Process of Divorce in Tennessee
When people make the decision to get married, everyone hopes for a long-lasting marriage. There are things that occur in a marriage that result in divorce. Unfortunately, nearly 40 to 50% of marriages end in divorce now, according to the American Psychology Association. In each state, there are steps to follow in the divorce process. This is what you need to know about initiating a divorce in Tennessee.
There are two categories of divorce. One is fault-based, and the other qualifies as non-fault-based. If the divorce occurs as a result of a partner’s action it’s fault-based. If no fault is available for either party, then it becomes not-fault based. Tennessee allows both types of divorce.
As stated before, if a divorce occurs due to the actions of a spouse, fault-based divorce is an option. These are some of the actions that qualify as a “fault-based” divorce.
- Inappropriate marital conduct
- Addiction to drugs or alcohol
- Living apart for two years with no children
- Felony conviction
- Attempt to murder in addition to Incarceration
- Sterility and impotence
- Neglect of spousal despite having the means to do so
A no-fault divorce results from any reasoning or blame cannot be proved as anyone’s fault. This type of divorce typically comes from irreconcilable differences or marriage breakdowns. As a result, no-fault divorces are more common than fault-based divorces. Every state recognizes this type of divorce, but only few validate both fault and no-fault. Therefore, make sure you know what type of divorce you are filing with the state of Tennessee.
Process of Divorce
These are some of the main steps in processing a divorce.
In order to start the divorce process, you need particular documents. The Tennessee court website provides access to specific documents. One way to ensure you fill out the correct documents is to consult with a lawyer. Your lawyer knows what needs to be accomplished in order to move to the next step. Divorce papers are oftentimes long and potentially confusing. However, working alongside an attorney ensure clear and concise clarification.
2. Serving Papers
Once divorce documents are complete, your spouse needs to receive them. In order to do this, your spouse will need to get “served”. Serving someone’s papers is just one way to know they were received. This oftentimes creates further waves, if the other spouse is not expecting it. You yourself do not have to do this. If you are working with a lawyer they can take care of this. Typically someone on the outside is hired to serve the divorce papers.
Once the ball gets rolling, things will need to be decided fairly quickly. Your lawyer can assist in sorting through this step. Property, alimony, child support, and custody are covered during this process. According to Tennessee law, each spouse will retain his/her separate property and while dividing shared property, factors will be considered. This guarantees fair delegation. A lawyer is extremely important at this point because they know how to work through this.
If you are filing for divorce in the state of Tennessee, Slaughter Law Firm can help. Attorney Frankie Slaughter Jr. specializes in family and domestic matters. Our firm dedicates itself to assisting clients with their personal legal means. Attorney Frankie Slaughter focuses his attention on his clients’ objects to ensure desired outcomes are met. Don’t spend time worrying about how to get through this divorce when we can provide you support and reassurance. Visit us online here or call us at (423) 844-0560 today!