Deciding to divorce is one of the most difficult decisions most people will ever have to make, especially if you have children or a business. We can help you understand the process and give you straight answers to your questions. From child support issues and custody questions to divorce issues involving assets and debts, the Law Office of Widrig Law PLLC is here to help you with all of your legal needs. Call today to schedule an appointment to discuss your situation.
The Divorce and family law lawyers at Widrig Law PLLC handle cases ranging from stipulated divorces to complex divorces, high-asset property division disputes, and matters dealing with divorcing when there is a prenuptial agreements.
Types of Divorces in Tennessee
There are two major categories of divorce in the state of Tennessee: “No Fault” or uncontested and “Fault Grounds” or contested divorces.
No Fault Divorce: In Tennessee, a no-fault divorce is called “irreconcilable differences.” If a couple has already reached an agreement between themselves about all aspects of the divorce and property division, then the case can be a no-fault divorce, and the divorce attorneys at Widrig Law will simply draw up paperwork for you to sign. If there are children in the marriage, the court will require the parties to enter into a permanent parenting plan. Our attorneys will guide you through completing these documents.
- In a No Fault divorce there is a waiting period for getting divorced in Tennessee: 60 days without children – or 90 days if there are children from the marriage.
Fault: If the parties cannot agree then there are contested issues that must be divided by the court. These could be related to property division, child custody, spousal support, or child visitation. In these situations one party will have to file for divorce based on fault grounds. The fault grounds in Tennessee are:
- Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
- Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
- Either party has committed adultery;
- Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
- Being convicted of any crime that, by the laws of the state, renders the party infamous;
- 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;
- Either party has attempted the life of the other, by poison or any other means showing malice;
- 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;
- The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
- Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
- 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;
- 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;
- 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;
- For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
The most commonly used fault grounds are adultery and inappropriate marital conduct.
If children are involved and the parties cannot agree on co-parenting issues, the court will order all parties to attend mediation. The Divorce Attorneys at Widrig Law will stay with you at mediation so if you settle your case then you will know what you are settling for.
Property Division: There is no “community property” under Tennessee divorce law. There is separate property (which the parties owned prior to marriage or which they personally inherited during the marriage) and marital property (acquired during the marriage). Marital property is subject to an equitable division.
PRENUPTIAL AGREEMENTS
Prenuptial agreements are entered into for many reasons such as to protect a family business or to separate assets. As divorce becomes more common in our society, Prenuptial Agreements are becoming necessary to protect the rights of both spouses. The law office of James Widrig can assist you with Prenuptial Agreements before you sign it, so call today for a consultation.
Divorce Attorney, Family Law Attorney, Child Support and Custody, Divorce Filing, Spousal Support, Visitation, Prenup and Separation Agreements and More
CHILD CUSTODY, CHILD SUPPORT
Tennessee child support guidelines dictate the amount of child support to be paid after a divorce or determination of parentage. The amount of child support is based upon the combined income of the parent with primary residential custody and the parent with the co-parenting or “visitation”. Tennessee child support guidelines calculate earned income and passive income when determining the combined or gross income of both parents. Salaries, wages, commissions, bonuses, overtime, severance pay as well as the sale of goods or services are included in determining earned income. Examples of passive income are benefits from social security, unemployment or workers compensation as well as stock dividends and gifts. Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI) and Food Stamps are not considered income when calculating the gross income.
When determining the amount of child support to be paid, Tennessee will always act in what it deems in the best interest of the child. The amount determined to be paid will be paid until the child/children reach eighteen (18) years of age unless the child has not graduated from high school with his/her senior class and is still in school. Tennessee child support laws follow a standardized system dictating the amount of child support to be paid to the parent who has primary residential custody, and generally will NOT allow the parties to agree to a lower amount of child support to be paid.
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We serve the following States, Cities, Zip Codes and Counties:
Tennessee, Nashville 37219, Murfreesboro 37130, Smyrna 37167, Franklin 37064, Lebanon 37087, Mount Juliet 37121, Gallatin 37077, Davidson County, Rutherford County, Wilson County, Williamson County, Sumner County
