by one of the spouses. 

• Lack of financial support with no justifiable cause. 

• One of the spouses engages in immoral, cruel, or inhuman behavior. 

While the grounds for divorce in Tennessee cover several areas, most couples file for divorce based on irreconcilable differences. 

Length of Divorce Proceedings in Tennessee 

How long a divorce takes depends on each situation. However, uncontested divorces generally are a lot faster than contested divorces.  

An uncontested divorce is the fastest way to finalize proceedings. An uncontested divorce can take as little as two months to finalize. In some instances, an uncontested divorce may take up to six months. 

In contrast, a contested divorce can take up to 18 months to finalize. Appeals, court appearances, and evaluations can drag proceedings on.  

That is why individuals looking to finalize divorce proceedings as soon as possible should strive to file for an uncontested divorce. However, Brazil Clark, PLLC, understands that that’s simply not possible in every case. Getting the right legal counsel from an experienced divorce attorney can greatly speed up the process.