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The decision to end a marriage can be heartbreaking, even if you know that things need to change. Once you have made up your mind, dealing with the financial and legal complexities can easily become overwhelming.
A Red Bank divorce lawyer could be a vital part of your support system. By explaining what to expect and why things need to happen in certain ways, a dedicated legal professional helps you make sound decisions for your family.
Get a seasoned family attorney on your side as soon as you decide to divorce. With their help, you can move forward from this difficult time with less-stress and a sound peace of mind.
A divorce officially begins when one spouse files a Complaint for Divorce, asking a court to hear their case and settle matters pertaining to property division, child custody and support, and alimony. In most cases, the spouse who files must have been a Tennessee resident for at least six months preceding the filing. Exceptions apply to service members and in other unique situations. If neither spouse is a state resident, an experienced Red Bank divorce attorney could explain how to comply with the residency requirements.
Tennessee allows couples to file for divorce on the no-fault grounds of irreconcilable differences. A two-year separation if the couple has no minor children is also a valid basis for a no-fault divorce. However, the court will not accept either of these grounds unless the couple agrees on every aspect of the divorce. If the couple cannot agree, the court requires them to prove grounds for divorce.
The state of Tennessee offers 13 fault-based grounds for divorce, including:
Spouses often cite adultery as their grounds for seeking a divorce. If a spouse could prove adultery, Tennessee Code §36-5-121 allows a judge to consider adultery when deciding alimony. Any money the offending spouse used to conduct the affair is a waste of marital assets, and a judge could consider that when dividing the couple’s property.
Inappropriate marital conduct and indignities are the other two legal grounds for divorce in the state. These grounds cover cruel treatment such as physical abuse, withholding necessities like food or spending money, or other acts that create an intolerably hostile environment. A spouse must present evidence proving their grounds for divorce, so it is crucial to choose the grounds carefully during a consultation with a well-practiced divorce lawyer in Red Bank.
When a couple agrees on property division and alimony and has no minor children, they could file for divorce citing a no-fault ground and get their decree in about 60 days. If a couple has minor children, they also must agree on child custody, visitation, and child support. If they have agreements regarding all the pertinent issues and cite a no-fault ground for divorce, they could have their final divorce decree in about 90 days.
When a spouse files for divorce without agreements on all the relevant issues, a knowledgeable divorce attorney in Red Bank may recommend they cite one no-fault ground and one fault ground. Doing so leaves the door open for the couple to achieve a quicker, less stressful, more private, and less expensive divorce by reaching agreements during the divorce process.
Many couples engage in mediation or another form of alternative dispute resolution to create divorce agreements. Each party’s legal representative also could negotiate on their behalf. When the parties cannot reach an agreement on all relevant issues and the case must go to trial, a divorce could take two years or longer before it is final.
Divorce is a high-stakes process, and the decisions you make during it could impact you and your children for years to come.
A Red Bank divorce lawyer has the knowledge, empathy, and compassion to provide excellent representation in your divorce case. Call today to discuss your situation with a compassionate attorney.