Gatlinburg Divorce Lawyer
Ending a marriage is an incredibly emotional process. To make matters worse, the legal system you will have to navigate is very complicated. The divorce process can also be very expensive and time-consuming. You should not go through it alone. A Gatlinburg divorce lawyer will ensure no mistakes are made and help you obtain the fair settlement you deserve.
Requirements for Getting a Divorce in Tennessee
In order to get divorced in Tennessee, you must meet the residency requirements outlined in state law. One or both parties must have lived in the state for at least six months immediately prior to filing. The person who files for divorce, known as the plaintiff, must also state the grounds on which they want a divorce. Tennessee law also stipulates that couples must wait 60 days from the date of filing to finalize their divorce, if they do not have children together. The waiting period is extended to 90 days when a couple has children together.
Grounds for Divorce in Gatlinburg
In a fault-based divorce, the grounds for divorce essentially accuse one spouse of wrongdoing. Adultery, a felony conviction, an infamous conviction, willful abandonment of a spouse for at least two years, and cruelty are just a few of the grounds for a fault-based divorce. When filing on these grounds, a spouse must prove their accusations.
A no-fault divorce can be obtained if a plaintiff can prove one of the following:
- Irreconcilable differences, meaning the spouses are no longer compatible and that is unlikely to change, or
- The spouses have lived in separate residences and have not had marital relations for at least two years, and the spouses do not have minor children together.
Property Division During Divorce
Marital property includes any assets or debts acquired by the couple together during the marriage. In every divorce case, marital property is divided fairly, which does not necessarily mean equally. Couples can reach an agreement on the division of marital property on their own, or a court can intervene and make the final decision. In some cases the division of property is fairly straightforward while in others, such as when a business is involved, are far more complex.
Child Custody and Support
Legal child custody refers to the parent who has the authority to make decisions for the child. Physical custody refers to where the child will live for the majority of the time. All decisions about child custody are made according to what is in the child’s best interests. When the child lives with one parent most of the time, the other parent is usually required to pay child support.
Our Divorce Lawyer in Gatlinburg Can Advise On Your Case
Getting a divorce is never easy. Our Gatlinburg divorce lawyer at Fox, Farley, Willis & Burnette can make it easier. We will explain your options, help you determine which one is right for you, and ensure your rights are upheld so you obtain the fair settlement that is justly yours. Call us now at 866-862-4855 or chat with us online to request a consultation.
