Filing for Divorce with a Family Law Attorney in Brentwood and Franklin, TN

Obtaining a divorce is a complex legal process that demands careful attention and professional guidance. If you are filing for divorce or already involved in a divorce proceeding in Franklin and Brentwood, Tennessee, it is important to have an attorney familiar with Williamson County courts and an understanding of local laws and court procedures. At Lee Jackson Law, we understand the intricacies involved in the divorce process.

Common Issues Addressed by Your Divorce Attorney

Grounds for Divorce in TN

Tennessee law recognizes both "no-fault" and "fault-based" grounds for divorce:

1. No-Fault Divorce: Irreconcilable Differences Also referred to as an “agreed divorce” or an “ID divorce,” this is the most common ground for divorce in Tennessee. It simply means that the marriage has broken down beyond repair and there is no reasonable hope of reconciliation between the parties . To proceed on this ground, both parties must agree on all issues in the divorce (such as property division, spousal support, and any child-related matters), and enter a signed marital dissolution agreement (“MDA”). If the parties cannot agree on every aspect of the divorce, then the divorce must proceed on a fault ground.

2. Fault-Based Divorce: Pursuant to T. C. A. § 36-4-101, the following are causes of divorce from the bonds of matrimony:

(1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;

(2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;

(3) Either party has committed adultery;

(4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;

(5) Being convicted of any crime that, by the laws of the state, renders the party infamous;

(6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;

(7) Either party has attempted the life of the other, by poison or any other means showing malice;

(8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;

(9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;

(10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;

(11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;

(12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;

(13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;

1. Equitable Distribution of Marital Property: Tennessee is an "equitable distribution" state. This means that marital property and debts are divided fairly, though not necessarily equally, between the spouses. Marital property generally includes assets acquired during the marriage, regardless of whose name is on the title. Separate property, typically acquired before marriage or by gift/inheritance, is usually not subject to division, though there are certain situations where separate property is converted into marital property, through a process called transmutation.

2. Spousal Support (Alimony): Alimony refers to financial support payments made by one spouse to the other after divorce. Tennessee law considers various factors when determining alimony, including the parties’ earning capacity, education, standard of living during the marriage, the ability of the payor to pay, and the need of the payee. There are different types of alimony (e.g., in futuro, in solido, rehabilitative, transitional).

3. Child Custody (Parenting Plans, Decision-Making, Residential Schedule): When minor children are involved, creating a parenting plan is required, whether that is done by agreement of the parties or by the Court after a trial. This plan addresses:

   • Legal Custody/Decision-Making: Who makes major decisions about the children's education, healthcare, and religious upbringing. These may be joint.

   • Physical Custody/Residential Schedule: Where the children live and the visitation schedule for each parent. Tennessee law favors arrangements that “maximize” contact with both parents, if it is in the child's best interest.

4. Child Support Calculations: Child support is determined based on the Tennessee Child Support Guidelines, a formula that considers both parents’ incomes, the number of children, the amount of time each parent spends with the children, and other factors like health insurance premiums and childcare costs. The Tennessee Child Support Calculator can be found here: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-guidelines/child-support-calculator-and-worksheet-1.html

A Step-by-Step Divorce Process with a Family Law Attorney

While every divorce is unique, there's a general procedural framework you can expect when filing for divorce:

A. Initial Consultation

The process typically begins with an initial consultation with an attorney. This meeting is crucial for several reasons:

• It allows your attorney to understand the specifics of your situation, including your marriage's history, the potential issues involved, and any immediate concerns.

• You'll learn about your legal rights and obligations, and receive an honest assessment of potential outcomes, and what to expect during the divorce proceedings.

• It's an opportunity to discuss the legal fees and the general timeline for the process.

What to Bring/Prepare: To make the most of this meeting, gather any relevant documents such as:

• Copies of any legal documents if a divorce has already been filed by either party.

• Several years of tax returns

• A list of significant assets and debts

• A general understanding of the current value of the assets and liabilities involved, such as bank accounts and/or credit card debt.

• Any existing prenuptial or postnuptial agreements

B. Filing the Complaint for Divorce

Once you've decided to proceed and retained your attorney, your attorney will draft and file the “Complaint for Divorce” and other associated documents with the appropriate court. This legal document formally initiates the divorce process and outlines the general information of the parties and the plaintiff’s requests, such as the grounds for divorce, property division, and custody arrangements.

C. Service of Process

After the Complaint is filed, the other spouse (the defendant) must be legally notified of the divorce action. This is called "service of process" and ensures they are aware of the proceedings and have an opportunity to respond. Your attorney will ensure proper service is made, typically through a sheriff's deputy or a private process server.

D. Temporary (Pendente Lite) Orders

Upon the filing of all divorces in Tennessee, there is an automatic statutory injunction, or restraining order, that goes into effect for both parties. This includes general prohibitions, such as the dissipation of marital assets or disparagement of the parties to certain people.

