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November 6th / Divorce jasco no comments   0

Frequently Asked Questions About Divorce in Tennessee

At Dotson & Taylor, Attorneys at Law, our Tennessee divorce lawyers are asked several common questions about the divorce process. There are many misconceptions about divorce in Tennessee. Some of the most frequently asked questions we receive, and answers are outlined below. If you still have questions about how the law may apply to your case, or would like reliable legal representation in your divorce case, contact our firm for a consultation.

If my spouse doesn’t want a divorce, does that mean I can’t get one?

In Tennessee, you have the right to pursue a divorce even if your spouse does not want one. You can seek a divorce on no-fault grounds such as if you have not lived together for at least two years and have no minor children or on irreconcilable differences. You can also pursue a divorce based on fault grounds, such as adultery, abandonment or imprisonment for a felony.

What is a contested divorce?

A contested divorce arises when the spouses do not agree about one or more of the issues involved in their divorce, such as:

Even if the spouses agree on all other issues, the court is tasked with the authority to decide about the contested issue.

In Tennessee, you have the right to pursue a divorce even if your spouse does not want one. You can seek a divorce on no-fault grounds such as if you have not lived together for at least two years and have no minor children or on irreconcilable differences. You can also pursue a divorce based on fault grounds, such as adultery, abandonment or imprisonment for a felony.

What is an uncontested divorce?

An uncontested divorce is one in which the parties agree on all major issues involved in their divorce. This type of divorce tends to be quicker and less expensive because the lawyers may not have to prepare for as many hearings. They spend their time negotiating an agreement between the spouses. The spouses may make most of the decisions regarding the termination of their marriage and their property division with the guidance of their lawyers. The agreement is submitted to the family court judge for approval and to ensure that it is fair.

Is there a residency requirement in Tennessee?

You can file for divorce in Tennessee if you are a resident here and when the actions that led to your divorce occurred in the state. If you recently moved to Tennessee and the actions leading to your divorce occurred in another state, you cannot file for divorce in Tennessee until you have lived here for at least six months.

How long does a divorce take in Tennessee?

The amount of time that a divorce can take depends on many factors, including whether you have children. Tennessee law requires a 90-day waiting period from the filing date and the entry of a final order when couples have children. Otherwise, there is a 60-day waiting period. If you have sizable assets, your divorce may also take longer. Additionally, if your divorce is contested, it will usually take longer than if it is uncontested.

How can I minimize conflict during a divorce?

Just because you are getting divorced does not mean that you must be embroiled in a bitter battle. If you and your spouse can reach an agreement regarding major issues like property division and a parenting plan through mediation or negotiations with your lawyers, you may be able to proceed with an uncontested divorce.

If you would like a better understanding of the divorce process in Tennessee, or how the laws may affect your case, contact our experienced Tennessee divorce lawyers for help. We answer all your questions during a free, confidential consultation. Contact us online or call 615-890-1982.

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