Choose our Family Law Attorney in Murfreesboro, TN

Tennessee law considers adultery to mean sexual relations with anyone other than your spouse. Adultery is a ground for divorce in Tennessee. It is important to know that "fault" does not affect property division in a divorce. Tennessee law requires the court to divide up the marital assets "equitably" not necessarily "equally." Even though one spouses cheating shouldn't affect property division; it does and can have an affect on whether or not alimony is awarded to the non-cheating spouse. When it comes to alimony, the Court can and does consider fault. This is where cheating comes into the equation along with many other factors.

This is a question in which the answer is; it depends. There is a waiting period in Tennessee requiring a minimum length time from filing for divorce until the divorce can be granted. If the parties have no children, there is a waiting period of 60 days. If there are children between the parties, there is a 90 day waiting period for the final divorce decree. So, there is at least a 60 or 90 day wait depending on kids or no kids. There is no wait on filing for the divorce, so don't get that confused. Some states do have waiting periods based on the separation prior to filing for the divorce. The Tennessee waiting period starts upon the filing for the divorce. After that, it depends on whether the divorce is contested or not. Some contested divorces can drag on for months depending on the parties. Our divorce attorney can help you with any divorce and family law questions.

Unfortunately, this is all too common in a divorce case. However, the Court has authority to award temporary alimony, child support, and attorney's fees while the divorce is pending. The primary goal is to maintain the status quo including that the existing mortgages and other bills get paid. Your attorney can file what's called a "Pendente Lite" motion. This is a Latin word meaning "pending litigation." Your attorney can set up a hearing in front of the judge to argue for this temporary support. The Tennessee law in regards to alimony comes down to need and ability to pay. This means the Court considers your needs and the other spouses ability to pay throughout and after the divorce.

Unfortunately, every situation is different. However, depending on the particular facts; the goal is to give a flat fee for the legal service. If it is a non-contested divorce with no children, typically the cost is $475. If it is a non-contested divorce with children, the cost will be $750. Some variations may occur depending on the particular facts. When it comes to contested divorces, the goal is also to give flat fees depending on the situation. The fees will be based on information given in the initial consultation. Our divorce attorney will work with you on pricing.

Absolutely. The best time to update your estate planning documents are before you actually separate from your spouse and a lawsuit gets filed. If one of you files a lawsuit, you may be able to update some documents, but you would be discouraged from transferring title to any assets until after the divorce is finalized. However, there are some items that you may want to update regardless of where you are in the divorce process:

• Life Insurance -- You will want to update your beneficiary designations.
• Retirement -- If your funds accumulated in your retirement account were earned during your marriage, then they may be constituted marital property. However, there are factors on whether the retirement account was set up before or after marriage. Best to speak with an estate planning attorney on this one.
• Jointly owned property -- Marital properties typically get re-titled or sold during the divorce process. If they haven't, you will need to update your estate planning documents accordingly.

This is probably one of the most difficult and frequently asked questions I get. The question is especially difficult to answer when children are involved. Legally speaking, in the absence of domestic violencethere is not much a court can do to force you or your spouse out of the marital home. When deciding whether you or your spouse should move out, there are several issues that should be considered:

• In who's name is the marital home, yours, your spouses, joint?
• Who is primarily responsible for the mortgage on the home?
• How badly do you want to keep the marital home in a property settlement?
• Which party is seeking the divorce?
• If there are children involved, have you and your spouse agreed on a custody schedule?

Alimony can be paid before or after a divorce in Tennessee. It comes down to the need for the spouse requesting alimony and the ability to pay on the other spouse. Prior to divorce, alimony can be awarded in temporary form as discussed above. There are 4 types of Tennessee alimony.