Going through a divorce is stressful and complicated. We understand this and strive to provide clear, compassionate guidance through the entire process. Whether you need advice about your options before you file for divorce or whether you are ready to file immediately, with Jones, Green, & Tackett Law, PLLC, you will have a committed legal team at your side.
THE PROCESS: Every divorce case is unique, which is why we work with our clients to determine which path is best for your specific situation. Sometimes, couples can do an “uncontested divorce,” which means that they are able to agree on the terms of property division, debt division, and parenting time arrangements. Other times, cases will follow the more traditional “contested divorce” process where one person files and serves the other person with a copy of the court pleadings.
LENGTH OF TIME: In Tennessee, a divorce will take 2-3 months at a minimum for uncontested divorces and up to 6 months to 1 year for contested divorces. Of course, the length of time will vary depending on your specific situation and goals. But your attorney will work with you to keep the case moving forward.
DIVIDING PROPERTY: When it comes to dividing property and debts, the Court will first consider whether they are “separate” or “marital" assets or debts. Typically, separate assets and debts—which include property owned before marriage, gifts, or inherited property—will go with the individual who acquired them. There are some special exceptions to separate property. If it has been “co-mingled,” it can be argued that separate property became marital property. Marital assets and debts are to be split “equitably” according to Tennessee. Equitable does not necessarily mean equally and the court is instructed to look at a variety of factors to determine how to divide assets and debts. Working with your attorney, you will discuss your specific property situation and concerns to determine more accurately what you can expect in your case.
ALIMONY: Alimony has changed significantly in recent years and it is not common to see longterm alimony any longer. However, the Courts do still award alimony in cases. There are a list of statutory factors the Court is required to consider, the most important of which are one spouse’s need for support and the other spouse’s ability to pay support. Speak with one of our attorneys about the different types of alimony and what you might expect to see in you particular case.
CHILDREN: If you have children, you will also receive a parenting plan in your divorce to divide the parenting time you exercise with your children. The Court has a variety of factors it is required to consider when determining custody arrangements. Often, the Court will try to maximize the amount of time each parent has to spend with the children and will give both parents equal parenting rights and decision-making. However, each situation is unique and the attorneys at Jones, Green, & Tackett Law, PLLC, pride themselves in crafting unique parenting plans that are customized to your specific situation and designed to last as long as possible and be as flexible as possible.
CHILD SUPPORT: Child support is required to be set in every divorce involving minor children. The State of Tennessee created a formula that determines the child support obligation owed to either parent. This formula takes into account the custodial time each parent exercises, the parties’ respective incomes, costs of health insurance, cost of work-related child care, and any other children each parent is supporting, among other factors. The formula will then set a specific chid support obligation for the parents. Our attorneys will be able to talk with you in more detail about your specific case and any concerns you may have.