Do you have a question concerning Divorce, Child Custody, Adoption, Child Support or any other family law-related question?  Ask your question on the right side of this page and Legal Line will refer it to the Nashville Bar Association for a reponse.

You might be thinking about consulting with a Tennessee family law attorney if you have serious issues questions concerning a domestic relationship involving your spouse, and/or children or other family members.  Family law attorneys in the Nashville area can provide professional legal services covering a wide range of situations including divorce, child custody, child support, adoption, guardianship, paternity, and domestic partnerships. They can also be of help with cohabitation agreements, pre- and post-nuptial agreements and post-divorce matters.

For the purposes of this article, we will focus on divorce related issues in family law.

About Divorce in Tennessee

Did you know that as many as 50 percent of all marriages end in divorce?  As a result of this startling statistic, more unhappy Nashville married couples are finding the need to engage the services of a Nashville divorce attorney.

The process of divorce can include resolving such issues as dividing marital assets and liabilities.  When children are involved – this can extend into child custody and visitation rights.  At times, spousal support (alimony) may also be part of the discussion.

Here in Tennessee, the two types of divorces are defined as:

(1)    Irreconcilable differences.  No proof of fault is required

(2)    Fault-Based Divorce.  Proof is required for grounds of divorce.

An irreconcilable divorce will require a signed agreement.  In situations where no children are involved, expect an irreconcilable to take a minimum of 2 months or more for processing.  When children are involved, this period of time could extend to a minimum of 90 days or more.  

There are 15 grounds for divorce involved in a fault-based divorce and proof will be required in at least one of these.   Two examples would include adultery, or continuous alcohol abuse.   In situations where no minor children are involved – a 2-year separation is also considered grounds for divorce in the state of Tennessee.   

Keep in mind that unless you are in possession of a decree signed by a judge, you are – from a legal perspective - still married.  Nothing you do should put you in a position where you are running afoul of your marriage vows.  

If you are considering getting in touch with a divorce attorney in the state of Tennessee, preparation is key and will save you both time and money.   For example, you should prepare a written summary of your debts and assets.   If you are able to access copies of your federal income tax returns filed during your years of marriage – include this information.    Have questions written out beforehand that will help provide you with a clear understanding of fees involved, various court costs and other related charges that you may incur.   Information is power.   Resolve to be fully informed on all related issues before your first meeting with a Nashville family law attorney.

If you choose to have a local attorney take your case, an engagement letter will be established between you and the lawyer.  This agreement will outline the terms involved and associated costs.  Read it carefully before signing – and again be prepared to ask questions if you are uncertain about any issues.      

To help you prepare for a meeting with a local Nashville family law attorney, this list of topics may be helpful:   

Fees Involved:  How much?  For what services?  What are the terms of payment?  What fees are you responsible for and what fees will your spouse be responsible for? 

Your Home:  Who retains ownership?  Will the home be sold and if so, how will proceeds be split?

Accumulated Property: Who gets the car?  Who gets the furniture and other property acquired during the marriage?

Alimony:  How will this be determined and what are the proposed terms?

Custody: What has been the history of Tennessee courts in the past on this issue?  What can be expected in your case? 

 Child Support:  How will this be determined and under for how long can child custody payments continue.  What happens if child support payments are not received in a timely manner?

 Child Visitation:  How?  When?  Exceptions?  School holiday situations?  Geographical concerns? 

About Mediation

Couples in the state of Tennessee interested in learning more about mediation can call the Mediation Association of Tennessee at 291-4168.

