Clarksville Divorce Attorney

• Child Custody
• Child Support
• Fathers' rights
• Paternity
• Orders of Protection
• Contempt/Enforcement
• Mediation

What is the difference between contested and uncontested divorces?

Broadly speaking, there are two types of divorces available under Tennessee law, an uncontested divorce and a contested divorce:

• Uncontested Divorce: A divorce process in which each spouse agrees on their divorce, including how to divide property and debts, whether spousal support should be paid, and custody and support of any minor children they have together. The spouses sign a written divorce agreement and parenting plan (as applicable), which the divorce judge approves and grants the parties’ divorce on the grounds of irreconcilable differences.
• Contested Divorce: A divorce process in which the spouses cannot reach an agreement on one or more issues in their divorce. In a contested divorce, the spouses submit these issues to the divorce judge to decide after each spouse questions witnesses, submits evidence, and argues their side of the case. If the parties don’t agree that they should be divorced, the filing spouse must also prove to the divorce judge that grounds for divorce exist.

The type of divorce you have will dictate the path you take towards finalizing your Tennessee divorce.

When considering which type of divorce to pursue, it is important to weigh both the emotional and financial implications. An uncontested divorce often involves less stress and expense, as it is more collaborative and requires less time in court. Contested divorces, though potentially lengthy and costly, may be necessary when crucial matters such as child custody or the division of significant assets are at stake. Having a seasoned attorney by your side can make a critical difference in ensuring your interests and rights are fully protected, no matter which path you take.

What are The Grounds for Divorce in Tennessee?

As we previously discussed, Tennessee has two kinds of divorces: contested divorces and uncontested divorces. In an uncontested divorce, you do not need to prove grounds for divorce. You and your spouse simply agree that you have “irreconcilable differences.” In a contested divorce, however, the plaintiff spouse must prove that one or more of the following grounds for divorce exist:

• The defendant's spouse is unable to have children
• The defendant's spouse is guilty of bigamy
• The defendant's spouse is guilty of adultery
• The defendant's spouse has deserted the plaintiff spouse for two years or more
• The defendant's spouse has been conviction of an infamous crime.
• The defendant's spouse is a felon sentenced to prison.
• The defendant's spouse is guilty of other inappropriate marital conduct against the plaintiff spouse.
• The defendant's spouse has attempted to murder the plaintiff spouse.
• The defendant's spouse is a habitual drunk or drug abuser.
• The wife was pregnant with another man’s child at the time of the marriage without the husband’s knowledge
• The defendant spouse has refused to move to Tennessee with the plaintiff spouse and been absent from Tennessee for more than two years.
• The defendant spouse has offered such indignities to the plaintiff spouse’s person as to render the spouse’s position intolerable. Thereby forcing the spouse to withdraw from the marriage.
• The defendant spouse has abandoned the plaintiff spouse and has refused or neglected to provide for him or her while having the ability to do so.
• Both parties have been separated for more than two (2) years and have no minor children together.

The grounds for divorce can overlap with other legal issues in your divorce, as Tennessee courts can consider evidence of at-fault grounds when determining alimony and, in certain cases, child custody and visitation.

What is the Tennessee divorce process?

Prior to your consultation, you should review some general information about the divorce process and requirements under Tennessee law. Divorce is a highly personal process, however, and no two cases are alike, so you should not substitute this general information for an experienced attorney’s proper legal advice.

Every Tennessee divorce begins with one spouse (known as the “plaintiff spouse”) submitting a Complaint for Divorce (a formal request for a divorce) to the court clerk’s office, who will then issue a Summons (a formal notice to the other spouse (known as the “defendant” spouse) to appear and present his or her side of the case).

The plaintiff spouse must usually have someone else personally deliver copies of these documents to the defendant spouse. Of course, special rules apply if the defendant spouse can’t be found or is actively avoiding attempts to deliver the paperwork.

Once served, the defendant spouse has thirty (30) days to file and serve an Answer (a formal response to the Complaint). The defendant spouse can also file a Counter-Complaint if he or she also wants a divorce or other relief from the court. If the defendant spouse fails to file an Answer by the deadline, the plaintiff spouse may ask for a Default Judgment, where the plaintiff spouse presents his or her side of the case without the defendant spouse’s participation.

Who can file for divorce in Tennessee?

Only Tennessee residents are permitted access to Tennessee courts. So, to file for divorce in Tennessee, you must meet one of the following qualifications:

• You or your spouse has resided in Tennessee for at least six (6) months before filing for divorce
• The spouse filing for divorce resided in Tennessee when the grounds for divorce occurred

If you are a member of the U.S. Armed Forces stationed in Tennessee, you can be considered a Tennessee resident after living here for at least one (1) year.

What County Should You File in?

If a Tennessee court can hear your divorce, the next question is: Which county do you have to file in? This is known as the “venue” for the divorce. Tennessee law permits you to file for divorce in any of the following counties (as applicable):

• In the Tennessee county the parties lived in when they separated
• In the Tennessee county in which the non-filing spouse resides
• If the non-filing spouse doesn’t live in Tennessee or is incarcerated, then in the Tennessee county in which the filing spouse resides

Do you have more questions about Tennessee divorce laws? Contact us today by calling (931) 398-5308.

