Navigating the emotional roller coaster that typically comes with a divorce can be challenging on its own. In addition, however, you are likely to have many questions about the divorce itself and what to expect during the legal process that is required to formally end a marriage. Working with an experienced divorce attorney is the best way to ensure that your rights are protected and that you obtain guidance related to the unique nuances of your divorce. In the meantime, however, a Murfreesboro divorce attorney at Bennett | Michael | Hornsby provides some general answers to the top 5
Tennessee divorce questions.
What Are the Grounds for Divorce in Tennessee?
The State of Tennessee recognizes both no-fault and fault divorces. As such, you can pursue a no-fault divorce by alleging “irreconcilable differences” or allege fault grounds upon which the divorce may be granted. Keep in mind that if you allege fault grounds in your complaint you will ultimately have to prove those grounds before the divorce can be finalized. Fault grounds for a divorce in Tennessee include:
- Cruel And Inhuman Treatment
- Adultery
- Bigamy
- Inability to Have Children
- Desertion
- Infamous Crime
- Felony
- Attempted Spousal Murder
- Refusing to Move to Tennessee
- Pregnancy
- Alcoholism Or Drug Addiction
- Indignities
- Abandonment
- Two-Year Separation
Will I Be Able to Keep the House in My Divorce?
Tennessee is an “equitable distribution” state in terms of the division of property in a divorce. This does not mean that assets will necessarily be divided equally between the parties. Instead, it means that the court will order a just distribution of marital assets. It is important to remember that only marital assets are subject to division in a Tennessee divorce while separate property remains with the owner. Separate assets typically include assets owned prior to the marriage, assets inherited during the marriage, and/or assets designated as separate property in a prenuptial agreement. If the marital home is considered marital property, it is subject to the “equitable distribution” of property. Usually, the judge will consider things such as who will be the Primary Residential Parent (if there are minor children), who lived in the home prior to the marriage, and who can afford the home, when deciding who gets to remain in the home if the parties cannot reach an agreement.
What Is a Parenting Plan?
A Tennessee Parenting Plan helps both parents remain constructively involved in parenting the children post-divorce and must accomplish at least the following:
- Creating a schedule that sets forth, in detail, when the child will spend parenting time with each parent during the school year, summer break, and holidays.
- Deciding who will have day-to-day and major decision-making authority.
- Deciding who will pay for things such as medical insurance and expenses, day care, and extra-curricular activities.
- Setting the amount of child support one parent will pay to the other.
- Determining how much contact the non-residential parent may have with the child and how that contact may occur (telephone, computer etc.)
- Providing an outline for how disputes will be handled.
- Will I Qualify for Alimony? If a request is made by a spouse for alimony in a Tennessee divorce, that request is considered on a case-by-case basis. Tennessee recognizes four types of alimony: rehabilitative alimony; transitional alimony; alimony in solido (lump sum alimony); alimony in futuro (periodic alimony). You are not guaranteed any type of alimony; however, if you are awarded alimony, it could be any of these types.
- How Long Will My Tennessee Divorce Take? The time it takes to get through a Tennessee divorce will depend on several factors. If you and your spouse agree to use irreconcilable differences for your divorce grounds and can agree on all issues involved in the divorce, your divorce will move through the legal process as quickly as possible. Tennessee does have a waiting period for all divorces, often referred to as a “cooling off” period. If there are no children of the marriage, the waiting period is 60 days. If there are children involved, the waiting period is 90 days. Therefore, the soonest you can get through a divorce in Tennessee is three to four months. If you choose fault grounds and/or your divorce includes disputed issues it can take much longer to finalize your divorce.
Contact a Murfreesboro Divorce Attorney
If you have additional questions about divorce in Tennessee, consult with an experienced Murfreesboro divorce attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your appointment.
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