Divorce and separation in tennessee

Divorce in Tennessee

Condemnation is a conditional remission or forgiveness, by one of the married parties, of a matrimonial offense committed by the other, and which would constitute a cause of divorce; the condition being that the offense shall not be repeated. This is great if your reconciliation is successful. However, if your reconciliation is not successful, you may inadvertently waive your grounds for divorce, which can put you at a disadvantage strategically. If you are not the at-fault spouse and are considering reconciling with your spouse, I strongly suggest that you enter into a reconciliation agreement with your spouse to preserve your grounds for divorce in the event that your reconciliation is not successful.

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Also, please note that reconciliation after a divorce may also have tax consequences you need to explore with your tax professional. There are times when divorce or separation may seem like the only solution to problems in a marriage; however, it is often not. Sometimes it takes the start of a divorce to motivate people to make an effort to save a once cherished relationship. However, this does not mean that you should threaten your spouse with a divorce in order to get them to comply with your wishes or win an argument.

After all, you want your spouse to love and respect you because they love you, and not because they are in fear of you leaving. Don't be embarrassed to consider reconciliation. If there is any possibly that you and your spouse are able to reconcile, then I strongly suggest exploring the possibility.

I believe it is important to exhaust all possibilities of saving a marriage before finally deciding to end it. If you are considering trying to reconcile, please schedule a divorce planning session with me so that we can talk about the effect that your reconciliation efforts will have on your divorce if reconciliation fails. During the divorce planning session, I will provide you with a game plan that you can implement to help give you peace of mind in knowing that you, your children, and your finances will be protected in the event that reconciliation is unsuccessful.

While trying to save your marriage, I recommend that you and your spouse give marriage and individual counseling a try. Although I take the emotional and psychological effects of divorce into consideration in my divorce practice, I am not a trained therapist; however, I will be happy to recommend a therapist if you need one. When contemplating divorce, it is important not to make a hasty decision.

Choosing to divorce or separate from your spouse is an important life changing decision that should not be made in a moment of fury or anguish. This is typically the case if one spouse initiated the separation and the other spouse was not in agreement. Please keep in mind that in Tennessee fault is a factor for the determination of alimony. Fault can also be taken into consideration when a court is determining child custody as the other spouse can argue that the best interests of your children are not the number one priority of the spouse at fault. Under Tennessee law, fault grounds are not considered in the division of marital property; however, it is important to note that the judges are human and every human has biases.

Thus, a judge may be more likely to distribute more marital assets to a spouse that is not at fault than to a spouse who is at fault. Tennessee Divorce Information Center. Throughout the divorce process, you will have to make many decisions that may have an immense effect on you, your finances, and your children. There are four core areas that you will have to make decisions regarding. They are child custody and visitation, child support, the division of marital property, and spousal support.

When considering a divorce in Tennessee, it is important that you become informed about your legal rights and responsibilities so that you can plan properly for your divorce. Our divorce planning sessions can be completed in our office, by phone, or by video conference. You may choose the method that is most convenient for you.

You can expect your divorce planning session to last from 45 minutes to one hour. That is why when you schedule a divorce planning session, our divorce attorney will send you an email informing you how to prepare for your divorce planning session.

Nashville Legal Separation Lawyers | Martin Heller Potempa & Sheppard

During your divorce planning session, our memphis divorce attorney will:. Review your questionnaire and other relevant documents to gain a thorough understanding of your particular situation;. Talk with you to learn more about your situation, your concerns, and your goals;. Share with you our thoughts regarding the strengths and weaknesses of your position;. Provide you with information relating to alimony, spousal support, distribution of marital assets, distribution of marital debt, child custody, visitation, and child support;.

Collaborate with you to set realistic goals and develop a legal strategy tailored to your unique situation and goals;.


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Provide you with an estimated cost of your divorce services; and. Discuss your payment options. There are many reasons why we might decide not to represent you, but if we make such a decision, it should never be taken personally. The payments for your attorney fees will be automatically drafted from the debit or credit card you provide in accordance with the payment plan you choose.

Please note that your divorce planning session is confidential and subject to the attorney-client privilege, even if you do not retain our Memphis divorce attorney. An uncontested divorce is a divorce in which y ou and your spouse:. To get started, click here to schedule a divorce planning session with our Memphis divorce attorney. When you purchase one of our contested divorce packages, we will attempt to negotiate a fair and reasonable divorce settlement with your spouse prior to initiating divorce litigation.

