Nashville Divorce Lawyer
Legal Counsel Backed by 10+ Years of Experience
When a marriage ends it is normal to have questions, feelings of uncertainty,
and anxiety about the divorce process. The Nashville divorce attorneys
at the Collins Law Firm can answer your questions and guide you through
the process. Whether you and your spouse agree on everything or your divorce
is contested, the attorneys at the Collins Law Firm can represent you
through every step of your unique divorce process and offer solutions
to whatever problems or concerns you may face throughout your divorce.
If you and your husband or wife have an agreement, you may have an uncontested
divorce. An uncontested divorce in Tennessee can save you time, money,
and stress and take as little as sixty days if you do not have children
and ninety days if you do have children. An uncontested divorce does not
require proof of fault by either party.
- Both spouses must agree on the following issues:
- Child Custody
- Parenting Time
- Child Support
- Division of Property
- Division of Assets
- Division of Debts
When both spouses agree on all of the issues, they may be able to be divorced
on the grounds of irreconcilable differences on the terms of an agreed
Permanent Parenting Plan and Marital Dissolution Agreement.
The Nashville divorce lawyers of the Collins Law Firm can draft the necessary
documents required for an uncontested divorce or they can review documents
that are drafted by your spouse’s attorney.
Divorcing couples may not always be able to reach an agreement on all of
the terms of a divorce or on or both parties may have grounds for divorce
against the other. Because Tennessee is a “fault” state, there
must be proof of fault, or legal grounds for divorce, by one or both parties
for the court to grant a divorce.
If a couple is not able to reach an agreement, the court will conduct a
divorce trial. The court will determine the grounds for divorce from among
the fifteen grounds for divorce recognized by the law and will divide
all of the couple’s property, assets, and debts, create a parenting
schedule, set child support, and set alimony if necessary.
The contested divorce process can be lengthy and stressful, but the caring
and experienced Nashville divorce attorneys at the Collins Law Firm can
guide you through the process to help you to reach your best achievable
result at trial.
Property Division in Divorces
In a divorce, the court must divide the marital estate equitably. The marital
estate is all of the property, assets, and debts of the parties, regardless
of in whose name the debt or property is maintained.
Certain property may be considered separate property while other property
may be considered marital property, depending on several factors in Tennessee
law. The Court may also classify the appreciation and/or the change in
the value of the property as separate or marital property.
The court must divide the property in a divorce equitably, regardless of
fault by either party. An equitable division does not necessarily mean
an equal division, so the property may not always be divided fifty-fifty.
Either party may request or be awarded alimony in a divorce, regardless
of gender. The laws regarding alimony in Tennessee have undergone significant
changes recently, but our experienced divorce lawyers in Nashville can
answer your questions about alimony and help you determine whether you
may be eligible to receive alimony or may be at risk of paying alimony
in the future.
If one spouse requests alimony from the other, the court will evaluate
and consider numerous factors proscribed by Tennessee law. These factors
will determine the type of alimony, if any, as well as the amount, duration,
and the manner of payment. According to the Tennessee Supreme Court, the
primary consideration of the divorce court is “the disadvantaged
spouse’s need and the obligor spouse’s ability to pay”
alimony. Ultimately, the decision of whether to award alimony falls soundly
within the discretion of the trial judge.
- Some factors that may determine alimony:
- The earning capacity, obligations, needs, and other financial resources
of each party
- The length of the marriage
- The age and mental condition of each party
- The physical condition and ability of each party to work and earn income
- The relative education and training of each party or the ability of each
party to secure education or training
- The extent to which each party made tangible and intangible contributions
to the marriage
- The relative fault of the parties, if deemed appropriate by the court
There are several different types of alimony which may be described as
either periodic alimony or permanent alimony. The court can also order
that alimony is paid in a lump sum. Alimony payments must be a set dollar
amount and/or for a specific period of time.
- Types of alimony:
- Rehabilitative Alimony
- Alimony in Futuro
- Transitional Alimony
- Alimony in Solido
Whether alimony can be modified in the future depends entirely on the type
of alimony awarded by the court and on the specific facts and circumstances
of each case. Only certain types of alimony can be modified or terminated
after the divorce.
For more information about divorce and the divorce process, contact the
Collins Law Firm, PLLC at (615) 610-0728 today.