Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in , she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here. Differences affecting high-net divorce When you and your partner build a life and a business together , the stakes may be a bit higher than if you only purchase, say, a home and a car together.
A no-fault divorce is one alternative to a fault divorce. With a no-fault divorce, the spouses do not blame each other for the breakdown of the marriage.
Instead, they simply tell the court they want a divorce based on "irreconcilable differences," which means they can't get a long anymore and no longer want to me married. Finally, you can ask the court to grant you a divorce based on a separation. In order to qualify for this, you must be able to show that you have been living in separate residences, and not cohabiting as spouses, for at least two years this ground applies only if the couple has no children.
A mutual-consent , no-fault divorce takes about two to six months. If there are no children in the marriage, there is a mandatory day "cooling-off" period after the spouse files the complaint. If the couple has children, it takes a minimum of 90 days. A contested divorce can last years, with the average case lasting a year or more.
Finally, if the spouses agree to divide a pension, it might take an additional 60 to days after the court grants the divorce to complete the division. Annulments may be available if the marriage was illegal for example, incestuous or based on fraud or duress. The court will also approve an annulment if one party was underage at the time of the wedding. The rules and applications for annulment can be complex, so it's best to speak with an attorney to discuss your options. An annulment is similar to a traditional divorce because both processes end the marriage.
However, after an annulment, the court treats the couple as though they were never married. Despite an annulment effectively erasing the marriage, the effect of annulment will not render the couple's children illegitimate. In other words, if you had children during a marriage that the court later annuls, the law treats the children the same as if you and your spouse were legally married and divorce. It's also important to understand that if you request an annulment, the court will not award alimony to either spouse.
In effect, a legal separation allows the court to award one or both spouses financial support and maintenance without an actual divorce. The legal separation process is similar to traditional divorce, so it can be as time-consuming and expensive as a divorce, but in the end, you're still married. Separation can be an appropriate way to end your partnership, if religious or other reasons require you to stay legally married.
However, at the end of a legal separation process, you and your spouse will remain legally married, so the law prohibits you from marrying someone else until you complete a traditional divorce. Mediation is a confidential, out-of-court method for spouses to settle the divorce without asking a judge for help.
A mediator is a trained, neutral third-party who will facilitate a conversation between the spouses to settle any divorce-related issues. Mediation is most beneficial with custody and visitation issues because the spouses will have to maintain an ongoing constructive relationship to parent their children successfully.
Mediators usually recommend that the parties review any potential settlement with independent counsel before signing. Mediation works best when the parties come to the table in good faith and fully disclose their assets and debts. The only limitation is that a person cannot change names to perpetrate a fraud. It's common for divorcing spouses to change from their married last name to the name they used when they were single.
If you have additional questions on filing for a divorce in Tennessee, you should speak with an experienced family law attorney. Additionally, you can find approved divorce court forms on the Tennessee State Court Website. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
But a trial is sometimes the only alternative to a continuing stream of unreasonable settlement demands or an unwillingness to negotiate at all. Placing your future in the hands of a judge, who may be much different from you, is very risky, but may be necessary. Court rules require the lawyers to prepare pre-trial briefs for the court, outlining important issues of the case.
Judges usually read these briefs before the trial or scan them during opening statements. The plaintiff may be granted some limited opportunity to offer rebuttal testimony, and then the court decides whether or not to hear closing statements. A divorce trial can last from one morning to several weeks. A judge can hold one trial on custody and then have another trial on property division and alimony.
Although unusual, the judge can even hear more than one case at a time. Once the judge issues a decision, the parties have thirty days to appeal. The time necessary for an appeal is usually between eight and eighteen months, depending upon the length of the trial and the complexity and number of legal issues involved.
There is no time limit for the Court of Appeals to render its decision, but cases typically take another nine to twelve months to finish. The Supreme Court of Tennessee is not required to hear any particular case.
In recent years, the Supreme Court has been hearing only about ten family law cases per year. The time required for Supreme Court review could be an additional twelve to eighteen months. Most divorcing parties believe that a divorce winds up immediately after a settlement or a ruling by the court. Rarely is that the case. Examples of things to do include: preparing, executing, and filing Quit Claim Deeds transferring ownership interests in real property; obtaining refinancing for real property; changing designated beneficiaries on life insurance policies and retirement benefits; drafting, reviewing, executing, and filing Qualified Domestic Relations Orders; transferring title on Certificates of Title for automobiles; and transferring possession of property as directed by the court or by agreement of the parties.
Divorcing parties are often surprised at the expense required for completing all of these transactions. Whether the terms of the divorce were agreed to between the parties or decided by the judge at trial, there may be the need for modifications following the divorce. Child support is the most common example. In many cases, alimony may need to be modified due to a change in residence, a change in employment, or other circumstances.
However, some things cannot be changed after a divorce — including property and debt division. Also, transitional alimony and alimony in solido most likely cannot be changed unless the court or the agreement has designated otherwise.
Related Link: Divorce Recovery. If one of the parties fails to follow a court order, the other party may be forced to bring legal action to enforce the order. This is most often accomplished by filing a Petition for Contempt. The three most common examples of a divorced party needing to seek enforcement of the divorce decree are when the ex-spouse fails to pay support, fails to turn over property, or refuses to allow court-ordered visitation.
If the problem is failure to pay support, the court may issue a wage assignment or garnishment. Or the court may order the Sheriff to take possession of money from a bank account. Usually the court will sign an order setting a hearing date and compelling the other party to appear in court to show cause why he or she should not be held in contempt of court.
Following the hearing, the court may choose to jail the person who violated the court order. Elements of civil contempt include proving that a person CAN presently comply with a court order and is simply choosing not to. An example of criminal contempt is when a party had the ability to pay court-ordered support but chose to spend money on other items, such as a vacation or luxury item.
Depending on the facts and circumstances surrounding the contempt allegations, the amount of money at issue, and whether or not jail is seriously at issue, a petition for contempt can be a short and simple process or a very involved and lengthy procedure, costing more than some divorces. A person should think carefully before filing a petition for contempt to make sure that specific goals can and will be achieved and that there are no other alternatives.
Related Link: Injunctions and Contempt. Another category of post-divorce actions involves dealing with intentionally or unintentionally undisclosed assets. If a party failed to disclose the existence of an important asset or debt during the divorce process, the other party may choose to re-open the divorce by filing a post-judgment motion. Normally there are time limitations for bringing such actions.
However, if one party relied upon an asset disclosure provided under oath as part of discovery and that disclosure failed to include the undisclosed asset, the wronged party may choose to assert a claim. Filing for Divorce in Shelby Co. Most common reason for divorce? What can you NOT do during a divorce? When can I reduce my TN child support with more than one child?
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