Divorce Attorneys in Nashville

No-Fault vs. Fault Divorce 

What Is No-Fault Divorce?

No-fault divorce represents a modern approach to ending a marriage, removing the need to prove wrongdoing by either party. In Tennessee, a no-fault divorce can be granted on grounds of “irreconcilable differences,” covering any conflict the spouses cannot resolve, signifying a permanent breakdown in the marriage. 

Choosing a no-fault divorce can make the process simpler and faster since it does not require evidence or a defense of fault. Without these court hearings, the no-fault process is often less adversarial and can foster more amicable agreements.

Grounds for Divorce in a Fault-Based Divorce

Fault-based divorces are often more complex and time-consuming because the spouse filing must prove the alleged misconduct of the other spouse.

Fault-based grounds in Tennessee can include:

• Adultery: Engaging in sexual relations with someone who is not your spouse.
• Desertion: One spouse abandoning the other for a certain period without an agreement.
• Felony conviction: When one spouse is convicted of a felony and is sentenced to prison.
• Habitual drunkenness or abuse of narcotics: Ongoing problems with alcohol or drugs that began after the marriage.
• Cruel treatment: Abuse or creating a fear of physical harm toward a spouse.
• Willful or malicious desertion: Leaving the marriage without reasonable cause for one year.
• Bigamy: Being married to another person before and during the marriage in question.
• Impotence: Inability to reproduce after marriage. 
• Pregnancy of the wife by another: Occurring at the time of the marriage, without the husband’s knowledge.
• Refusal to move to Tennessee: A spouse purposely avoids residency in Tennessee with their new spouse for two years.
• Indignities: Behavior that makes life intolerable for the other spouse.
• Attempt on the life of the other: A malicious attempt by a spouse to take the other’s life.
• Living apart: No cohabitation for two or more years when there are no minor children.

Divorce Residency Requirements in Tennessee

Before filing for divorce in Tennessee, residency requirements must be met to establish jurisdiction. At least one spouse must have lived in Tennessee for at least six months before filing. 

If the grounds for divorce occurred outside Tennessee, the filing spouse must have been a state resident at the time those grounds arose. If grounds arose within Tennessee, no minimum residency is required if the plaintiff is a resident when filing.

How Are Marital Property & Debt Distributed in Divorce?

Tennessee law requires an equitable, though not always equal, division of marital property and debt following a divorce. Marital property includes assets and debts acquired by either spouse during the marriage, no matter whose name is on the title. 

Marital property can include: 

• Real estate
• Bank accounts
• Investments
• Retirement accounts
• Vehicles
• Boats
• Personal belongings
• Businesses

Marital debt includes obligations such as: 

• Mortgages
• Car loans
• Credit card debts incurred during the marriage

Flexer Law understands that dividing property and debt can be one of the most contentious parts of a divorce. We work toward a fair and equitable division as guided by court policy, which considers factors such as the duration of the marriage, both parties' age and health, their contributions to marital property, and their respective earning capacities.

When a simple 50/50 split does not reflect fairness, we are ready to advocate for a division that serves our client's best interests. With over 40 years of experience, our divorce attorneys in Nashville have developed the knowledge and skills to assist with complex property divisions so our clients can move toward financial security post-divorce.

Spousal Support (Alimony)

In Tennessee, courts may award spousal support based on factors such as the length of the marriage, one spouse’s financial need, the other spouse’s ability to pay, and the standard of living during the marriage. 

Several kinds of alimony may be considered:

• Rehabilitative alimony: Assists a spouse until they can be financially independent.
• Permanent alimony: Granted after long marriages or where a spouse cannot support themselves due to age or health issues.
• Transitional alimony: Helps a spouse adjust to life after divorce.
• Temporary alimony: Awarded on a short-term basis during ongoing divorce proceedings.

Types of Child Custody & Support in Tennessee

Tennessee courts base custody and visitation decisions on the best interests of the child. 

There are two types of custody:

• Legal custody: The right to make important decisions for the child, such as those involving schooling and healthcare.
• Physical custody: Determines where the child lives.

Parents may share legal and physical custody (joint custody), or one parent may have primary custody. Typically, the noncustodial parent pays child support, which is calculated using income, number of children, and other factors.

Tennessee's Divorce Waiting Period

If you file for divorce on grounds of irreconcilable differences, a 90-day waiting period is required before the court can finalize your divorce, even if both parties agree. For fault-based divorces, this waiting period may not apply, though other delays may occur with more complex cases.

Modification of Orders

After divorce, either party can request changes to custody, visitation, or child support if there is a significant change in circumstances. However, alimony orders are more difficult to modify unless there is a major shift in financial circumstances.

Mediation

Tennessee encourages mediation in divorce, especially for issues like child custody and visitation. Mediation allows parties to resolve disputes without a trial. If mediation is unsuccessful, the case proceeds to court.