Divorce Information

Yes.  

In Tennessee, there are two types of divorce - uncontested and contested. The primary difference between the two is whether the parties involved agree on the terms of the divorce.

Uncontested Divorce:

An uncontested divorce is one in which both parties agree on all the issues related to their divorce, such as property division, child custody, child support, and spousal support. The process is usually faster and less expensive than a contested divorce. To obtain an uncontested divorce in Tennessee, the parties must submit a written agreement to the court that outlines the terms of the divorce, including a permanent parenting plan if there are minor children. If the court approves the agreement, the divorce can be granted without a trial.

Contested Divorce:

A contested divorce is one in which the parties cannot agree on one or more of the issues related to their divorce. In this case, the court will schedule a trial to hear evidence and make a decision on the disputed issues. A contested divorce can be more expensive and time-consuming than an uncontested divorce.

Additionally, in a contested divorce, the court will require mediation before proceeding to trial.

Overall, the type of divorce that is best for you will depend on your individual circumstances. If you and your spouse are able to agree on the terms of your divorce, an uncontested divorce may be the best option. However, if you have significant disagreements or disputes, a contested divorce may be necessary. It is important to consult with an experienced family law attorney to determine the best course of action for your situation for either uncontested / contested divorce.

In Tennessee, property is divided in a divorce based on the principle of "equitable distribution." This means that the court will divide marital property in a manner that is fair and equitable to both parties, taking into account a variety of factors.

Marital property includes all property acquired by either spouse during the marriage, regardless of whose name is on the title or deed. This includes assets such as real estate, bank accounts, retirement accounts, investments, and personal property like cars and furniture.

Separate property, on the other hand, is property that was owned by one spouse prior to the marriage, or was acquired by one spouse during the marriage through inheritance or gift.

When dividing marital property, the court will consider the following factors:

1. The length of the marriage

2. The age, health, and earning capacity of each spouse 3. The contributions each spouse made to the acquisition, preservation, or increase in value of the marital property 4. The value of each spouse's separate property 5. The tax consequences of the property division 6. Any other factors the court deems relevant

The court may also consider the fault of either spouse in the breakdown of the marriage, but this is not a determining factor in property division.

It's important to note that property division can be a complex and contentious issue in a divorce 

In Tennessee, marital property is any property or assets that were acquired by either spouse during the marriage. This includes:

1. Income earned by either spouse during the marriage.

2. Real estate or personal property acquired during the marriage.

3. Retirement benefits, pensions, and other employment benefits earned during the marriage.

4. Business interests acquired during the marriage.

5. Debts and liabilities incurred during the marriage.

Tennessee is an equitable distribution state, which means that marital property is divided fairly but not necessarily equally in a divorce. The court will consider a variety of factors, including the length of the marriage, the contributions of each spouse to the marriage, the earning capacity of each spouse, and the standard of living established during the marriage, in order to determine a fair distribution of marital property.

It is important to note that some property, such as gifts and inheritances received by one spouse during the marriage, may be considered separate property and not subject to division in a divorce. It is advisable to consult with an experienced divorce attorney to ensure that your rights are protected and that you receive a fair distribution of marital property.

In Tennessee, separate property is property that is owned by one spouse and is not subject to division in a divorce. Separate property can include:

1. Property that was owned by one spouse before the marriage.

2. Property that was acquired by one spouse during the marriage by gift, bequest, devise, descent, or personal injury award.

3. Property that is specifically designated as separate property in a valid prenuptial or postnuptial agreement.

Separate property is not subject to division in a divorce. However, any increase in the value of separate property during the marriage may be considered marital property and subject to division.

It is important to note that determining separate property can be complex, and it is advisable to consult with an experienced divorce attorney to ensure that your rights are protected. If you believe that you have separate property that should not be subject to division in a divorce, you should provide documentation and evidence to support your claim.

A parenting plan in Tennessee is a legal document that outlines the custody and visitation arrangements for children of divorced or separated parents. It is a comprehensive agreement that outlines how parents will share custody, make important decisions for their children, and handle day-to-day parenting responsibilities.

A parenting plan must be filed with the court as part of a divorce decree or custody order. The plan must be approved by the court and be in the best interests of the child.

