LaFollette Divorce Lawyer
Divorce is a legal process that legally terminates a marriage and the two spouses are no longer considered a married couple. There are different types of divorce a couple can obtain in Tennessee, depending on the facts of their case. If you are getting a divorce, you should not go through the process alone. There are many challenges that can arise, and they are not easy to overcome. Our LaFollette divorce lawyer can explain the law and how it applies to your case, and give you the best chance of obtaining a favorable outcome.
Types of Divorce in LaFollette
Divorces in LaFollette, and throughout Tennessee, are either contested or uncontested. Uncontested divorces are those in which the two spouses can agree that the marital relationship has broken down and there is no chance of reconciliation. In these cases, spouses can file for divorce on the grounds of irreconcilable differences. The issues a couple must agree on in an uncontested divorce are as follows:
- The division of marital assets,
- Which party will be the primary residential parent, if children are involved,
- The parenting and visitation schedule, and
- Whether either spouse will receive alimony and if so, the amount of support.
When a couple can agree to the different terms of an uncontested divorce, they must submit the agreement to the court. As long as the agreement is deemed fair and does not place one party at a disadvantage, the court will approve it and the terms within the agreement become legally binding.
If the two spouses cannot agree to all of the terms of divorce, the case is a contested one. This means that one spouse may have to file on other grounds, and prove them. For example, if one spouse filed on the grounds of adultery, they would have to prove that their spouse was unfaithful during the marriage. A family law judge will also make all other decisions in the case.
Residency Requirements in LaFaollette
Not everyone who lives in Tennessee can file for divorce in the state. People must meet the residency requirements to make sure that a Tennessee court has jurisdiction over the case. The residency requirements to get a divorce in the state are as follows:
- The spouse who files for divorce must have been a resident in the state for at least six months prior to filing.
- If the divorce is being sought due to an emergency, such as domestic violence, and neither spouse has lived in Tennessee for at least six months, the emergency situation must have happened in the state.
- The spouse who does not file for divorce must be served with the petition, even if they do not live in Tennessee.
Call Our Divorce Lawyer in LaFollette Now
If you are thinking about ending your marriage, do not go through the process alone. At Fox, Farley, Willis & Burnette, our LaFollette divorce lawyer can guide you through it, advise of the laws that apply to your case, and ensure your rights are upheld at all times. Call us now at 423-226-3787 or contact us online to request a consultation.
