The attorneys at Gibson Perryman possess a wealth of knowledge and experience pertaining to the difficult times inherent in nearly every divorce. From business valuations to property distributions, alimony and child support, our team is here to help you navigate the present with an eye towards, and a plan for, your future.
At Gibson Perryman we know all about the burden a divorce brings upon one’s family and we are here to calmly guide you through the process. With the assistance of an experienced attorney at Gisbon Perryman who safeguards your rights and interests throughout the process, you will be left feeling less overwhelmed.
With an impressive legacy spanning almost a century of combined experience, our seasoned team of attorneys stand poised and resolute, radiating the expertise that only time and dedication can cultivate. The bedrock of this accumulated wisdom fuels our unshakable confidence in our abilities to adeptly manage and advocate for your divorce case. We understand divorce is an overwhelming topic, so we are here to help. You may be wondering, what are the grounds for divorce in Tennessee?
Grounds for Divorce in Tennessee
There are two different grounds for divorce in Tennessee. No-fault grounds and fault grounds. No-fault grounds for divorce in Tennessee include irreconcilable differences between the parties and a separation of at least two years among spouses with no minor children. Even though a Complaint may allege inappropriate marital conduct that doesn’t mean that fault will become a central issue in the case or that the divorce will be contested. There are legal reasons for including certain allegations and requests for relief which may or may not be likely to succeed.
For example, a parent who files for divorce may not actually be seeking custody of a child but may request child support from the other parent.
Fault-based grounds for divorce in Tennessee include:
Impotence since the date of the marriage
Adultery
Bigamy
Abandonment or desertion
Cruelty, which includes domestic violence
Alcohol or drug abuse
Imprisonment for two years or longer
Pregnancy of wife by another man at time of marriage without the husband’s knowledge
It is important to keep in mind, a spouse has the option to opt for a no-fault marriage. This option tends to make the divorce process simpler.
What is the Divorce Process in Tennessee?
To file for divorce in Tennessee, one spouse must have lived in the state for at least six months or more. Your divorce will either be be uncontested or contested. In an uncontested divorce, also called an agreed divorce, you and your spouse reach a settlement agreement that states the parenting and financial terms that should be in the divorce order. When spouses disagree on one or more terms, it is a contested divorce that proceeds toward trial. So what is the process for filing for a divorce?
Filing a Complaint
In Tennessee, filing an official complaint will begin the lawsuit process for the divorce. The person who files for divorce first will be the Plaintiff. Sometimes this complaint can also be referred to as a Petition for Divorce.
Clerk Issues Summons
After the Petition for Divorce is filed, the Clerk of Court issues a Summons. Both the Petition for Divorce and Summons must be served on the other spouse. Generally, a Sheriff’s Deputy or a private process server will serve the Complaint and Summons on the other spouse. This can also be done through a lawyer via mail. If the person receiving the Request for the Waiver of Service of Process refuses to accept service by mail and refuses to sign the waiver, the person seeking to serve the Complaint or Petition can ask the Court to assess the costs of the process server to the person refusing to sign the waiver.
Why Should I Consider an Uncontested Divorce?
If you choose to proceed with an uncontested divorce, the case will typically be substantially more affordable than a contested divorce. It is typically better for both parties to come to an agreement as to all matters in the divorce, i.e., property, alimony, custody and visitation, rather than having a neutral judge decide these for you.
How Long Does an Uncontested Divorce Take to Finalize?
An uncontested divorce can be finalized in roughly 75 days (60 days by statute, although the length it takes is ultimately due to the court’s schedule). However, if children are involved, it can take roughly 105 days (90 days by statute) to finalize. These times frames are are the required minimum in Tennessee to finalize an uncontested divorce. This time period of waiting is designed to give the parties a chance reflect on whether a divorce is truly necessary or whether reconciliation may be in order.
Alimony Law in Tennessee
Alimony is the legal obligation to support a spouse. Many states refer to this as spousal support. Tennessee refers to this as alimony. Tennessee has four types of alimony including:
Transitional alimony: Paid during the divorce process and ends when the divorce is finalized.
Rehabilitative alimony: Paid for a period of time until the receiving spouse acquires the skills, experience and/or education needed to become financially independent from the other spouse.
Long-term or permanent alimony: Paid to spouses who cannot support themselves due to age or disability
Lump-sum alimony: A one-time alimony award, provided in a single payment or scheduled installments.
There are many factors that a judge will consider when determining alimony for a spouse. Our team of attorneys at Gibson Perryman is here to help you understand those factors and how they may affect you.
