The average cost of divorce in Tennessee is around $10,000 in attorney’s fees and about $3,000 in additional expenses. This is slightly higher than the national average. You can expect to pay around $17,000 if you have alimony or property division issues.
How much does a divorce lawyer cost in Tennessee?
Hourly rates for divorce attorneys can range from $150 per hour to over $500 per hour, however a higher hourly rate doesn’t necessarily guarantee better experience, service or quality. Some attorneys may charge a different hourly rate depending on how complicated a case may be.
What is the average cost of an uncontested divorce in Tennessee?
The average cost of divorce in Tennessee is $12,600 per side and if you have minor children, that average jumps to $18,900.
How much does a family lawyer cost in Tennessee?
The average hourly rate for a lawyer in Tennessee is between $74 and $324 per hour.
What is a spouse entitled to in a divorce in Tennessee?
Tennessee divorce law is very clear – equitable distribution of marital property does not mean equal distribution. Equal division describes awarding 50% to each spouse, also described as a 50/50 split. But it is not unusual for divisions (settlements and trial results) to be close to a 50/50 split.
Who gets the house in a divorce in Tennessee?
Tennessee law considers each spouse’s separate property in determining property division. If one spouse has substantially more separate property, the other spouse is likely to be awarded a greater division of marital property.
How long do you need to be separated before divorce in Tennessee?
Do You Have to Be Separated Before Filing for Divorce in Tennessee? There is no requirement that you have to be separated from your spouse before you file for divorce in Tennessee unless you use the “two years separation with no minor children” grounds for divorce.
Is TN A 50/50 divorce state?
The State of Tennessee is not a 50 50 (fifty-fifty) state for division of marital property in divorce. Tennessee is an equitable distribution state for property division in divorce but courts are required to consider a list of factors in determining which spouse receives what assets.
How long does it take to get a divorce in Tennessee if both parties agree?
How Long Does it Take to Get a Divorce in Tennessee? In Tennessee, most divorces last two months to six months. But it could take 18 months or two years if the divorce is hotly contested or if the estate has complex assets which may need expert valuation. Divorce can take even longer in the rare case.
How does a wife get alimony in Tennessee?
In many divorces, the spouses will agree on an amount of interim support. But if the parties cannot agree, one spouse can apply to the court for temporary alimony. Thereafter, if the divorce case does not settle, then the supported spouse can ask the court to award alimony at the divorce trial.
How is alimony calculated in TN?
The amount of alimony paid per month will be determined by the supporting spouse’s ability to pay. The court will determine said spouse’s earning ability. The spouse’s earning ability is going to be determined by looking at the education, training and experience, ability to earn, assets, savings, and passive income.
How long can you be legally separated in Tennessee?
The grounds for legal separation are the same as for divorce. There are no-fault grounds including irreconcilable differences or living separate and apart for two years without cohabitation when there are no minor children.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
How do I get a free divorce in Tennessee?
- Both spouses must agree on all parts of the divorce.
- You and your spouse need to agree that you have “irreconcilable differences”
- One or both of you must have lived in Tennessee for the last six months or when the decision to divorce was made.
Can I file my own divorce in Tennessee?
In limited circumstances, it is possible to get an “agreed divorce” in Tennessee without hiring an attorney. The Tennessee Supreme Court has approved divorce forms that, if properly completed, must be accepted by all Tennessee courts that hear divorce cases.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
Is spouse entitled to 401k in divorce in TN?
Even if you aren’t accessing the funds at the time of your divorce, it’s possible that your 401(k) could be considered marital property. And since Tennessee is an “equitable distribution” state, that means that your 401(k) may end up included in the division of property during the divorce.
Does it matter who files for divorce first in Tennessee?
As in other states, Tennessee judges treat a petitioner and a defendant equally fairly. Therefore, officially, it makes no difference which spouse initiates a divorce. Yet, filing for divorce first in TN can bring several benefits that we will discuss below.
Does adultery matter in Tennessee divorce?
Is there an adultery law in Tennessee? Yes, adultery is a fault-based ground for divorce in Tennessee. Which spouse caused the divorce matters and can be an important factor when awarding alimony. Also, adultery can impact child custody orders.
Can a spouse kick you out of the house in Tennessee?
Yes, you can kick someone out of your house in Tennessee. If the person is an unauthorized subtenant or unauthorized occupant under Tennessee law, you must follow the legal eviction process to remove the individual, but you will only be required to provide 3 days’ notice.
Is dating during separation adultery in Tennessee?
Dating While Separated Is Marital Misconduct in Tennessee Divorce Law. In Tennessee divorce law, having sex with someone who is not your spouse prior to divorce, but after separation, is still adultery. Of course, dating does not necessarily lead to sexual relations, but it certainly can and often does.
Can a divorce be denied in Tennessee?
For a settlement, the spouses must agree on one divorce ground. If grounds are neither agreed to nor proven at trial, then the judge should not grant the divorce. In all, there are 15 possible grounds for divorce under Tennessee law.
How is debt divided in a divorce in Tennessee?
Division of Marital Debts in Tennessee Divorce: A Practical Approach. Just like marital property, debts that accrue during marriage are divided between spouses when they divorce. The trial court will not divide a debt that was accrued before or after the marriage.
What is considered adultery in Tennessee?
Tennessee defines adultery as voluntary sexual intercourse with a person other than your spouse. Some states have pure “no-fault” divorces and will not consider either spouse’s adultery during a divorce. In Tennessee however, courts can consider which spouse’s conduct caused a divorce, including a spouse’s infidelity.
What happens to the house in a divorce in Tennessee?
Tennessee is an equitable distribution state, which means all shared assets, those that belonged to both spouses during the marriage, are subject to division. Properties owned by one spouse or the other, such as student loans, family inheritance, or personal gifts, will likely remain that person’s property.