Franklin Divorce Lawyer

Fault-Based Grounds for Divorce

Less popular, more time-consuming, and generally more costly, fault-based divorces can be sought in Tennessee. 

These involve various grounds for divorce, including but not limited to:

• Adultery
• Bigamy
• Desertion
• Conviction of a felony and incarceration
• Pregnancy with someone else’s child at the time of the marriage
• Alcohol or drug abuse
• Cruel behavior
• Abandonment
• Living separate and apart with no children in common

These grounds must be proven to the court based on clear and convincing evidence.

The Divorce Process in Tennessee

The process begins with one party filing a complaint for divorce, outlining the grounds and initial requests for the relevant case issues. This is followed by a period of discovery, negotiation, and potential trial. 

Before a divorce can be finalized, the following issues must be resolved:

• Distribution of marital property and debt.
• Determination of alimony or spousal support.
• Child custody and visitation arrangements.
• Child support payments.

Division of Marital Estate & Debt

Tennessee follows the equitable distribution principle, meaning assets and debts accumulated during the marriage are divided fairly, but not necessarily equally, between the parties. In deciding the division, the court considers various factors, including each spouse's income, future earning potential, and contributions to the marriage.

Avoiding Litigation

If you and your spouse cannot agree on specific issues, you can pursue alternate dispute resolution methods, such as mediation, to avoid a costly and stressful trial. Such methods encourage couples to work together to reach mutually acceptable agreements on contentious issues facilitated by neutral third parties. 

Where that fails, it will be up to the court to determine the unresolved issues to finalize the divorce. Court intervention requires a trial in which both sides must present their cases.

Default Divorce in Tennessee

Divorce by default, also known as a default judgment of divorce, can occur when one spouse fails to respond to the divorce complaint within the time frame stipulated by law, usually 30 days after service. 

If the respondent does not file an answer or participate in the process, the court may grant a default divorce, effectively agreeing to the terms requested by the filing spouse without the respondent's input. 

This path can expedite the divorce process but may not always cover complex issues like asset distribution, alimony, or child custody in detail. Both parties should engage in the divorce process to ensure a fair and comprehensive resolution of all matters involved.