Experienced Collierville Divorce Lawyer Advocates for Clients’ Interests
Reputable Tennessee attorney provides outstanding legal services
Divorce is rarely easy, but your burden can be reduced with the assistance of an experienced attorney who safeguards your rights and interests throughout the process. Attorney William L. Hagan III at The Collierville Law Firm is a seasoned lawyer who has helped divorcing spouses in Tennessee achieve their goals in divorce litigation for more than 30 years. He has the knowledge and background to handle sensitive and oftentimes contentious issues involving child custody and visitation, alimony and property division. This includes extensive work representing spouses in high-asset divorce cases.
Is Tennessee an at-fault divorce state?
In Tennessee, you can file for divorce on either fault-based or no-fault grounds. A party in a fault-based divorce must show that their spouse committed misconduct or has a condition that forms the basis for ending a marriage under state law. Should you file for a no-fault divorce, neither party is blamed for causing the breakup. No-fault divorce is often quicker and less stressful, but the circumstances might make it advantageous to file on a fault-based ground. Our divorce attorney can advise you on the best way forward based upon your unique situation.
What are the grounds for divorce in Tennessee?
No-fault grounds for divorce in Tennessee include irreconcilable differences between the parties and a separation of at least two years among spouses with no minor children. Fault-based grounds include:
- Impotence since the date of the marriage
- Abandonment or desertion
- Cruelty, which includes domestic violence
- Alcohol or drug abuse
- Imprisonment for two years or longer
- Pregnancy of wife by another man at time of marriage without the husband’s knowledge
This is not a complete list of grounds and though you might be able to make a case for one of these times of grounds, there are many situations where a spouse opts for a no-fault marriage dissolution in order to make the process simpler.
Tennessee divorce process
To file for divorce, one spouse must have lived in the state for six months or more. Your divorce will either be be uncontested or contested. In an uncontested divorce, also called an agreed divorce, you and your spouse reach a settlement agreement that states the parenting and financial terms that should be in the divorce order. When spouses disagree on one or more terms, it is a contested divorce that proceeds toward trial. If your divorce is uncontested, we can draft or review your marital settlement agreement to ensure that you understand its provisions and that your interests are protected. Should your case go to trial, Attorney Bill Hagan is a proven litigator who will advocate in court for the result you seek based on the facts of your marriage.
Tennessee alimony and spousal support
Tennessee has four types of alimony, or spousal support. They include:
- Transitional — Paid during the divorce process and ends when the divorce is final.
- Rehabilitative — Paid for a period of time until the receiving spouse acquires the skills, experience and/or education needed to become financially independent.
- Long-term or permanent — Paid to spouses who because of age, disability or other circumstances cannot support themselves.
- Lump-sum — A one-time alimony award, provided in a single payment or scheduled installments.
There are various factors a judge will consider in determining and calculating alimony. We can help you understand those factors and how they may affect your situation.
Divorce and child custody in Tennessee
Parents who agree on child custody arrangements can submit their plan for approval by the court, but if they cannot agree a judge will determine custody based on what he or she believes to be in the best interests of the child. Both legal and physical custody may be awarded jointly or solely to one parent. Typically, the parent who spends less time with the child will be ordered to pay child support. Child support is calculated based upon the parents’ income and the number of children who are covered under the order. When we handle your divorce case, we can explain further how the state’s child custody and child support laws apply in your case.
Contact a Collierville lawyer for a free consultation regarding your divorce
The Collierville Law Firm provides effective, compassionate representation to Tennessee residents who are going through a divorce. Please call us at 901-614-0318 or contact us online to schedule a free initial consultation.