Deciding to divorce is an incredibly painful experience for most people. You probably didn’t get married with the intention of later ending your marriage and severing your family unit. The decision to dissolve your marriage comes with a million questions and worries and can be overwhelming. At The Cassell Firm we do everything in our power to ease your stress and anxiety. We navigate the legal issues and keep your financial and emotional goals in mind along the way. No one should bear the burden of the divorce process alone and we will be there to make sure you don’t have to.
Tennessee has two main categories of divorce: Contested and Uncontested.Uncontested
You may have heard uncontested divorces called and “irreconcilable differences divorce.” In this situation, the parties agree to a divorce on the grounds of irreconcilable differences. All this means is that there are problems in your marriage that have caused damage to it that you and your spouse cannot fix. For this type of divorce to work, you and your spouse will have agree to every single aspect of your divorce. Both parties will have to agree on how to divide money, property, if alimony will be paid, child support, and a child visitation schedule.
If you and your spouse choose to move forward with an uncontested divorce you, with the help of your attorneys, will come to an agreement on each issue in your divorce. Your attorneys will draft a Marital Dissolution Agreement and, if you have children, a Parenting Plan. Once these documents are signed by both spouses, they are filed with the court.
After filing, there will be a short waiting period before your divorce can be granted. In Tennessee, the waiting period is 60 days if the parties are divorcing without children and 90 days if they have children under 18. Generally, after this waiting period is over, a final hearing will be set for your case. In many cases, only one spouse will have to attend the final hearing. Once the hearing is complete, your divorce will be finished.Contested
If you and your spouse cannot amicably agree on any issue in your divorce your case will be contested. The process for a contested divorce is very different from that of an uncontested divorce. This is because the parties will need to go to court to solve the issues in their marriage and have the court’s help in determining issues like property separation and child custody. Additionally, parties have to present evidence to prove “grounds” or fault in a contested divorce.You Need a Middle Tennessee Divorce Attorney to Help You through Your Divorce
Whether your divorce is amicable or contentious, you and your spouse will be making decisions that will affect your future and your family.
One of the most important issues your family will face is what will happen with your children. In all divorces, a parenting schedule will be set up either by the court or by the parents. A Permanent Parenting Plan containing this schedule will be put in place that each parent will be expected to follow. Child support issues will also be decided alongside custody and visitation.
Alimony and property division will also be decided during the divorce process. It is important to remember that alimony and property division are not the same thing. They are two distinct issues that will require careful attention and skill to navigate. Alimony refers to the amount of money one spouse pays the other and is decided by several factors that vary in each case. Property division is the process by which marital property is divided between the spouses. Courts in Tennessee strive to divide property equitably between the parties and will use another set of factors in determining property division issues. Keep in mind that equitably does not mean equally and that the factors used by judges will fit each case differently.
Whether your divorce is friendly or heavily contested, you will need a dedicated and compassionate divorce attorney to protect your rights, your property, and your children. If you live in Nashville or the surrounding areas and need the advice of a skilled divorce attorney, call our office to set up an appointment.