What is a legal separation?
A legal separation is very much like a divorce, without the finality of a divorce. The parties remain legally married, but the court will order a division of property and will establish support and maintenance. Either party could later sue for a divorce. Legal separations are not necessarily easier or cheaper than filing for [...]
Can I get an annulment?
Probably not. Annulments are only applicable in rare situations. Annulments are only granted when the marriage was void (illegal) or based on fraud or duress. An annulment can be granted in incestuous situations or if one party was a minor when the marriage ceremony was conducted. Annulments can be complex, and they are not [...]
If my spouse and I agree on everything, do we need an attorney?
What you are contemplating is known as an uncontested or Irreconcilable Differences (ID) divorce. Technically, you do not need an attorney for this process, but in reality you may need the legal help. There are certain documents that must still be drafted, even in an ID divorce. An experienced attorney will ensure that everything [...]
What does it mean to get someone “served”?
When a Complaint for Divorce or other Petition is filed with a court, the defendant must be served. This means giving the other party official notice of the case, which is done by "serving" the defendant with the papers that have been filed with the court. You may serve the defendant by using a [...]
What do I do if my spouse lives in another state?
This could potentially make your case more complicated. Be sure to check with a local family law attorney to see what needs to be done and if you can file in Tennessee. If Tennessee does not have jurisdiction over some portion of your case, you may simply be wasting your time and money by [...]
Which county should I file my divorce in?
You may file in the count where the defendant resides (if he or she is a TN resident), the county where you and the defendant were residing when you separated or in the county you are currently residing in (if the defendant is not a TN resident).
How long do I have to live in TN before filing for divorce?
Tennessee law requires that you live in this state for at least 6 months prior to filing for divorce. If you have recently moved to Tennessee and wish to file your divorce, contact our office today to discuss your options. Your length of residency may also affect which state can hear issues pertaining to [...]
How specific does my agreement need to be?
Whether you're drafting a Marital Dissolution Agreement, Agreed Order or Agreed Parenting Plan, specificity can be your friend. Although you and your ex may currently be getting along, and you believe that it is sufficient to agree to "alternate holidays with the children" or to "split retirement accounts", there may be disagreement later over [...]
What should I look for in an attorney?
If you have never worked with an attorney before, choosing one can be an intimidating process. First and foremost, family law cases are deeply personal, and you need to work with an attorney that you like and trust. Also, look for an attorney who is experienced in handling your type of case. If you [...]
Can I date while my divorce is pending?
No. It is never a good idea to date while you are still married. Until you have a final hearing on your divorce, you are legally married. Dating another person could affect your divorce. For example, if you are entitled to alimony, it could reduce the amount of your payments if the judge finds [...]