Mt. Juliet and Lebanon TN
Marriage is the legal symbol of commitment that two people make to love each other until death. Unfortunately, sometimes things happen that can ruin a relationship and cause one partner to file for a divorce. No matter the reason, divorce is not an easy path to take, and can you may have many questions surrounding the process and outcome. Therefore, our Nashville area divorce attorney, Yancy Belcher, shares on the blog today information you need to know about getting a divorce in Tennessee so that you can understand the process and feel more prepared.
Will I need to go to court?
Part of divorce stress comes from the idea of appearing in court. Couples who agree on every issue can settle out of court and exchange a settlement agreement. And a court appearance may only be necessary as a final step in the judge’s finalization of your divorce. If the couple decides to settle outside of court, only one person must go to the courthouse for the final divorce hearing. In the event the couple cannot reach an agreement, both parties must go to court.
Do I need an attorney?
Even though the state of Tennessee does not require you to have an attorney at the time of your divorce, our Mt. Juliet divorce lawyers strongly encourage you to retain counsel, regardless of the simplicity or complexity of your case. During the divorce process, it’s crucial to have professional help to understand your rights and obligations. Additionally, divorce cases often impact financial planning and childcare arrangements, which an experienced lawyer can help navigate the uncharted waters.
What are the grounds for divorce?
In the state of Tennessee, there are two divorce types: uncontested and contested. Uncontested divorce cases are usually due to irreconcilable differences. Contested divorce cases require proof of the grounds for divorce. In contested divorce cases, the parties often fail to agree, and they must go to trial.
Our divorce attorney in Hermitage shares below the various grounds legally allowed for divorce.
- Felony conviction
- Sterility or impotency
- Inappropriate marital conduct
- Malicious life attempt on another
- Habitual drunkenness or narcotic drug abuse
- Living separated for two years with no minor children
- Willful or malicious desertion for one year without reasonable cause
- Wife’s pregnancy by another before marriage, without the partner’s knowledge
- No reconciliation after two years once filing the decree of separate maintenance
- Refusing to move with your spouse to Tennessee and living separated for two years
- Neglecting or refusing to provide for the spouse, even when able to do so, or abandonment
How long is the divorce process?
Although you can file for divorce at any time in the state of Tennessee, there are waiting periods after you file the Complaint for Divorce paperwork with the court. For divorcing spouses with minor children, a divorce is not granted for at least 90 days after filing, regarded as the “cooling off” period. On the other hand, parties who do not have minor children can expect the courts to grant the divorce after 60 days once filed.
Can I get an annulment?
A divorce annulment is where the marriage is void and treated like it never occurred. Although marriages are void if there is force, underage, no consent, mistake, the woman is pregnant by someone else, impotence, fraud, one or both parties lack capacity, or the marriage remains unconsummated, it is a serious public policy violation. Furthermore, our Nashville area divorce lawyers explain that marriages are voidable if the parties are related (incestuous), already married (bigamy), or declared insane during the marriage ceremony time frame.
Divorce Lawyer in the Nashville area, including Hermitage and Mt. Juliet, TN
Divorcing your spouse can be a highly stressful time and fueled by emotions, especially if dependent children are involved. When you navigate the case alone, you could make a mistake or miss out on your rights. Therefore, when you face divorce, it’s best to have legal counsel to ensure you do what the law requires and that you receive what the law allows in terms of child support, alimony, or splitting assets. Contemplating divorce or getting served with divorce papers may cause questions about the process that aren’t covered above. Feel free to reach out to our divorce attorneys in Mt. Juliet at the Law Office of Yancy Belcher to ask questions or schedule a consultation. Please call (615) 773-2889 or contact us online today.