What restrictions does Tennessee law impose on divorcing spouses?

When a contested divorce is filed in Tennessee, an automatic court order known as the Statutory Injunction or Automatic Injunction goes into effect that prohibits both parties from doing the following:

• No Getting Rid of Marital Assets. Transferring, assigning, borrowing against, concealing, or in any way wasting or getting rid of any marital assets without the other spouse’s consent.
• No Harassment or Abuse. Harassing, threatening, assaulting or abusing the other spouse.
• No Belittling Remarks. Making belittling remarks about the other spouse in the presence of any of the parties’ children or to either spouse’s employer.
• No Hiding or Destroying Electronic Evidence. Hiding, destroying, or spoiling any evidence electronically stored or on computer hard drives or other memory storage devices.
• No Relocating with Children. Except where a parent has a well-founded fear of physical abuse, relocating any of the parties’ children outside of Tennessee, or more than one hundred (100) miles from the marital home, unless either the other parent or the divorce court consents.
• No Changing or Cancelling Insurance Policies. Voluntarily canceling, modifying, terminating, assigning, or failing to pay premiums for any insurance policy (life, health, disability, homeowners, renters, automobile, etc.) that covers or names as beneficiaries either the spouses or their children unless either the other spouse or the divorce court consents.

In addition to other negative consequences, willful violation of the Statutory Injunction may result in a finding of contempt, which can result in a $50.00 fine and up to ten (10) days in jail for each act of contempt.

Is temporary relief available during the divorce process?

While your divorce is pending, numerous types of temporary relief are potentially available to you. Some common types of relief are as follows:

• Temporary Parenting Plans or Visitation Orders
• Temporary Financial Support
• Exclusive Possession of Marital Home
• Relief from the Statutory Injunction
• Parental Relocation
• Temporary Restraining Orders and Injunctions

How does a lawyer gather information during the divorce process?

Prior to trial, divorcing spouses will often participate in the “discovery” process where each spouse requests that the other spouse produce information or evidence needed to prepare for trial. There are four primary types of “discovery” available when going through a divorce in Tennessee:

• Interrogatories: Written questions that a party must answer in writing and under oath
• Request for Production of Documents: A written request that a party submit certain documents or records
• Requests for Admission: A written request that a party admit that certain facts are true, usually in order to narrow down the number of issues that will be contested
• Depositions: Taking a witness’ sworn oral testimony with a court reporter later producing a transcript of the testimony.

Tennessee has broad discovery rules: A party to a civil lawsuit (like a divorce) is entitled to obtain information from the other party regarding any relevant issue in the case, even if the requested evidence would not necessarily be admissible at trial. Nevertheless, a party may sometimes have a valid objection to the other’s request to be objectionable. In these situations, the best thing to do is to ask the judge for a protective order in which the judge may excuse the party from responding to the objectionable request or permit discovery of the objectionable information with certain terms and conditions.

Except for depositions, discovery responses are usually due within thirty (30) days, and failure to respond may result in the divorce judge issuing an order compelling the non-cooperating party’s responses.

What is mediation in divorce?

Mediation begins with a meeting where the mediator explains the process to both spouses and their attorneys. The spouses are then placed in separate rooms while the mediator facilitates negotiations by exchanging offers and providing insights. The process can take several hours, with each party typically covering half of the mediator’s fee. Tennessee law ensures confidentiality, protecting private information shared during mediation and prohibiting settlement offers from being used in court if no agreement is reached.

While mediation is usually mandatory under Tennessee law, exceptions do exist. The divorce judge can excuse the parties from attending mediation under the following circumstances:

• The parties can’t afford mediation
• The parties have signed a comprehensive written divorce agreement
• The parties have participated in a settlement conference with the judge
• Mediation is highly likely to fail
• The court finds other good cause to excuse mediation
• One spouse has been found to have committed domestic abuse or family violence that results in either an Order of Protection or a criminal conviction.

If mediation fails, the case goes to a divorce judge, who will resolve issues such as grounds for divorce, asset division, spousal support, child custody, and attorney’s fees.

How do you prepare for a divorce trial in Tennessee?

It goes without saying that it’s important for your divorce lawyer to show up to your trial prepared, and we prepare for trial in several ways, including:

• Interviewing and subpoenaing any necessary witnesses
• Obtaining any necessary documents or other evidence
• Researching any applicable laws and legal opinions
• Gathering information from the other spouse in pretrial discovery
• Preparing you to testify to the judge—and to withstand questioning by your spouse’s lawyer
• Outlining how we expect to prove the key facts and win the key arguments in your case
• Filing a thorough brief for the judge to review before trial

Do you have additional questions about Tennessee’s divorce laws? Contact us today to schedule your consultation with a Clarksville divorce lawyer by calling (931) 398-5308.