You have tried to make your marriage a success, but you have concluded that divorce is the only way you can be happy. Or, if you caught your spouse cheating on you time and again, and you decide it is time to put yourself first, you may think of separating.
If you are in Knoxville, TN, and looking to file for divorce, find the best divorce attorney in Knoxville, TN, to help you out.
Dealing with divorce is a very stressful situation, especially when you are confused with the legal procedures. Besides, you may have all sorts of doubts, like, “who will have the custody of the kids?” or “will I lose if I don’t file first?” Let your Knoxville expert lawyers help you in this journey.
Here are some of the crucial things you must know about getting divorced in Knoxville, TN.
Grounds for Your Divorce
The grounds for filing your divorce may range from inappropriate marital conduct to irreconcilable differences. These are the two most common grounds that are catch-all reasons covering anything from incompatibility to not sharing chores around the house.
All in all, Tennessee divorce laws mention 15 grounds for divorce for either party, including impotence and incapability to procreate, adultery, convicted of a crime or felony, attempt to kill the spouse, habitual drunkenness or drug abuse, and others. If your spouse refuses to move to Knoxville, TN, to live with you or have not lived in the state for over 2 years, you can ask the court for a divorce.
Filing for Divorce in Knoxville, TN When You Have a Child
Both the parents must attend a mandatory 4-hour parenting class and exchange your requirements. You may discuss your preferences in the mediation meetings with a divorce attorney in Knoxville, TN so that you can arrive at an agreement. This way, you can avoid fighting the battle in a trial. Your attorney can help you achieve a mutually-agreeable resolution that is in the best interest of your child. If you cannot agree on custody and visitation, and the child is a minor, the court will decide these things.
Who Can File for Divorce?
Either of the parties can file for divorce. You can submit the petition by yourself or come to an agreement with your spouse and do it together.
In a no-fault divorce, you can claim incompatibility without pointing fingers at your spouse. An agreed divorce is when the couple states the grounds for divorce as “irreconcilable differences” in their petition and requests the court to approve it. It is the only reason they can mention in a no-fault divorce petition in Knoxville, TN.
A fault divorce is when one spouse alleges in their petition that it is the other party’s fault that the marriage is broken. You can also file for this case when you both cannot agree out of the court.
Requirements and Eligibility
- Either of you has to be a Tennessee resident.
- One of you should have lived in the state for a minimum of 6 months before the divorce filing.
- Specifically, for agreed divorce, you should not be expecting a child at the time of filing.
- You should not own any property jointly.
- You have to sign a Divorce Agreement that includes property division, custody arrangements, alimony, and child support.
Final Divorce Hearing
Although the spouse who files the divorce papers has to appear on the last date, it is better if the couple goes. You can ensure that your absence may not go against you in the trial. The judge will ask you some questions about your marriage and how you have decided to get a divorce. If your divorce is approved and your spouse is not present, you may have to inform them and send a copy of the order. If either of the parties isn’t satisfied with the Final Divorce Order, you may appeal within 30 days.
When Can You Get the Divorce Decree?
While the time to get a divorce in Tennessee varies from case to case, it can take a minimum of 60 days – that, too, if you don’t have children, and have agreed to file a mutual divorce petition. If you have children younger than 18 years, you may have to wait for 90 days after filing the paperwork. In contrast, if it is a fault divorce and the trial dates may get pushed too many times, it can take 8-9 months at the earliest.
It is precisely why you should hire a competent divorce attorney in Knoxville, TN. Avoid all the complications by getting your spouse to sign on the dotted line before submitting your petition. Your attorney can help negotiate a fair settlement for you and even prevent going to trial.