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October 19th / Divorce jasco no comments   0

What to do When Your Divorce is Complicated

Divorce is complicated.

Entering into a marriage is personal; choosing to dissolve one is personal as well. Emotions run high. Decisions regarding child custody are difficult. And concerns regarding the financial implications of divorce and spousal support cause stress.

In some situations, divorce is complicated due to factors such as domestic violence or other abusive behavior. Other times, mental illness is involved, which can not only impact the divorce, but child custody decisions as well. In those instances, you may be wondering if Tennessee divorce law provides any relief or protection.

Grounds for divorce in Tennessee

The Volunteer State, like other states, has specific laws regarding the requirements – or grounds — for divorce. Tennessee is a “no fault” state, meaning that a couple can file for a “no fault” divorce if they have been separated for two years and do not have any minor children. A healthy spouse may also seek a no fault divorce from a spouse that is mentally ill.

Tennessee also permits “fault” divorce based one or more of the following:

  • Drug or alcohol addiction
  • Adultery
  • Cruelty in the form of emotional or physical pain
  • Violence
  • A previously unresolved marriage
  • Abandonment
  • Felony conviction
  • Murder
  • Bigamy
  • Impotence

If you are considering filing for divorce, it is best to consult with a qualified divorce attorney for guidance.

Child custody and support issues

Child custody decisions are guided by what is believed to be in the best interests of the child or children. Drug or alcohol addiction, cruelty, or abusive behavior are all considered when making child custody decisions. If a parent’s mental illness negatively impacts the child, this will affect child custody. Both child support and alimony will also be affected. A spouse suffering from mental illness may require spousal support and be expected to contribute less towards child support due to lower earnings.

Protective orders in Tennessee

Victims of abuse by current or former adult family or household members may apply for protective orders in the state of Tennessee. Judges issue protective orders – also called restraining orders or orders of protection – which require a named person to stay a set distance away from the individual filing for protection. In most cases, orders of protection are temporary, but that can change based on the situation. Protective orders are frequently issued in cases related to domestic violence, when the following may be exhibited:

  • Abuse
  • Stalking
  • Threats
  • Behavior that causes someone to fear for their safety

Protective orders are effective for one year in the state of Tennessee, but the terms may be subject to change.

We understand complicated divorce

All divorces are complicated but some situations are particularly challenging for all those involved. We understand. The skilled Murfreesboro divorce attorneys at Dotson & Taylor Attorneys at Law are experienced in high conflict, complicated divorce and we work closely with our clients throughout the process for the best possible outcome. Schedule a free confidential consultation with a member of our team by contacting us at 615-890-1982 or online.