In some cases, immediate issues need to be addressed while the divorce is pending. Your attorney may file a motion or motions for temporary orders (aka pendente lite orders) to establish interim arrangements. Common topics for temporary order include:

• Child custody and visitation

• Child support and spousal support (alimony)

• Exclusive use of the marital residence or vehicles

• Payment of household expenses

• Restraining orders to prevent the dissipation of assets.

Additionally, some cases may require the Court to enter emergency restraining orders after a showing that one party or the parties’ children or their property is in danger of immediate and irreparable harm by the other party absence action from the Court.

All of these temporary orders, once entered, remain in effect until a final divorce decree is issued or they are modified by agreement of the parties or the court.

E. Discovery Phase

The "discovery phase" involves the formal exchange of information between both parties. This is critical for ensuring a fair and equitable resolution. Your attorney will guide you through this process, which include:

• Interrogatories: Written questions answered under oath.

• Requests for Production of Documents: Requests for financial records, employment records, and other relevant paperwork going back years.

• Depositions: Out-of-court sworn testimony taken from a party or witness.

F. Negotiation and Mediation

The vast majority of divorce cases are resolved through negotiation, mediation, and settlement rather than a full trial. While some parties are able to reach an agreement through counsel or on their own, most divorce cases are resolved through the process of formal mediation.

Mediation is a highly effective tool in this phase and is required by the majority of courts before the divorce can go to a trial. A neutral third-party mediator helps facilitate communication and compromise between the spouses, aiming to find common ground and avoid contentious litigation. Your attorney will prepare you for mediation and represent your interests during these sessions.

G. Court Hearings / Trial (If Necessary)

If a settlement cannot be reached through negotiation or mediation, your case will proceed to court for a trial. During a trial, both parties present their arguments and evidence to a judge, who will then make a final ruling on all unresolved issues (e.g., property division, custody, support). While trials can be lengthy and expensive, your attorney will be prepared to advocate vigorously on your behalf.

H. Marital Dissolution Agreement and Final Decree of Divorce

If the parties are able to settle all issues in the divorce, they will enter into a Marital Dissolution Agreement (aka “MDA”). The MDA is like a contract between the parties and is incorporated into the Final Decree of Divorce. The Final Decree of Divorce is a legally binding court order that formally ends the marriage. It either incorporates the agreement of the parties (MDA) or, if there is no agreement by the parties, enters the court’s order as to all terms of the divorce after a trial.

Why a Local Franklin & Brentwood Family Law Attorney is Indispensable

While any attorney licensed in Tennessee can theoretically handle your divorce, choosing a local family law attorney in Franklin and Brentwood offers significant advantages:

• Familiarity with Williamson County Courts: We regularly appear in Williamson County Courts. This means we are familiar with local court procedures and judges. This local insight can often streamline the process and anticipate potential hurdles.

• Tennessee-Specific Expertise: Divorce laws vary significantly from state to state. Our practice is deeply rooted in Tennessee family law. We possess an in-depth understanding of state statutes, prevailing case law, and how legal precedents are applied in our local courts. This specialized knowledge is critical for crafting effective legal strategies.

• Tailored Legal Strategies: Your divorce is unique, and a one-size-fits-all approach won't suffice. A local attorney can develop a personalized legal strategy that addresses your specific circumstances, assets, family dynamics, and goals, whether you seek an amicable separation or robust litigation.

• Protecting Your Interests: From ensuring an equitable division of complex assets to safeguarding your parental rights and securing appropriate financial support, your attorney acts as your primary advocate. We work tirelessly to ensure fair outcomes that protect your future.

• Reducing Stress: The legal complexities of divorce can be overwhelming. By handling the paperwork, court appearances, negotiations, and legal arguments, your attorney frees you to focus on your emotional well-being and the needs of your family during this challenging period.

Choosing the Right Attorney for Your Franklin/Brentwood Divorce

Selecting the right family law attorney is one of the most critical decisions you'll make during your divorce. Consider the following:

• Experience in Family Law: Look for an attorney with a significant portion of their practice dedicated to family law in Tennessee.

• Communication & Responsiveness: Choose an attorney who communicates clearly, explains legal concepts in understandable terms, and is responsive to your calls and emails. You need to feel heard and informed.

• Compassion & Professionalism: While you need a strong advocate, you also need someone who understands the emotional toll of divorce and approaches your case with both empathy and a high degree of professionalism.

• Comfort & Compatibility: As divorces often involve extremely personal issues, it is important that you feel comfortable with your attorney.

Conclusion: Your Path Forward

Though facing divorce in Franklin or Brentwood, Tennessee, can feel overwhelming, having someone on your side who can show you the way forward will help. Let Lee Jackson Law serve as your trusted guide and unwavering advocate, ensuring that your rights are protected and that you achieve the most favorable outcome possible for your future and your family.

The decisions made during your divorce will have lasting impacts. Taking the first step by seeking knowledgeable legal counsel is paramount. If you are considering divorce or have questions about the process in Franklin or Brentwood, Tennessee, contact Lee Jackson Law today for a confidential consultation. Let us help you understand your options and protect your future.

Telephone: (615) 376-9933

Email: Lee@LeeJacksonLaw.com