Guiding Your Family Through Divorce
When you walked down the aisle on that special day, it would have never crossed your mind that the “happy ever after” would someday come to an end. Regardless, your marriage didn’t work out and now you have a lot of questions and emotions. You may feel uncertain about how to proceed.
At Ken Lawson Law, we understand what you are going through. Our attorney will take the time to listen to you and answer your questions. We want to help you make the best possible decision right now so that you are set up for a better future.
Handling Your Family Matters With Care
Most people never expect their marriage to end in divorce, and they certainly do not make specific plans for it. The emotional turmoil of this event, combined with a lack of knowledge about the process, can lead to poor decisions that adversely affect your life and your finances for years to come.
If you are facing a divorce in Chattanooga, let a family law attorney who cares about restoring order and providing a fair resolution work with you to protect your rights and help you move forward with your life. We understand that you are about to entrust your most private matters to someone you might not know very well. Our dedicated Hamilton County attorney and staff serve as good listeners, confidants and advocates for all our clients during their most difficult times.
We can assist you with all matters relating to your divorce:
- If you have children: We will ensure that your rights remain intact. We will fight for a custody arrangement that properly suits your unique family, and advocate for the financial and emotional well-being of your children.
- If you have financial concerns: We will help you understand the laws regarding child and spousal support. During property division processes, our attorney will make sure you get proper valuation for your assets.
- If you want the process to be amicable: We will explain the mediation divorce process and help you and your soon-to-be ex decide if those procedures will work better for your circumstances. If not, we will do our best to fight for your needs in the courtroom.
Frequently Asked Questions About Tennessee Divorce
We understand it’s not easy to decide to pursue a divorce. You probably have many questions about the process. We’re here to provide you with clarity and guidance during this difficult time. Below, our attorneys have gathered answers to some of the most common questions they receive from clients. For further inquiries, contact our firm today.
What are the grounds for divorce in Tennessee?
If you’re ending your marriage in Chattanooga, it’s important to understand the grounds upon which you can file for divorce in Tennessee. It is possible to file for no-fault grounds, meaning that you and your spouse are separating on the agreement that there are irreconcilable differences. However, if you and your spouse are unable to agree, then you may need to file for a fault-based divorce. Common grounds for a fault-based divorce include any of the following:
- Impotence or inability to procreate
- Bigamy by either spouse
- Adultery by either spouse
- Desertion of at least two years
- Conviction of a felony crime that results in prison time
- Conviction of a crime that makes the defendant infamous
- Inhuman treatment of the other spouse
- Malicious attempted murder of the other spouse
- Substance abuse
- Pregnancy of the wife by another man without the husband’s knowledge
- A spouse’s refusal to move to Tennessee
- Abandonment by either spouse
- A separation period of at least two years for spouses who do not have minor children
Our attorneys can help determine whether you have valid grounds to pursue a divorce and help you file appropriately.
How long does it take to get a divorce in Tennessee?
Every divorce is different and there are many factors that impact the length of a divorce. On average, most Tennessee divorces last anywhere between two to six months. However, divorces can take up to 18 months or two or more years depending on the nature of the divorce. Common factors that impact a divorce include the complexity of assets, the cooperation of spouses, whether children are involved and the court’s schedule. Tennessee also has a waiting period of 60 days after filing for divorce for couples without children and 90 days for couples with children which can add to the overall length of time.
What is the difference between a contested and uncontested divorce in Tennessee?
In Tennessee, the primary difference between a contested and an uncontested divorce lies in the level of agreement between the spouses and the resulting complexity of the legal process.
An uncontested divorce occurs when you and your spouse agree on all major issues, such as asset division, child custody and support arrangements. This type of divorce is generally quicker and less expensive, often taking as little as 60 to 90 days to finalize once the paperwork is filed. Legal fees are typically lower because the need for extensive negotiation or court appearances is minimized. Uncontested divorces also carry less emotional strain and uncertainty, as the outcome is mutually agreed upon, reducing the potential for conflict.
Conversely, a contested divorce happens when spouses cannot reach an agreement on one or more key issues. This leads to a more complex legal process, often involving multiple court hearings, mediation and potentially a trial. As a result, contested divorces can take several months or even years to resolve, significantly increasing both legal expenses and emotional toll. The uncertainty of a court battle adds stress, as the final decisions are left to a judge, and neither party can predict the outcome with certainty.
Overall, uncontested divorces offer a more straightforward, cost-effective and less stressful resolution compared to contested divorces in Tennessee.
Do I need a lawyer if both parties agree on custody, property division and other matters?
While it’s not legally required to have a lawyer if both parties agree on all matters in a Tennessee divorce, it’s often advisable to consult one. Even in amicable situations, a divorce lawyer can ensure that your agreement is legally sound and properly drafted while also protecting your rights. They can help you navigate complex legal procedures, file necessary paperwork correctly and address any potential issues you might have overlooked.
Additionally, a Chattanooga divorce attorney can review your agreement to ensure it’s fair and complies with Tennessee law. Having legal counsel can provide peace of mind and potentially prevent future complications.