Crossville Divorce Attorneys Helping You Through Difficult Times
Even if it is not entirely unexpected, filing for divorce can still be a painful and difficult decision. The process is, by its very nature, fraught with tension and emotion, and can result in the couples involved becoming unwilling or unable to resolve issues amicably. Even if the divorce is mutual, there are still decisions to be made over custody of children, division of marital property, and both parties having a chance to come to terms with the end of their marriage and a change to everyday life as they know it.
The personal nature of the process means that a neutral party can be very useful, and this is where we come in. At Davis Law Firm, we have extensive experience in helping clients throughout Crossville to file for and finalize their divorce, and we will work with you to ensure that the process is fair, fast, and as easy as possible.
What Are the Two Types of Divorce?
The state of Tennessee offers two options for couples who wish to separate: fault and no-fault divorces.
These are perhaps the ‘easier’ option, as they allow couples to deal with their situation fairly amicably, usually allowing the option to split due to irreconcilable differences. Also known as an uncontested divorce, the process requires the couple to complete a settlement statement, which determines that all contested issues have now been resolved. In addition, both parties will need to maintain separate residences and live apart for two years prior to filing for divorce.
In the event that there are no children and everything is arranged and agreed amicably, a no-fault divorce can be processed within sixty days. Couples with children could have their final document within ninety days, provided that they can prove they have reached a mutually agreeable decision on custody issues and distribution of assets.
If for whatever reason, the couple in question is unable to come to the agreement required for an uncontested divorce, they will have the option to instead file for the more complex at-fault divorce. In order for this to be successful, they must prove that one of the accepted thirteen grounds applies. These are covered below:
- Adultery of either party; this includes both long-term affairs and one-off ‘flings.’
- Bigamy of either party – all second and subsequent marriages will be deemed void, and the other party will be permitted to file for divorce
- The impotence of either party at the time of the marriage
- Abandonment of husband to wife, including removing her from the home and refusing to provide support – the wife will then have grounds to pursue a divorce
- Refusal to move to Tennessee by either partner for a period of two years or longer
- Desertion by either spouse; for this to be a reasonable ground, the missing spouse must have been willingly, maliciously, or unreasonably away from their partner for a year or more
- Infamous crime conviction by either party under Tennessee law; examples include incest, horse theft, forgery, or rape
- Felony conviction of either party, including conviction, sentencing, and incarceration for a federal offense
- Substance addiction by either party, even if the other spouse was aware of this abuse prior to the marriage
- If a wife is pregnant by another man at the time of the marriage, her husband has the grounds for divorce
- Endangering the life of the spouse from either party, including attempts or threats to kill from one to the other. Proof of a conviction is not required for this ground to be used
- Cruel and inhuman treatment from either party – this may include verbal, physical, or sexual abuse, cruelty, or a willful and persistent hostile marriage environment that is created by a spouse.
Contested, or ‘at-fault- divorces tend to take longer than their no-fault counterparts, due to the more complex nature of the cases, in addition to disagreement, ill-will, and animosity from both sides. Contested custody issues can also extend the length of the process eighteen months or longer before a resolution is found.
How Do I File For Divorce?
Filing for divorce in Tennessee is a fairly simple process. In the event that the situation involves discussing the custody of children, the division of marital property, or requests for financial support, whether alimony or child support, then the case must be decided in a court.
The process begins with one party filing a verified divorce complaint with a local court, in the region where the spouses last resided together. Before filing a divorce petition, the party must have been a Tennessee resident for a minimum of six months; exceptions are made, however, for members of the armed forces, or if the divorce in question involves issues of domestic violence or child abuse.
This complaint will request relief from the court with regards to the dissolution of the marriage, an order for custody and visitation of any children, the division of marital property, awards for child support and alimony, and any other relief – this must be clearly and specifically outlined. A copy of both the summons and the complaint must be served to the other spouse for proceedings to begin.
How Can We Help?
Divorce can be difficult, and we want to help you make the process as painless as possible. Here at Davis Law Firm, we have worked with clients all over the Crossville region, and we have the skills, compassion, and knowledge you need to make your best possible case. Reach out to our experienced divorce lawyers today.
Contact us today at (865) 354-3333, and see how we might help support you through a challenging period.