In Tennessee, there are two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce. With a contested divorce, the parties cannot agree and must go to trial.
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.
How much does the average divorce cost in TN?
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 do I get a divorce in Tennessee?
- 1) Complete the Divorce Complaint. The first step in filing for divorce in Tennessee is completing the Complaint for Divorce form.
- 2) File the Forms.
- 3) Serve Your Spouse.
- 4) Settlement or Discovery.
- 5) Attend Parenting Class.
- 5) Continued Settlement Efforts or Divorce Trial.
Is TN A 50/50 state for divorce?
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.
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.
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.
What is the waiting period for divorce in Tennessee?
Tennessee law requires a mandatory waiting period, beginning when the complaint for divorce is filed, before a divorce can be granted for any reason. In cases where the parties have no children, the waiting period is sixty (60) days, and in cases with children the waiting period is ninety (90) days.
How does alimony work in TN?
Alimony can be paid before and after a divorce. In general, Tennessee law requires payment of alimony when one spouse has the ability to pay and the other spouse has the need for support. If a spouse has no need for support or the other has no ability to pay it, then alimony should not be awarded.
Does Tennessee require separation before divorce?
Does Tennessee require separation before divorce? Tennessee doesn’t require spouses to separate before divorce, unless a spouse files for a no-fault divorce based on two-year separation (as discussed above). But many spouses do separate before or during the divorce process.
Can a spouse refuse divorce in Tennessee?
A spouse’s refusal to remove to Tennessee with the other spouse without reasonable cause, remaining willfully absent for two years, is grounds for divorce. T.C.A. § 36-4-101(a)(8).
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.
Can you get a free divorce in Tennessee?
In Tennessee, there are times when married couples can get divorced using free online forms. Doing so could save the couple a significant amount of money. They still have to pay the court costs, but they would be able to avoid costly attorney’s fees.
Can I get divorced without going to court?
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.
What are the grounds for divorce in Tennessee?
The spouse’s impotency must have existed before the marriage and must be incurable. The inability to procreate alone is not sufficient grounds for divorce—the spouse must also be unable to have sexual intercourse. Desertion for One Year. The desertion must be malicious, intentional, or without reasonable cause.
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.
How is debt divided in a divorce in Tennessee?
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.
Do you have to split equity in a divorce?
When you divorce, you must divide your marital assets, including any equity in the family home. Equity is the difference between the value of real estate and the amount still owed on the mortgage.
What is the best way to handle a divorce?
- Recognize that it’s OK to have different feelings.
- Give yourself a break.
- Don’t go through this alone.
- Take care of yourself emotionally and physically.
- Avoid power struggles and arguments with your spouse or former spouse.
- Take time to explore your interests.
- Think positively.
Why do lawyers drag out cases?
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
How quick can I divorce?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.
Is TN A 50/50 custody state?
Yes, in Tennessee child support is based off the Tennessee Child Support Guidelines. If parents share 50-50/equal parenting time, child support is based upon each parent having one hundred eighty-two and one-half (182.5) days of parenting time.
Is there an adultery law in Tennessee?
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.
Does spouse have to be on deed in Tennessee?
Sole Ownership in Tennessee Tennessee does not recognize community property, homestead, or dower and curtesy. This means that spouses can buy, sell, or own property without the involvement of the non-owner spouse. The only exception to this is when using a deed of trust.
How long does uncontested divorce take in Tennessee?
In Tennessee, uncontested divorce (known as a simplified or agreed divorce) is the most efficient and cost-effective option, often taking 60-90 days. You and your spouse must agree on all aspects of the divorce and not require the assistance of a judge in a court of law.