A parenting plan typically includes the following information:

1. Custody arrangements: The plan will specify which parent has primary physical custody of the child and how much time the child will spend with each parent.

2. Decision-making responsibilities: The plan will outline which parent has the authority to make major decisions for the child, including decisions about education, healthcare, and religious upbringing.

3. Communication: The plan will outline how parents will communicate with each other about parenting matters, including how they will share information about the child's well-being and school performance.

4. Holidays and vacations: The plan will specify how holidays and vacations will be shared between the parents.

5. Transportation: The plan will outline how the child will be transported between the parents' homes, school, and extracurricular activities.

6. Dispute resolution: The plan will outline how disputes between the parents regarding parenting issues will be resolved.

A parenting plan is a legally binding agreement that both parents must abide by. If one parent violates the plan, the other parent can seek enforcement through the court.

In Tennessee, alimony (also referred to as spousal support) may be awarded during or modified after a divorce. The purpose of alimony is to provide financial assistance to a spouse who is economically disadvantaged or unable to support themselves after the divorce.

The court will consider several factors when deciding whether to award alimony, including:

- The length of the marriage

- Each spouse's income and earning capacity

- Each spouse's financial needs and obligations

- The standard of living during the marriage

- The age and health of each spouse

- Each spouse's contribution to the marriage (including homemaking and child-rearing)

- Any other factors the court deems relevant

There are several types of alimony in Tennessee, including:

- Rehabilitative alimony: awarded to help a spouse become self-supporting through education or job training

- Alimony in solido: a lump sum payment made to a spouse as part of the divorce settlement

- Transitional alimony: awarded to help a spouse transition from married life to single life

- Alimony in futuro: long-term or permanent alimony awarded to a spouse who is unable to become self-supporting due to age or disability

The amount and duration of alimony will vary based on the specific circumstances of the divorce. It is recommended that individuals consult with an experienced family law attorney to understand their rights and options when it comes to alimony in Tennessee.

Yes, retirement benefits can be divided in a divorce in Tennessee. Tennessee is an "equitable distribution" state, which means that the court will divide marital property in a manner that is fair and equitable to both parties. Retirement benefits earned during the marriage are considered marital property and are subject to division.

There are several types of retirement benefits that may be subject to division in a divorce, including:

1. Defined benefit plans: These are traditional pension plans that provide a fixed monthly benefit to the retiree. The value of the plan may be divided between the spouses using a Qualified Domestic Relations Order (QDRO).

2. Defined contribution plans: These include 401(k) plans, 403(b) plans, and IRAs. The value of these plans can be divided between the spouses using a QDRO or a transfer incident to divorce.

3. Government plans: Retirement benefits earned through government employment, such as military pensions or civil service pensions, may also be subject to division in a divorce.

It's important to note that only the portion of the retirement benefits earned during the marriage is subject to division. Any benefits earned before or after the marriage are considered separate property and are not subject to division.

The division of retirement benefits can be a complex process.

Divorce mediation in Tennessee is a process in which a neutral third party, called a mediator, helps divorcing couples resolve their disputes and reach a settlement agreement outside of court. The mediator facilitates communication between the parties and assists them in identifying issues and developing solutions that work for both parties.

Mediation can be a beneficial alternative to traditional divorce litigation because it is typically less expensive, less time-consuming, and less adversarial. Mediation also allows the parties to have more control over the outcome of their divorce, as they are the ones making the decisions rather than a judge.

In Tennessee, divorce mediation is mandatory for all contested divorce cases. The parties are required to attend a mediation session with a court-approved mediator before their case can proceed to trial. However, if the parties are able to reach a settlement agreement during mediation, they can avoid going to trial altogether.

Mediation can cover a wide range of issues related to divorce, including property division, child custody and visitation, child support, spousal support (alimony), and any other issues that need to be resolved in order to legally end the marriage. The mediator does not make decisions for the parties, but rather facilitates a discussion and negotiation process that allows the parties to come to their own agreement.

If the parties are unable to reach a settlement agreement through mediation, their case will proceed to trial and a judge will make the final decisions regarding their divorce.