Divorce

A Divorce Lawyer on Your Side

The process of divorce will be one of the most difficult and emotional times in someone’s life. Whether you find yourself in need of filing a divorce or if your spouse has already filed for divorce, we will assist you in navigating through the process to obtain a fair and equitable division of property and debt, assess the factors for alimony and address the best interest of your minor children.

To file for divorce you must be a resident of this state, or if the grounds for divorce occurred outside of the state, one of the parties must have resided in Tennessee six months preceding the filing for divorce.

In an uncontested divorce, there is a waiting period of sixty (60) days without children and ninety (90) days with children before the divorce can be finalized.

Husband And Wife Discussing About Divorce — Shelbyville, TN — Henegar Law Office

In a contested divorce, the parties must attempt to settle the divorce through mediation before a court date may be scheduled. Mediation may be waived under circumstances where there has been domestic violence, if either party is unable to afford the cost of mediation, or if a default judgement has been entered against the defendant.

Legal Grounds for Divorce

Irreconcilable differences- May only be granted if the parties are in agreement
Impotence
Bigamy
Adultery
Willful desertion for one entire year
Attempting to take the life of the other spouse
Habitual drunkenness or drug abuse after the marriage
Cruel or inhuman treatment/ Inappropriate marital conduct that makes cohabitation dangerous
Conviction of an infamous crime
Conviction of a felony and sentenced to prison
Abandonment and refusal to provide support for your spouse
A two-year period of separation, without cohabitation, if there are no minor children involved
Indignities that render the spouse's position intolerable, and force the spouse to leave the marriage
The wife was pregnant at the time of the marriage, by another person, without the knowledge of the husband
One spouse refuses to move to this state, and is willfully absent from the spouse residing in Tennessee for two years

Irreconcilable differences- May only be granted if the parties are in agreement
Impotence
Bigamy
Adultery
Willful desertion for one entire year
Attempting to take the life of the other spouse
Habitual drunkenness or drug abuse after the marriage
Cruel or inhuman treatment/ Inappropriate marital conduct that makes cohabitation dangerous

Conviction of an infamous crime
Conviction of a felony and sentenced to prison
Abandonment and refusal to provide support for your spouse
A two-year period of separation, without cohabitation, if there are no minor children involved
Indignities that render the spouse's position intolerable, and force the spouse to leave the marriage
The wife was pregnant at the time of the marriage, by another person, without the knowledge of the husband
One spouse refuses to move to this state, and is willfully absent from the spouse residing in Tennessee for two years

Alimony

Unless the parties agree to an amount of spousal support, the court will consider certain statutory factors to determine whether alimony is appropriate, the amount, and the term for payments. Essential to the determination of alimony is the supported spouse’s needs and the obligor spouse’s ability to pay support.

The court will also consider the following factors:

Age
Assets available to the parties after the divorce and any separate property of the parties
Standard of living during the marriage
Education and Training
Physical Health
Equitable considerations
Length of the marriage
Minor children involved
Fault and why the marriage ended
Spouses financial ability to pay and need of the party

Age
Assets available to the parties after the divorce and any separate property of the parties
Standard of living during the marriage
Education and Training
Physical Health

Equitable considerations
Length of the marriage
Minor children involved
Fault and why the marriage ended
Spouses financial ability to pay and need of the party

Types of Alimony Awards

Temporary Support while the divorce is pending.

Alimony in solido or lump sum alimony is long term support with the total amount of support being set on the date of the divorce and is not modifiable.

Alimony in futuro is intended to provide support on a long term basis until the death or remarriage of the recipient and is modifiable by the court.

Rehabilitative Alimony is for a fixed period of time to assist the recipient in obtaining additional training or education to become self-sufficient.

Transitional Alimony is usually for a specified time to assist the recipient in adjusting to the economic consequences of a divorce.

Alimony is not specific to gender and may be awarded to either the husband or wife in a divorce.

Marital Assets

Tennessee law requires that marital property be divided in an equitable manner. Equitable does not necessarily mean an equal division but what is fair under all the circumstances.

Tennessee is a no fault state which means that even if the divorce is due to your spouse's actions, or fault, you cannot receive more of the marital assets than the other party.

The parties and eventually the court if an agreement is not reached must identify, classify and value the assets before an equitable division of property may be made.

Separate Property

Separate property consists of the following;

acquired prior to marriage
by gift or inheritance
in exchange for any separate property
obtained from income or appreciation of separate property, if the other spouse did not contribute to the preservation and appreciation.

Marital Property

retirement benefits acquired during the marriage
any property acquired during the marriage by either spouse
any increase in value of any property to which the spouses contributed to the upkeep and appreciation

Division Factors

the length of the marriage
values of separate property belonging to each individual
any debt and which party incurred it and who will pay it
tax issues and foreseeable expenses with assets given to one party
age, health, employment, liabilities and financial needs of both parties
financial situation of each party when property will be distributed

the length of the marriage
values of separate property belonging to each individual
any debt and which party incurred it and who will pay it

tax issues and foreseeable expenses with assets given to one party
age, health, employment, liabilities and financial needs of both parties
financial situation of each party when property will be distributed

It is important that you choose an attorney who is knowledgeable about the division of marital assets during your divorce. Henegar Law Office will assist you in identifying, classifying and valuing your assets.