Divorce
Memphis & Collierville Divorce Attorneys at Gibson Perryman
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.
Why Choose Our Memphis & Collierville Divorce Attorneys
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.
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