Divorce FAQs
The attorneys at Bateman Gibson work to educate their clients on their rights and options throughout the divorce process, empowering their clients with the information necessary to make well-informed decisions. In that spirit, below are straightforward answers to some commonly asked questions regarding divorce in Tennessee. For further information, see our Divorce and Family Law page, and for assistance with a divorce or family law matter, contact Bateman Gibson today.
- What is a "divorce"?
- What is a "legal separation"?
- What does the divorce process entail?
- How long does the divorce process take in Tennessee?
- My spouse and I want to file an uncontested divorce. Can we use the same divorce attorney?
- What is alimony?
- How will a court determine child custody?
- Can I change my last name during the divorce process?
What is a "divorce"?
Divorce is the term referring to the termination of a marriage. Upon the issuance of the final divorce decree by the court, the parties are single and free to remarry. The court may issue orders regarding the division of property, spousal support, child support, custody and visitation,
What is a "legal separation"?
While the procedure and issues involved are similar to that of a divorce, a legal separation does not end a marriage. In a legal separation, a court order declares that the spouses are not living together and defines the rights and responsibilities of the spouses while living apart. Spouses who are legally separated remain legally married, and are not free to remarry.
What does the divorce process entail?
Tennessee divorce laws distinguish between uncontested and contested divorces. Uncontested divorces are usually based on the ground of irreconcilable differences, and the basic procedure calls for:
- Filing for divorce with the court
- Preparing and signing a Marital Dissolution Agreement
- Preparing a Permanent Parenting Plan if there are minor children
- Attending a court hearing to determine if the agreement meets Tennessee Law
- If the judge agrees, a Final Divorce Decree is issued
In a contested divorce, the process generally involves the following steps:
- File for divorce with the court
- Give notice of filing to the other spouse
- Allow the other spouse to file an Answer to your petition
- Go through discovery, which includes depositions, interrogatories, and fact finding
- Attend trial
- Issuance of a final decree granting or denying the divorce
How long does the divorce process take in Tennessee?
The minimum statutory waiting period for a divorce based on irreconcilable differences is 60 days after filing if there are no unmarried minor children, and 90 days after filing if you have unmarried minor children. Contested divorces generally take 6 months to 2 years to complete as they involve pre-trial motions, discovery and trial.
My spouse and I want to file an uncontested divorce. Can we use the same divorce attorney?
It is usually not advisable for one attorney to represent two parties in a divorce because there is an inherent conflict of interest between the parties.
What is alimony?
Alimony, or spousal support, is money paid by one spouse to the other to compensate for loss of income due to the divorce. Alimony may be awarded by the court to either spouse, and it may be periodic, a lump sum, or rehabilitative. Rehabilitative alimony is support awarded for a set period of time to allow the receiving spouse to complete their education or training or otherwise increase their earning potential so that they are no longer economically disadvantaged in relation to the other spouse.
How will a court determine child custody?
The best interest of the child is the number one factor in determining custody. Tennessee law does not allow courts to consider gender of the parent when awarding custody; rather the relevant factors include but are not limited to:
- The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent
- The strength, nature, and stability of the child's relationship with each parent
- The disposition of each parent to provide the child with food, clothing, medical care, and education
- The degree to which a parent has been the primary caregiver
- The preference of the child if the child is older than 12 years of age
Can I change my last name during the divorce process?
Yes. Under Tennessee divorce laws, the only restriction on changing your name is that you cannot change your name for the primary purpose of committing a fraud.
