Skilled Nashville Divorce Attorneys
Experienced guidance with all aspects of the divorce process
Every divorce is unique. The process and the length of time required can vary greatly depending on a variety of factors – including how long the parties were married, if they had children and how much property they accumulated during the marriage. If you’re facing a divorce, you likely have a lot of questions. Issues regarding alimony, child custody, and division of assets can get complicated and, in some cases, acrimonious.
The family law and divorce attorneys at Miller Upshaw Family Law, PLLC have seen firsthand how difficult divorce can be. We have decades of experience confronting just about every issue divorce can raise and have helped clients resolve cases involving complex property division matters, fierce child custody disputes, and more in the Nashville area and throughout Middle Tennessee. When you need help, we’re here to provide it for you and your family.
How can your attorneys help with my Nashville divorce?
At Miller Upshaw Family Law, we can guide you through all aspects of the divorce process, including:
- Child custody. Our attorneys help divorcing parents negotiate parenting plans and child custody agreements during the divorce process, for both married and unmarried parents. We also represent parents in court when they cannot agree on what is in the best interest of their children.
- Child support. Having the resources you need to support your children during and after a divorce is a major concern for parents. Our attorneys can answer all of your questions about child support, including negotiating a proper and fair amount, as well as how to enforce an order.
- Division of assets.Even in cases with relatively small and straightforward marital estates, asset division can be the most complex aspect of a divorce. When a large amount of property or a business interest is involved, the complexity increases. We understand the practical issues at play when dividing marital property and have successfully litigated or otherwise resolved numerous complex asset division cases in Tennessee family courts.
- Alimony. This type of spousal support helps a financially disadvantaged spouse get back on their feet post-divorce. Our Nashville attorneys work with you to negotiate a mutually agreeable alimony settlement, representing you in court when necessary. We can also assist with alimony modification questions and concerns.
You can also talk to us about prenuptial and postnuptial agreements.
What are the grounds for divorce in Tennessee?
To get a divorce, you must state the reason, or “grounds,” for ending your marriage. In Tennessee, you can file for a no-fault or fault-based divorce. A no-fault divorce means that you and your partner have irreconcilable differences that cannot be resolved.
Either spouse may file for a fault-based divorce under the following grounds:
- Impotency and incapability of procreation
- Bigamy on the part of either spouse
- Adultery on the part of either spouse
- Desertion for over two years
- Conviction of a crime that makes the spouse infamous
- Conviction of a felony with prison confinement
- Inappropriate marital conduct or cruel and inhuman treatment
- Deliberate attempted murder of the spouse
- Habitual alcohol or drug abuse
- Pregnancy at the time of the marriage without the spouse’s knowledge
- Refusal to move to the state with the spouse without reasonable cause for two years
- Offering such indignities as to make the spouse’s life intolerable
- Abandoning or turning the spouse out of doors for no just cause
- If both parties have lived in separate residences for two or more years (with no minor children)
How long does it take to get a divorce?
The honest answer here is “it depends.” The timeline of your divorce depends on how complicated or contentious the details may be. According to Tennessee’s Domestic Relations Code:
A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.
Remember, though, this is only if you and your former spouse have already reached a divorce agreement or settlement. After this 60- or 90-day period has passed, then you are free to ask for a divorce if you have reached an agreement on all issues with your spouse. Otherwise, you will then need to wait for a trial date. You may be required to attend mediation before going to trial. The attorneys at Miller Upshaw Family Law, PLLC are happy to explain more about this process.
Can I get an annulment in Tennessee?
Yes, but only under certain circumstances. An annulment is not a shortcut to divorce. An annulment declares a marriage null and void; a divorce dissolves a legal marriage. Because the state statute for marriage annulment is so general, courts are left to their discretion and to case law when determining whether to declare a marriage void. Typically, however, a marriage will be annulled when:
- Either party is underage
- Either party lacks mental capacity
- Duress, fraud, or force was used
- Parties are closely related
- Either party is judged insane
When a marriage is annulled or voided, it as if it never happened and both parties are free to marry again in the future. Spouses cannot request alimony after an annulment. An annulment does not, however, render any children resulting from the marriage illegitimate. The courts will treat the children as if the parties were legally married.
How long do I have to live in Tennessee to get a divorce?
Individuals are eligible to file for divorce if they or their spouse have resided in the state for six months or longer.
Strong counselors and advocates for your Nashville divorce
The divorce attorneys at Miller Upshaw Family Law, PLLC are, first and foremost, problem solvers, and we want to be there for you during this challenging time in your life. Let us help resolve your issues and meet your goals, putting your family’s best interests first. Get in touch and find out what we can do for you today. Located on Woodland Street in historic Edgefield, our Nashville office is within sight of the courthouse and offers free parking. Call us today at 615-391-4200 or fill out our contact form to schedule an in-person or video consultation with an experienced attorney.