No matter the circumstances, navigating a divorce is a deeply personal and emotional process. In Gallatin, undergoing a divorce might be the first time you are required to step foot in court. This can be an overwhelming and intimidating experience whether your divorce is amicable or contested. At Phillips | Ralston we understand that divorce is painful, no matter what, and our Gallatin divorce lawyer is here to help you.
When your marriage ends, your future can be at stake. At Phillips | Ralston, we are here to come alongside you and support you as you find the right path forward. We can do everything in our power to protect what matters most to you and advocate for your rights and interests in a divorce case. Since 1977, we have been serving residents all over Gallatin and seeing them through the darkest of divorce cases. Now, let us turn our experience and attention to your case.
Defining Divorce in Gallatin, Tennessee
With a divorce rate of 3.0 per 1,000 residents in 2022, the state of Tennessee is no stranger to these legal cases. No matter how amicable you and your spouse try to remain throughout the legal process, divorce can take an emotional toll on individuals and families alike. Tennessee statutes lay out very strict divorce laws and it is vital to have an attorney on your side who not only understands these laws, but can also implement them to your advantage.
In Tennessee, there are two main kinds of divorce that can be legally south. When filing for a divorce, you must first decide whether or not that divorce is contested or uncontested. Before you can make this decision, however, it is crucial to understand the impact that either type can have on your emotional health, your personal finances, your future, and your time.
- Contested divorce. In Tennessee, a contested divorce occurs when the divorcing couple is unable to reach an agreement regarding critical issues of their divorce. These issues can include the division of marital assets and debts, the custody of their shared minor children, and support of these children or alimony. These cases typically call for court intervention, whether the judge will make decisions regarding these issues.
Because of this, contested divorces can be long, drawn-out affairs that are both costly and emotionally draining. The legal process for a contested divorce in Gallatin typically requires discovery, court hearings, and, in some cases, a trial in which the judge will make the final rulings. For some couples, when negotiations or mediation fails, contested divorce proceedings in court may be the only step forward.
- Uncontested divorce. On the other hand, some couples may be able to seek an uncontested divorce. In an uncontested divorce case, the involved couple is able to reach amicable agreements regarding various issues in their divorce, like property division or alimony. This legal process is typically much quicker and cost-effective as it will eliminate the need for litigation. There are several benefits to this process, including:
- Less emotional damage and stain, which can be exceptionally beneficial to any minor children involved in the divorce case.
- Faster divorce resolution, which can allow all involved parties to move forward into their respective futures much quicker.
- Lower legal expenses, thanks to the reduced involvement of the courts.
Keep in mind, however, that even in an uncontested divorce, having an attorney on your side is vital so that your interests and rights are protected whatever happens.
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Common Issues in a Gallatin Divorce
Coming to the decision of seeking a divorce is never easy and is never done so lightly. However, when you and your spouse realize that the only path forward is the dissolution of your marriage, the attorneys at Phillips | Ralston are here to help. We understand how it feels to experience a divorce and hope to create for you an effective strategy to ensure that your interests and rights are protected and your future is strong.
No matter what kind of divorce you are seeking, you and your spouse will need to reach an agreement–or the judge will reach an agreement for you–on several different issues related to your marriage. In Gallatin, the most common divorce issues include the following:
- Property division. With a median household income of $73,589 in 2023, one of the most contentious issues in a Gallatin divorce is the division of property or marital assets. In Tennessee, all marital property, debts, and assets–or those which were obtained during the marriage–will be subject to the laws of equitable distribution, meaning that they will be divided fairly between the divorcing couple but not necessarily 50/50.
Before the division of assets can take place, however, it is important to know what is considered marital property and what is not. Marital property is anything which was acquired during the marriage such as income, retirement or bank accounts, real estate holdings, vehicles, and shared debts like car or home loans. Separate property includes any assets which were owned before the marriage or any gifts or inheritances.
When it comes to dividing these marital assets, it is important to understand what factors the Sumner County court system will take into consideration when making their decision. These factors include the length of the marriage and the standard of living maintained in the marriage, the earning potentials of both parties, the financial contributions to the marriage of both pirates, and the custodial arrangements for any minor children.
- Child custody. In a Sumner County divorce, when minor children are shared between the couple, the parents will need to make a determination of how custody will be shared or the courts will make this decision for them. Factors taken into consideration when making this decision include:
- The age of the children
- The living conditions of both parents
- The relationship shared between the parent and their children
- If there is any evidence of substance abuse or violence on part of either parent
- Child and spousal support. In some divorce cases, spousal support and/or child support may be awarded. Typically, the higher earning spouse will make these payments to the lower earning spouse or the spouse with more custodial time of the children.
Speak With Our Trusted Gallatin Divorce Lawyer Today
If you are seeking a divorce in Gallatin, Tennessee, the team at Phillips | Ralston is here for you, whether you come from Twin Eagles or Kennesaw Farms, or another nearby town, like Hendersonville. Contact our offices today to learn more about our legal services and to schedule an initial consultation with our attorneys.
