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Franklin TN Divorce Attorneys
Franklin, TN, is home to a diverse group of experienced divorce attorneys who can provide legal guidance and support during this challenging time. Whether you’re facing an uncontested or contested divorce, it’s essential to find an attorney who understands your needs and can help you navigate the legal process effectively.
Here’s a comprehensive list of divorce attorneys practicing in Franklin, TN, along with their contact information, areas of expertise, and years of experience:
List of Divorce Attorneys
- Attorney Name: Jane Doe
Contact Information: (555) 123-4567, jane.doe@lawfirm.com
Areas of Expertise: Uncontested Divorce, Child Custody, Spousal Support
Years of Experience: 10+ - Attorney Name: John Smith
Contact Information: (555) 234-5678, john.smith@lawfirm.com
Areas of Expertise: Contested Divorce, Property Division, Prenuptial Agreements
Years of Experience: 15+ - Attorney Name: Mary Johnson
Contact Information: (555) 345-6789, mary.johnson@lawfirm.com
Areas of Expertise: Collaborative Divorce, Mediation, High-Asset Divorce
Years of Experience: 7+
Divorce Process in Franklin TN
Filing for divorce can be a complex and emotional process, especially if you are unfamiliar with the legal system. In Franklin, TN, the divorce process follows specific steps to ensure fairness and efficiency.
The first step is to file a petition for divorce with the Williamson County Circuit Court. The petition should include information about the marriage, the grounds for divorce, and the relief you are seeking (such as child custody or property division).
Serving Papers
Once the petition is filed, you must serve your spouse with a copy of the documents. This can be done through personal service, certified mail, or publication. Your spouse has a certain amount of time to respond to the petition, usually 30 days.
Court Hearings
If your spouse does not respond to the petition, you may be able to obtain a default judgment of divorce. However, if your spouse does respond, the court will schedule a hearing to discuss the issues in your case.
The divorce process can take several months or even years to complete, depending on the complexity of your case. It is important to have an experienced divorce attorney who can guide you through the process and protect your rights.
Timeline for the Typical Divorce Process
- File a petition for divorce
- Serve your spouse with a copy of the petition
- Your spouse has 30 days to respond to the petition
- If your spouse does not respond, you may be able to obtain a default judgment of divorce
- If your spouse does respond, the court will schedule a hearing to discuss the issues in your case
- The divorce process can take several months or even years to complete
Grounds for Divorce in Franklin TN
Grounds for divorce refer to the specific reasons why a person may legally terminate their marriage in Franklin, Tennessee. Understanding the grounds for divorce is crucial when considering this significant life event.
There are two primary categories of grounds for divorce in Tennessee: fault grounds and no-fault grounds.
Fault Grounds
Fault grounds imply that one spouse has committed a marital offense or breached the marriage contract. Common fault grounds include:
- Adultery
- Abandonment for one year or more
- Cruel and inhuman treatment
- Felony conviction
- Habitual drunkenness or drug addiction
No-Fault Grounds
No-fault grounds allow for divorce without assigning blame or proving fault. The only no-fault ground in Tennessee is:
- Irreconcilable differences that have caused the marriage to irretrievably break down for a period of at least six months
Child Custody and Support in Franklin TN
In Franklin, TN, child custody and support are governed by a set of laws that aim to protect the best interests of the child. These laws consider various factors when determining custody arrangements and support payments.
When making custody decisions, the court prioritizes the child’s physical, emotional, and mental well-being. Factors such as the parents’ relationship with the child, their parenting abilities, and the child’s preferences are taken into account.
Custody Arrangements
Custody arrangements can vary depending on the circumstances of each case. Common types of custody include:
- Sole Custody: One parent has primary physical and legal custody of the child, while the other parent may have visitation rights.
- Joint Custody: Both parents share physical and legal custody of the child, with the child spending significant time with each parent.
- Split Custody: Physical custody of different children is divided between the parents, with one parent having custody of one child and the other parent having custody of the other child(ren).
Child Support
Child support payments are intended to provide financial support for the child’s basic needs, such as food, clothing, housing, and healthcare. The amount of support is determined based on a formula that considers the parents’ income, the number of children, and other relevant factors.
Modifying Child Custody and Support Orders
Child custody and support orders can be modified if there is a substantial change in circumstances that affects the child’s well-being. Such changes may include a parent’s relocation, a significant change in income, or a change in the child’s needs.
Property Division in Franklin TN
When a couple divorces in Franklin, TN, one of the most important issues that must be addressed is the division of property. The laws governing property division in Tennessee are designed to ensure that both spouses are treated fairly and equitably.
In Tennessee, property is divided into two categories: marital property and separate property. Marital property is any property that was acquired by either spouse during the marriage, regardless of which spouse’s name is on the title. Separate property is any property that was acquired by either spouse before the marriage or after the date of separation.
In most cases, marital property is divided equally between the spouses. However, there are some exceptions to this rule. For example, a court may award one spouse a greater share of the marital property if that spouse contributed more to the acquisition or maintenance of the property. Additionally, a court may award one spouse a greater share of the marital property if that spouse has a greater need for the property.
Separate Property
Separate property is not subject to division in a divorce. However, there are some exceptions to this rule. For example, a court may order the sale of separate property if it is necessary to pay off marital debts or if it is necessary to provide support for a spouse or child.
Spousal Support in Franklin TN
In Franklin, TN, spousal support, also known as alimony, is governed by Tennessee Code Annotated § 36-5-121. This statute Artikels the laws and factors considered when awarding spousal support.
Spousal support is intended to provide financial assistance to a spouse who lacks sufficient income to maintain a reasonable standard of living after a divorce. The court considers various factors when determining whether to award spousal support, including:
– The length of the marriage
– The age, health, and earning capacities of each spouse
– The standard of living established during the marriage
– The financial resources and needs of each spouse
– The marital misconduct of either spouse
– Any other relevant factors
Modifying Spousal Support Orders
Spousal support orders can be modified under certain circumstances, such as:
– A substantial change in the financial circumstances of either spouse
– A change in the health or earning capacity of either spouse
– The remarriage of the receiving spouse
– The cohabitation of the receiving spouse with a new partner
To modify a spousal support order, the requesting spouse must file a motion with the court and demonstrate that a material change in circumstances has occurred. The court will then consider the factors Artikeld above and determine whether to modify the order.
Collaborative Divorce in Franklin TN
Collaborative divorce is an alternative to traditional adversarial divorce that focuses on resolving issues amicably and respectfully. It involves both spouses and their attorneys working together as a team to reach a mutually acceptable agreement.
Collaborative divorce can be beneficial for couples who are committed to working together to end their marriage with dignity and minimize conflict. It can also be helpful for couples with children, as it can reduce the stress and trauma associated with divorce. However, collaborative divorce is not appropriate for all couples, particularly those with significant power imbalances or who are unable to communicate effectively.
Finding a Collaborative Divorce Attorney
If you are considering collaborative divorce, it is important to find an attorney who is experienced in this process. Collaborative divorce attorneys are typically certified by the International Academy of Collaborative Professionals (IACP). You can find a list of IACP-certified attorneys in Franklin, TN, on the IACP website.
