Divorce Attorney in Hendersonville, TN
The legal process of divorce can seem overwhelming, especially when it comes to dividing finances and property or establishing custody plans for children. A Hendersonville divorce lawyer can guide you through the process of navigating Tennessee divorce law.
Phillips | Ralston serves clients throughout Sumner County and the surrounding communities. We protect your rights throughout the divorce process and help you stay informed at every step.
The Divorce Process in Tennessee
According to the Centers for Disease Control and Prevention, Tennessee had a divorce rate of 2.3 per 1,000 people in 2023. The majority of U.S. marriages end between years five and nine.
Tennessee divorce laws determine how parenting responsibilities are handled, how assets are divided, and if financial support should be awarded. The state recognizes both fault-based and no-fault divorces.
When a couple divorces on the grounds of irreconcilable differences, they must wait a minimum of 60 days if they do not have children and 90 days if they do have children when filing. In addition, at least one spouse must have lived in Tennessee for six months prior to filing.
The divorce process then includes several steps:
- Filing the complaint. A complaint of divorce outlines the grounds for the divorce and the requested terms.
- Service of process. The other spouse must be formally notified. This can be through a private process server or by the sheriff.
- Response. The responding spouse is given time to file an answer. If temporary orders are necessary for child custody, support, or marital property, these are issued at this time.
- Discovery phase. Both parties present financial and personal information, such as income records and proof of debts.
- Negotiation or mediation. Many divorces are resolved through mediation or negotiation.
- Trial. If negotiation and mediation do not resolve the issues, the case may proceed to trial for a judge to decide.
- Final degree. When all matters are resolved, a final decree of divorce is issued, and the marriage officially ends.
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Property Division
Tennessee is an equitable distribution state. This means that marital property is divided in a way that is fair but not always equal. All property is divided into two categories: marital or separate. Marital property includes assets acquired during the marriage, while separate property involves assets owned before marriage.
In some cases, a spouse may try to conceal income or property to avoid it being subject to division. Tennessee courts require full disclosure of all financial matters. Failing to do this can result in penalties or changes to the final decisions.
Child Custody and Support
Tennessee courts prioritize the child’s best interests when determining custody and parenting plans. Spouses should create a parenting plan that outlines residential schedules, holiday arrangements, and other decision-making responsibilities.
The goal of child custody cases is for both parents to play a meaningful role in the child’s life. This can result in two main types of custody:
- Joint custody. Parents share decision-making responsibilities
- Primary residential parent designation. One parent has more parenting time than the other
The courts consider the emotional ties the child has with each parent and each parent’s stability in their home when determining custody arrangements. They also look at the child’s health and academic needs.
Child support is calculated using state guidelines surrounding each parent’s income, the number of children, and parenting time. Costs should help cover health insurance, childcare expenses, and education needs. Payments are made through the Tennessee Child Support Enforcement System.
Spousal Support
Spousal support, or alimony, may be awarded in certain circumstances. Alimony can cover short-term support for job training or furthering education for greater employment opportunity, long-term support, or temporary financial assistance. Payments can be ongoing or paid in a lump sum.
Why Hire a Divorce Lawyer
When you hire a divorce lawyer, you receive professional guidance on how to approach your divorce. The Hendersonville divorce attorney of Phillips | Ralston, Lindsey A. Ralston, can help you better understand your legal rights, meet necessary deadlines, and negotiate for fair settlements. If your case goes to trial, we can represent you in court.
Phillips | Ralston tailors our support to your unique situation. We can help uncover hidden assets, debt allocation, and disputes over property valuation. Since divorce can have long-term effects on your financial future, we help you look ahead to how to move forward with confidence.
FAQs
How Much Does a Divorce Lawyer Cost in TN?
How much it costs to hire a divorce lawyer in TN depends on the case. Many attorneys charge an hourly rate, and uncontested divorces may involve a flat fee. However, cases that include significant assets or involve disputes over children require more time and resources. Also consider the cost of court filing fees, mediation, and expert evaluations, if necessary.
What Is the Biggest Mistake During a Divorce?
One of the biggest mistakes during a divorce is basing your decisions on your emotions rather than considering long-term consequences. This can lead to unfavorable outcomes regarding property division, financing, or parenting arrangements. Being unwilling to compromise can also prolong the process and increase the costs associated with the divorce filing.
What Is a Wife Entitled to in a Divorce in Tennessee?
In Tennessee, a wife isn’t automatically entitled to a certain portion of the marital property. Courts divide assets based on equitable distribution, which means property is divided fairly. They consider factors such as the length of the marriage, the spouses’ individual financial contributions to the marriage, and earning potential. Every case is different. The outcome of a divorce is decided based on details presented during the court process.
What Is the Process for Divorce in Tennessee?
The divorce process in Tennessee starts with filing a complaint with the appropriate county court. Hendersonville residents would generally file in the Sumner County Circuit Court at 100 Public Square in Gallatin. Then, the other spouse must be notified and allowed to respond. Cases generally proceed to mediation. However, if an agreement can’t be reached regarding the terms of the divorce, a judge may need to decide the unresolved issues.
Contact Phillips | Ralston Today
Divorce impacts your family, finances, and future. The right legal support can help you move through the often stressful process with confidence.
If you’re considering divorce in Sumner County, contact a Hendersonville divorce lawyer at Phillips | Ralston today to schedule a consultation and explore your legal options.
