Divorce Law

Tennessee divorce lawyers

Smith and Lepp are proficient divorce attorneys with years of experience dealing with Tennessee divorce laws.

Tennessee has two different types of divorce:

  • Irreconcilable differences
  • Fault-based

Filing for divorce- irreconcilable differences

In order to file for divorce on the grounds of irreconcilable differences, both parties need to agree not only to get a divorce, but on all aspects of the divorce. The parties need to prepare a Marital Dissolution Agreement, which states how all debts will be paid and how property will be divided.  If there are children, the parties need to prepare a parenting plan, which adequately provides for any children of the marriage such as the custody of the children, the amount of child support, and the visitation schedule. 

Filing for divorce- fault–based divorces

The possible grounds for a fault-based divorce are:

  • Abandonment
  • Adultery
  • Alcoholism
  • Drug abuse
  • Attempting to murder the other
  • Bigamy
  • Criminal conviction
  • Cruel and inhuman treatment
  • Desertion
  • Impotence
  • Indignities
  • Living separate and apart for two full years
  • Pregnancy of the wife at the time of marriage
  • Refusal to move to Tennessee
  • Stipulated grounds

Fault-based divorces are contested or uncontested. An uncontested divorce means the other party has not contested the divorce and did not file an answer to the divorce. In this instance, you can tell the court what you would like to happen and the court usually grants it. However, be aware that there are defenses to the grounds of divorce.

Time for divorce

The state requires a minimum of 60 days before an irreconcilable differences divorce can be granted if there are no children, and 90 days if there are children. If all details of the Marital Dissolution Agreement and Parenting Plan are not agreed upon within that time frame, your divorce may take longer.

If the divorce is fault-based and both parties have lawyers, you can expect a minimum of six months if both sides do not delay.

Contact us today

If you are going through a divorce, or have questions about divorce law in Tennessee, please contact us today for experienced, personal, legal help.

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