Divorce Law in Nashville, TN
Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.
Are you facing a costly divorce in Nashville, Tennessee? Does your estranged spouse have an attorney? Usually, couples going through a divorce cannot compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.
Issues Involved in Nashville, Tennessee Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
Dividing property, debts, and assets is one of the most challenging issues in the divorce law process. In many states, like Tennessee, anything you and your spouse purchased over your marriage is subject to division. This includes real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
Child support in Nashville is based upon an average of the parent’s gross income and the number of children that reside within the household. The Tennessee Department of Health declares that this process is based on an income share model to establish the dollar amount of child support obligations. These are court mandated payments and should not be taken lightly. Missed payments can result in liens, credit drops, fines, and even jail time.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Nashville, TN divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
Women’s Law states that Tennessee provides 4 types of alimony. These are Rehabilitative, Periodic, Transitional, and Lump-Sum.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
According to Tennessee Code, the best interest of the child is the ultimate concern of the courts. A judge will not only make financial considerations, but also emotional considerations. For instance, how much time each parent has available to nurture the child, and the bond between the child and each parent. A judge will prefer not to interrupt a child’s routine unless there are instances of abuse or neglect.
Generally, Nashville, Tennessee courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Nashville, Tennessee
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
Tennessee is not a true no-fault state. The Legislature of Tennessee states that a court will not grant a divorce based on irreconcilable differences unless the two parties have settled all disputes through a marital dissolution agreement.
Step 2: Request Temporary Orders
The divorce law process in Nashville can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Nashville, TN judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Divorce cases are generally heard by County Circuit Courts in Tennessee. If you are going through this difficult process you may want an experienced divorce attorney to help you if you find yourself at the Davidson County Circuit Court.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.
Work With an Experienced Nashville, Tennessee Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Nashville divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Tennessee state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
