Some common FAQ's asked during a divorce in Tennessee
The below is a list of some frequently asked questions people ask during the divorce process.
KNOXVILLE, TN, May 20, 2022 --
WE CAN HELP YOU UNDERSTAND THESE COMMON FAQ's
What is the cost of a divorce?
Divorce costs can be both fixed and variable. Fixed costs include filing fees for divorce, and fees paid to have divorce papers served on your spouse. Additional fees can be incurred for document preparation and legal representation. Depending on the complexity of the case, attorney fees can vary.
Who pays for a divorce attorney(s)?
Divorce requires that each party pay their own lawyer's fees. Legal fees can be ordered to be paid by one spouse to the other under certain circumstances.
How do I file for divorce?
The divorce process begins with the filing of a divorce petition. Your spouse is sent a copy of the same and will have a few days to respond. The case will proceed based on the response of your spouse, or lack thereof.
What is the divorce process in Tennessee and what is the best divorce process for me?
In the state of Tennessee, the divorce lawsuit begins with filing a complaint. The one who files the divorce is the plaintiff. The divorce lawyer can mail another lawyer or individual a lawsuit and the receiver can acknowledge the lawsuit by mail. At this point, the recipient can choose to answer or file a countersuit. Depending on how the receiver responds – the divorce process can end in a mutual agreement, divorce trial or settlement.
To find the best divorce process for you, please get in touch with a trusted Knoxville divorce lawyer.
What are the residency requirements for a divorce in Tennessee?
In Tennessee, a divorce may be granted if the plaintiff or defendant have lived in the state for six months prior to the filing of the complaint.
What are the grounds for divorce in Tennessee?
In Tennessee, we have two types of divorces: uncontested, which is usually due to irreconcilable differences, and contested, which requires proof of grounds. In a contested divorce – parties cannot agree and must go to court. Most cases are settled and granted on the basis of irreconcilable differences. Your attorney will talk to you extensively about grounds, burden of proof, and other available defenses if your case is unlikely to settle.
What should I do to prepare and plan for a divorce?
A pre-divorce plan is all about making smart choices with a clear mind. Additionally, if you fear your current income will not sustain you when you become single, you should start re-planning for your career. It is important to plan for your finances before a divorce so that after a divorce you put yourself in the best position possible financially and emotionally.
How long does a divorce take?
A number of factors can affect the amount of time it takes to get a divorce, some of which vary by state.
What are the steps to change your name after a divorce?
Following a divorce, changing your name is usually a straightforward procedure since your former spouse has no right to contest it.
How can I divorce amicably?
First – your marriage failed for a variety of reasons, but don't blame one another for it. You and your partner should engage in good faith negotiations in which you and your spouse should openly disclose all assets, debts, income, tax returns, bank accounts, etc. to determine what issues need to be discussed and resolved. An amicable divorce is possible with good faith negotiations.
Do I need a divorce lawyer?
The advice of a lawyer is usually wise when it comes to major life events or changes, such as divorce. They can guide you in protecting your rights as well as your children's rights.
Do I have to be separated from my spouse for a certain amount of time before I can get divorced?
The state of Tennessee does not require you to be separated from your spouse for a period of time before filing for divorce.
Is it possible for a divorce attorney to represent both parties?
In a lawsuit, you and your spouse are opposing parties. It would be considered a conflict of interest for an attorney to represent both of you at the same time.
How are assets and property divided in divorce in Tennessee?
A divorce action divides marital property; separate property is not. The term "property division" is used by courts and lawyers to describe this process. To divide property, all assets must be identified, classified, and valued.
How is Alimony / Spousal Maintenance awarded in Tennessee?
Alimony must be awarded at the time of divorce. Tennessee recognizes four types of alimony: alimony in futuro, rehabilitative alimony, transitional alimony, and alimony in solido. In Tennessee, the two most important factors in alimony determination are need and ability to pay.
Courts must consider the following factors in deciding alimony:
The relative earning capacity, obligations, needs, and financial resources of each party
The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earning capacity to a reasonable level
The duration or length of the marriage
The age and mental condition of each spouse
The physical condition of each spouse including physical disability or incapacity due to a chronic or debilitating disease
The extent to which it would be not desirable for a spouse to work outside the home because that spouse will be responsible for a minor child of the marriage
The separate assets of each spouse
Marital property division
The standard of living the spouses established during the marriage
The extent to which each party has contributed tangible and intangible contributions to the marriage, such as monetary contributions and homemaker contributions, and tangible and intangible contributions to the education, training, and increased earning power of the other party
The relative fault (who is more to blame) of the parties in cases where the court deems it appropriate to do so
Other factors, including the tax consequences to each party
What is a parenting plan in Tennessee?
In Tennessee, a PPP "Permanent Parenting Plan" is needed for parents to get divorced. The Permanent Parenting Plan (or PPP) outlines the rights and responsibilities of each parent. However, these plans can be created to fit your families' needs. The plan will lay out which parent has decision-making authority. Parents may share decision-making authority or only one may decide. Children will spend time with their parents during the weekdays, weekend, and holidays, according to the PPP plan. PPPs also stipulate how parents will settle disputes regarding PPPs. In addition, the PPP lists each parent's rights, which include the right to speak to their children over the telephone, the right to view their medical records, and the right to see their school records. Ask your attorney about your other parental rights if you would like to learn more.
In Tennessee, is it legal for a couple to live together as man and wife (common law marriage)?
Tennessee does not recognize common law marriages. If, however, a party has been legally married in a sister state that recognizes common law marriage, Tennessee will recognize their marriage.
Are you ready to speak to a top divorce lawyer in Knoxville TN? Mark A. Pienkowski, Esq., Family Legal Services can help you understand your rights. No matter what your Tennessee family law matter entails, you can be rest assured that our Knoxville law firm has the knowledge and skill needed to represent you. We focus exclusively on family law and are prepared to provide the tailored representation and counsel that you need to get the best possible results. Set up your consultation today!
Mark A. Pienkowski, Esq., Family Legal Services
7417 Kingston Pike - West Knox Plaza
Knoxville, TN 37919
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Contact InformationMark Pienkowski
Mark A. Pienkowski, Esq., Family Legal Services
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