• My fiance, born male in Tennessee, had sex reassignment surgery in 1999. She has also been married in the state of Tennessee and has been divorced. I was born male in Arkansas, I am also a male to female transsexual. I have not had surgery. I'm certain that we can obtain a marriage license in Tennessee. Her drivers license denotes Female and mine denotes Male. The biggest problem may be proving that I am, in fact, still physiologically male. Should we succeed and are able to get married, are we breaking the law? Can the state of Tennessee refuse to recognize our marriage?
• My husbands son lives with his mother and we want to fight for custody. The mother and father were never married and have a legal contract signed for joint custody of the 3yr old child drawn up by lawyers. Where can I go to read about custody laws? I feel if the court truly looks in the best interest of the child, we have a very good chance of getting custody of the child, however, I want to be armed with as much knowledge as possible.
• My mother-in-law's relationship with my husband and I is very unstable. She is verbally abusive and is constantly fighting with our family. My husband and I decided that this was not a healthy environment in which to raise our 11 month old son. My husband and I have both decided that for the time being it would be best if she didn't see our son. She has since threatened to sue us for visitation. Does she have this right? Would this not violate our rights as parents to keep our child in a safe and loving environment?
• My husband recently passed away and our house was paid for at the time of his death. If by some chance I remarry would my new husband have any legal rights to my house if we divorced?
• I have been raising my nephew since he was 18 months old. He is now 13. I have not been able to insure him due to not having legal custody. My husband and I have filed him since he was 2 years old with no issues, which means to me as they stated he does qualify. The insurance company is saying no.
• My brother is serving time in State prison for a DUI conviction. His wife is living in the house they jointly own. He wishes to pursue a divorce and needs advice on if he can start proceedings while in prison.
• My daughter bought a home about 2 years ago. Now she is planning to get married. Will the marriage give her husband a legal interest in the home She is not planning to add him onto the title.
• My husband will be going to Iraq in February and his ex wife refuses to let me get the kids every other week. As his wife, do I have any rights to getting the kids? The court has ordered joint custody.
• I am wanting to file for divorce but don't know where to start. We have a daughter together and he is active duty Air Force. We are currently living together. How do I find the right lawyer and how much on average does it usually cost to start paperwork? Do lawyers give free consultations or free beginning advice?
• I have a 15-month old grandson. His paternal grandparents have temporary custody of him, however they want to terminate his parents parental rights and either obtain permanent guardianship or adopt him. What can we, as the maternal grandparents do to protect our visitation or stop the termination of parental rights and obtain custody of him ourselves?
• My son is 15 and he really hates going to his dads. He has to share a room with his dad cause his dad shares a 3 br apt with 2 other people. There are several other reasons none - that are abuse maybe, but maybe some neglect. We have been divorced 10 years. Our divorce papers say his dad has custody. We have joint but he has primary, but for the past year or so he has lived with me. He didn't see him at all over the summer and now he only sees him every other weekend when it is convienient for him. Does he have to go? Will I get in trouble if I don't force ?him to go
• My brother didn't show up in court when his exwife filed child support against him. He was held in contempt and a $15,000 bond was placed on him. Fast forward to the present, they finally caught up with him and he is now in jail. My question is, is there anything he can do to reduce the amount they are saying he owes for arrears and current. He wasn't working when he was picked up and really hasn't worked a stable job since she filed. They are going off the last wages that she knew he was making.
• My husband has been working in another state for 1 1/2 years. He returned a couple months ago with nearly $70,000 of debt. Some of that is on joint credit cards that he has defaulted on. Is there a way to legally separate our affairs without a full-fledged divorce?
• If two parents have 50/50 custody and one parent is moving across the state, what recourse does the father have to prevent this, in order to keep the 50/50 custody? Right now, my daughter & the boy’s father have him everyday 8 am through 6 pm and every other weekend.
• My ex-husband is behind in child support payments - more than a year behind. The state has not been much help. I don't understand why they will not make him pay or put him in jail. I have been to court several times about this matter. Any suggestions?
• My husband pays periodic alimony to his first wife. His exwife lives with her mother and has lived with her mother since the divorce about 3 years ago. Since she is living with a 3rd person. Is this grounds to petition the court for a reduction of alimony?
• My dad needs a divorce lawyer. There are many issues, such as his wife age 51 taking all of their liquid assets while he was incarcerated, totaling over $200K, including $130K on the home equity line and all of the bank accounts and retirement funds, leaving him with no money when he got out on bond. His social security cannot cover the first and now the huge second mortgages. He is 74, under house arrest and cannot contact his wife under court order. She is now a witness for the prosecution and did everything she could to keep him in jail as long as possible. He has no money, but does have a million dollar home. We need a divorce lawyer that knows the courts, can help him get back some of his money, and can travel for consults. His wife has already filed for divorce with a lawyer.
• My husband and I are considering a divorce. I currently have a child's savings account setup for our daughter which my name is on. Can he ask for half of the money from the account during a divorce
• What's the cheapest, easiest way for me to get a divorce? My husband and I have been seperated for almost a year and we have nothing of value between us. No children, either. I don't have the income to pay a lawyer, but I would like to be legally diverced.
• Can I file for petition to modify my child support myself? My ex wife is agreeable as our son is now over 18yrs. old.
• My ex-wife has filed for divorce but she has had a child with another man during our marriage. The divorce has been at a standstill for three months and neither of us have an attorney. I called to try and schedule a meeting with the judge to find out why the process has stopped but was told I will need to file a motion. Is there a motion I can file to get things back on track?
• Do I have the right to go to court and ask for visitation of my granddaughter from my son's ex wife?
• I recently got married. I have a son from a previous relationship. He currently has my maiden name as his last name. Can I legally change his last name to my new, married last name?
  
  
  
  
  
  
  
  
  
  
  
  
  

   

 

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