Guide to Finding Tennessee Divorce Lawyer

What is a Tennessee Divorce Lawyer?

A Tennessee Divorce lawyer is certified to provide legal assistance in family law. Some TN divorce lawyer will specialize in other areas of family law like adoption and even domestic violence, but a large majority of Tennessee divorce lawyers stay specifically within divorce law.

The divorce process is never easy, and the action takes an equal toll on both the parents and children. However, a qualified and experienced TN divorce lawyer can help the process go along as smoothly as possible. A TN divorce lawyer can help in any of the following processes:

• Filing a divorce complaint

• Child support

• Child custody

• Spousal support

• Alimony

• Property distribution

What are the steps for Tennessee divorce?

There are specific steps within a divorce process in TN that a lawyer can help a client with. Not one of the steps in the divorce process is easy, and certain steps can last much longer than others. Individuals steps can even last much longer than expected if neither party can compromise and reach an appropriate settlement. Hiring a Tennessee divorce lawyer to help with the following steps will always make the process easier for most members of the family:

• Establishing grounds for the divorce and submitting the Petition for divorce

• Waiting for the case to be brought to mediation, and if a settlement is not reached, waiting for the case to be brought to litigation

• Reaching an agreement for child support based on any number of factors

• Reaching an agreement for child custody and visitation rights based on a variety of factors

• Reaching an agreement for spousal support

• If there are children involved, parents may have to show proof of attending marriage counseling or similar counseling to help children deal with the divorce

• Reaching a final settlement or filing for an appeal

What are the grounds for Tennessee divorce?

If you believe you qualify for divorce apart from irreconcilable differences, you should talk with your Tennessee divorce lawyer immediately. No-fault and fault divorces carry different outcomes for each party, so it is important to talk with your TN divorce lawyer about all the reasons a divorce is being considered. Within the state of Tennessee, there are the following grounds for divorce:

1) No-Fault: irreconcilable differences, or living separately with no cohabitation for two years if no children are involved

2) Fault: impotence, adultery, conviction of felony, addiction to drugs or alcohol, willful desertion for one year, wife is pregnant with another man’s child at time of marriage without spouse’s knowledge, domestic violence, bigamy, certain indignities, banning a spouse from the residence

How are Tennessee child support and Tennessee child custody determined?

The state of Tennessee has child support and child custody laws that are similar to other states. A Tennessee divorce lawyer is usually essential if there is a disagreement with child support and/or child custody. Within the state of TN, child support is determined upon the following conditions:

• financial stability or financial resources of the child

• the standard of living for the child prior to the divorce

• age and physical and mental health of the child

• the physical, emotional, and educational needs of the child

• the income and living expenses of each parent

• regular contributions from each parent to the child’s well-being

• pensions or retirement benefits of each parent

• health insurance and life insurance of each parent

• the amount of visitation rights

Child custody relates to the conditions of child support. A Tennessee divorce lawyer can also help a parent acquire the amount of child custody they believe they are entitled to. The state of Tennessee also has unique measures that some other states have adopted regarding counseling requirements prior to a divorce settlement and child custody settlements. In most cases, a judge will require parents to attend marriage counseling if he or she believes there is any chance the marriage can be saved. However, a judge may also send parents to counseling in order to ensure the child’s needs are meant following the divorce. Child custody is usually determined upon the following conditions in Tennessee:

• the emotional ties between each parent and the child

• the length of time a child has lived at a certain residence and in a stable environment

• the living conditions and stability of each parent’s home

• whether or not there has been domestic abuse directed toward either parent or toward the child

• mental and physical health of each parent

• the child’s school district and academic performance when in the company of each parent

• the preference of either parent’s location if the child is over 12 years old

• each parent’s potential as a guardian and history of parenting duties

Tennessee Divorce Lawyer : Spousal Support and Property Distribution

Within the state of Tennessee, a former spouse is not necessarily required to provide spousal support. A Tennessee divorce lawyer can help in establishing spousal support, and the compensation is usually based upon the following factors:

• spouse’s share of property prior to divorce

• child custody and each parent’s ability to be away from the child

• spouse’s need for education to find proper employment

• standard of living during the marriage

• duration of the marriage

• contributions of each spouse during the time of marriage that went into homemaking, childcare, etc

• physical and mental condition of each spouse

• conduct of each spouse during the marriage

The above factors are not a complete list because a judge can determine the amount of spousal support upon any factors he or she wants. The same rule goes for property distribution. A Tennessee divorce lawyer can help with determining property distribution as well. Normally, the following conditions are considered when establishing property distribution in the state of Tennessee:

• the amount of property owned before the marriage

• amount of property gained by inheritance

• the amount of contribution to the marital property as far as maintenance and appreciation

• the economic conditions of each parent at time of divorce

• the length of the marriage

• age and mental and physical health of each spouse

• each spouse’s employment and skills, as well as earning capability

• the tax consequences of the division of property

• each spouses contributions to the education or increased earned wages of the other spouse

• social security benefits

The above list is not a complete list of factors either. A judge may split up property contingent on a variety of other factors.