When you purchase one of our flat fee contested divorce packages, you will be charged one flat fee for us to handle your divorce case from the beginning until the conclusion of mediation, as the majority of divorce cases are resolved during mediation. If you and your spouse are unable to reach an agreement regarding all issues in regards to the marriage during mediation, we will require an additional fee for us to represent you during the litigation phase.

Do the parties have minor or dependenat children together? Copies of the Final Decree of Divorce are furnished to the parties in pdf format. Certificates of Completion of Parent Educational Seminar are filed. Motion for Default Judgment and Supporting Affidavits are drafted.

Motion for Default Judgment and Supporting Affidavits are reviewed. Motion for Default Judgment and Supporting Affidavits are signed. Petitioner attends Hearing for Motion for Default Judgment. Defendant has 30 days to provide answers to requests for discovery.

Legal Separation

Did the parties resolve all the issues during mediation? The Marital Dissolution. Agreement, Permanent Parenting Plan, and Final. Decree of Divorce are drafted. Decree of Divorce are reviewed. Decree of Divorce are signed. Agreement is filed with the court. Attorney and Client will discuss additional attorney fees for future services.

In Tennessee, you must go through a legal proceeding in order to obtain a divorce. The goal of the legal proceeding is to end the marriage and decide child sutody, child visitation, child support, alimony sometimes called spousal support , division of assets, and division of debts. Divorcing spouses can obtain a divorce by agreement or a divorce trial. The simpliest and often most cost efficient manner is by agreement. If you and your spouse have already reached an agreement regarding all the terms of your divorce, then your divorce is considered to be uncontested.

If you and your spouse have not reaced an agreement regarding all the terms of your divorce, then your divorce is contested. However, your divorce does not have to remain contested, even though it begins contested. The uncontested divorce process is typically quicker than the contested divorce process. A contested divorce typically takes a year or more. The following flow chart depicts the typical divorce process in Tennessee. Divorce A divorce is the legal dissolution of a marriage by a court order.

Annulment A divorce ends a valid marriage. The grounds for an annulment in Tennessee are: Insanity — To receive an annulment on the ground of insanity, the plaintiff must prove to the court that a spouse was insane or unable to understand the nature of marriage when the spouses married. If the spouse who was suffering from insanity at the time of the marriage later regains sanity during the marriage, and continues to live with the other spouse, it is likely that the marriage will not be annulled. Underage — To receive an annulment on the ground of underage, the plaintiff must prove to the court that one or both spouses was too young to be married and did not receive approval from their parent or the court.

The legal age for marriage in Tennessee is If one spouse is under 16 at the time of the marriage, but had permission from a judge to get married, then it is unlikely the marriage will be annulled. Incest — To receive an annulment on the ground of incest, the plaintiff must prove to the court that the spouses are related by blood so that their marriage is illegal under the laws of the state in which they married. In Tennessee, this requires that they be closer related than first cousins. Bigamy — To receive an annulment on the ground of bigamy, the plaintiff must prove to the court that a spouse had a living husband or wife at the time of the marriage.

If one spouse had a living husband or wife at the time of the marriage, but the husband or wife had been missing for at least five years without any signs of life, then it is unlikely that the marriage will be annulled. Duress — To receive an annulment on the ground of duress, the plaintiff must prove to the court that a spouse only married because they were coerced.

Fraud — To receive an annulment on the ground of fraud, the plaintiff must prove to the court that one spouse lied to the other about something that was important to the other in getting married, such as a pregnancy or inability to have children. The fraud or lie has to be essential to the marriage. An annulment is likely to be granted if the wife was pregnant by another man at the time of the marriage and the spouses had not had sexual intercourse prior to the marriage; or if one spouse lied to the other spouse about being infertile.

Impotence — To receive an annulment on the ground of impotence, the plaintiff must prove to the court that one spouse physically cannot have sexual intercourse. The impotence has to have existed prior to the marriage and be permanent.


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Denial of marital rights — To receive an annulment on the ground of denial of marital rights, the plaintiff must prove to the court that one spouse refuses to live with the other or have sexual relations during the marriage.