While we encourage parties to work together as much as possible so they can achieve a relatively amicable divorce, we will accomplish a desirable resolution either in Alternative Dispute Resolution or at trial. In fact, we obtained one of the largest alimony awards in Shelby County history on behalf of our client.
We will ask the court for relief pertaining to dissolve the marriage, order child custody and child support, divide property and assets, award alimony for support and maintenance of the spouse, and any other relief our client requests. As long as your relief is brought up in the proceedings before entry of divorce, it can be ordered. Let Gibson Perryman leave no stone left unturned in your divorce case.
In Memphis, several factors determine spousal support or alimony in a divorce, and working with an experienced divorce attorney or family law attorney can help you understand how these factors apply to your case.
Courts typically consider the length of the marriage, the earning capacity of each spouse, the standard of living established during the marriage, and each spouse’s financial needs and obligations. Other factors may include the age and health of both parties, contributions to the household or career of the other spouse, and any history of marital misconduct.
A skilled divorce lawyer can guide you through the process of requesting or contesting spousal support, ensuring that your financial rights are protected and that any alimony award is fair and appropriate under Memphis law.
What protections are available in divorce cases of domestic violence?
In cases of domestic violence, a family law attorney or divorce attorney can help you secure legal protections to ensure your safety and the safety of your loved ones. Tennessee law allows victims to obtain restraining orders, protective orders, or orders of protection, which can prevent the abuser from contacting or approaching you.
These orders may also address child custody, visitation, and temporary support. An experienced divorce lawyer can guide you through filing these orders, represent you in court, and help you understand your rights while making sure the abuser is held accountable under the law.
Do I need a family law attorney for mediation or collaborative divorce?
Even in mediation or a collaborative divorce, having a family law attorney or divorce attorney is highly recommended. An attorney can review agreements, protect your rights, and provide legal guidance during negotiations.
We help you understand the implications of property division, child custody, and support arrangements, ensuring any settlement complies with the law. Gibson Perryman can guide clients through mediation or collaborative processes while safeguarding your interests with the support of an experienced divorce lawyer.
What is the process for filing for divorce?
Filing for divorce in Tennessee typically begins by hiring a Memphis divorce attorney or divorce lawyer who can guide you through the legal process. The first step is to file a petition for divorce with the appropriate court, stating your grounds for divorce.
A family law attorney will help ensure all required documents are completed correctly, assist with serving the petition to your spouse, and advise on issues such as property division, child custody, and support. Throughout the process, an experienced divorce attorney helps protect your rights and works to reach a fair resolution, whether through negotiation, mediation, or litigation.
What factors determine spousal support or alimony in a divorce?
In a divorce, several factors determine whether spousal support, or alimony, will be awarded and in what amount. Courts consider the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and any contributions made to the household or to the other spouse’s career.
A family attorney can help you understand how these factors apply to your case, while a custody attorney may provide insight if child custody arrangements could influence financial obligations. Experienced marriage lawyers can also guide clients through negotiating or litigating alimony, ensuring that your rights and interests are fully protected throughout the process.
How long does the divorce process typically take in Memphis?
The length of the divorce process in Memphis can vary depending on factors such as the complexity of property division, child custody arrangements, and whether the spouses can reach an agreement outside of court. A typical uncontested divorce may be finalized in a few months, while contested divorces can take a year or longer.
Working with an experienced family attorney can help streamline the process, ensure all necessary documents are filed correctly, and provide guidance on alimony or custody matters. Skilled marriage lawyers can also advocate for your interests, helping to resolve disputes efficiently and protect your rights throughout the divorce proceedings.
Can I modify a divorce decree after it has been finalized?
Yes, in Memphis, it is possible to modify a divorce decree after it has been finalized if there is a significant change in circumstances, such as changes in income, relocation, or the needs of the children. A qualified family attorney can help evaluate whether a modification is justified and guide you through the legal process.
A custody attorney can assist with adjustments to child custody or visitation arrangements, while experienced marriage lawyers can provide advice on modifying alimony or support provisions. Working with skilled legal counsel ensures that any changes to the divorce decree protect your rights and the best interests of all parties involved.
What steps should I take to protect my assets during a divorce?
To protect your assets during a divorce in Memphis, it’s important to take proactive steps with the guidance of experienced family attorney. Start by documenting all property, accounts, debts, and other financial holdings. A custody attorney can help ensure that child-related assets and support are properly accounted for, while marriage lawyers can advise on how alimony or spousal support may impact asset division.
Working with skilled legal counsel helps you understand your rights, negotiate equitable settlements, and safeguard your financial interests throughout the divorce process.
