File for divorce in tennessee
The relative ability of each spouse for future employment and asset acquirement. Contributions as a homemaker, wage earner, or parent. The value of the separate property of each spouse.
The economic circumstances of each spouse at the time of the divorce. The tax consequences of the proposed property settlement. The social security benefits available to each spouse. Any other factors relevant to an equitable distribution settlement. The relative earning capacity, obligations, needs, and financial resources of each party. The relative earning capacity of each party, and the necessity of a party to secure further education and training to improve such party's earnings capacity to a reasonable level. The duration of the marriage.
The age, mental, and physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease. Whether the custodial parent is unable to work outside the home due to the care of a minor child. The separate assets of each party.
The property apportioned to the party. The standard of living established during the marriage. The contributions as a homemaker and to the education, training or increased earning power of the other party. Technically, no. But as a practical matter, it might be a good idea. An experienced family lawyer will still need to draft your agreement to make sure everything is done correctly. A divorce is a lawsuit. Remember, there is no such thing as a standard divorce.
There are so many issues to be considered that it makes sense to have a lawyer with an ethical duty to explain things and represent only your best interests.
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Very few lawyers will represent both parties because of the potential for a conflict of interest. A conflict of interest happens when an attorney's duty to his or her client is compromised. An attorney who represents both spouses in a divorce might face such a conflict if a benefit to one spouse would be a detriment to the other.
If one lawyer represents both spouses, the lawyer cannot advise either of them in negotiating for better settlement terms.
Tennessee law allows divorce on either fault or no-fault grounds. The no-fault grounds for divorce are:. A mutual-consent, no-fault divorce takes about two to six months. There is a mandatory 60 day "cooling -off" period after the complaint is filed, if there are no children.
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If the couple has children, it takes a minimum of 90 days. A contested divorce can last years, with the average case lasting a year or more. Finally, if the spouses agree to divide a pension, it might take an additional 60 to days after the divorce is granted to complete the division.
Annulments may be available if the marriage was illegal for example, incestuous or based on fraud or duress. An annulment can also be had if one party was under age.
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The rules and applications can be complex. The effect of annulment will not render the couple's children illegitimate.
How Do I File for Divorce in Tennessee
No alimony is available when a marriage is annulled. Property rights will be restored as if no marriage had taken place. In effect, a legal separation allows for the support and maintenance of a spouse without an actual divorce. The parties can sue for divorce later.
Tennessee Divorce FAQs
Separation often doesn't make sense because it can be as expensive as a divorce. You must appear in court on your scheduled date and time, and bring copies of all your papers. It is best if both spouses go to the divorce hearing in case there are mistakes on the forms. If the judge approves your divorce, and your spouse was not at the hearing, you will have to mail him or her a copy of the Divorce Order. It is also important to remember that after the Final Divorce Order is issued, each spouse has 30 days to appeal the order. This means that you must wait to get married or buy property until the 30 days has passed.
Please see our Tennessee Divorce and Family Laws page to find information on the divorce process, property division, child custody and visitation and more. Copies of all the required forms, along with instructions to review before filing out the forms, can be found by accessing the Tennessee State Courts Self-Help Center. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.