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The decision to end a marriage is never an easy one, even in the most amicable of divorces. The divorce process requires the filing of the proper documents with the court. Our office will take this added stress off of your already full plate. We will handle your agreed divorce with care and compassion and help you get on with your life as quickly and painlessly as possible.
In Tennessee, divorces can be obtained on an uncontested or contested basis. In and uncontested divorce, the parties agree on all issues of real property, spousal support, distribution of all marital assets and debts, co-parenting schedules and child support. Uncontested divorces are usually based upon irreconcilable differences. If the parties are unable to agree, the divorce is contested and must be based on one of the following statutory grounds pursuant to Tenn. Code Ann. Sec. 36-4-101:
(1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
(2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
(3) Either party has committed adultery;
(4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
(5) Being convicted of any crime that, by the laws of the state, renders the party infamous;
(6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
(7) Either party has attempted the life of the other, by poison or any other means showing malice;
(8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
(9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
(10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
(11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
(12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
(13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
(14) Irreconcilable differences between the parties; and
(15) For a continuous period of two (2) or more years.... both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
Tenn Code Ann. Sec. 36-4-101.
If the divorce is contested, you need an experienced attorney to assist you in seeking the best possible outcome, whether that be by informal settlement, mediation or trial. Our office offers compassionate and results-driven service in navigating the divorce process and helping you get on with the next chapter of your life.
Child Custody in Tennessee is determined using a "best interest of the child analysis." The court determines custody based on an evaluation of which parent best meets certain criteria set by statute. Among the factors the court considers are:
The strength, nature, and stability of the child's relationship with each parent, and which parent performs the majority of the parenting duties;
Each parent's past and potential for future performance of parenting responsibilities, and the willingness and ability of each parents to foster a close and continuing relationship between the child and the other parent;
The ability of of each parent to provide the child with food, clothing, medical care, education and other necessary care;
The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;
The love, affection, and emotional ties existing between each parent and the child;
The emotional needs and developmental level of the child;
The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child;
The child's relationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;
The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
Evidence of physical or emotional abuse to the child, to the other parent or to any other person.
The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child;
The reasonable preference of the child if twelve (12) years of age or older. The preference of older children should normally be given greater weight than those of younger children;
Each parent's employment schedule, and the court may make accommodations consistent with those schedules;
Tenn. Code Ann. Section 36-6-106 (a)
Child Support in Tennessee is calculated from the State Child Support Guidelines enacted by the Legislature. The main factors are gross monthly incomes of both parents the number of days the child spends with each parent, and the amount each parent spends on regular health insurance premiums for the child. Monthly medical items (not covered by insurance) daycare for the child, and the number of other children not covered on the particular support order
are also factored in.
How do I get started?
The first step is the free telephone consultation. Call 865-312-6175 for a prompt appointment.
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