Rasberry Family Law Group

In Tennessee, a divorce is initiated by the filing of a complaint for divorce. Once a divorce has been filed, an answer will be filed. The answer will often contain a counterclaim, which will usually contain similar grounds as in the complaint. The answer must be filed by the opposing party within thirty days from the service of the original papers.

 

Discovery. Very shortly after the divorce commences, the attorneys will engage in a process called "discovery." During this process, all assets, liabilities and income will be identified and valued. This process can be undertaken informally by the attorneys or through what is known as "formal discovery," utilizing document production requests, interrogatories, depositions and subpoenas. This process can be very time consuming and complex.

 

Division of Property. Tennessee is an equitable distribution state, meaning that the law requires that all of the property be divided in a fair and equitable fashion. Equitable does not necessarily mean equal, although the law presumes an equal division as a starting point. Generally speaking, property brought into the marriage by either party is that party's separate, non-marital property. Also, property received during the marriage by one party as a gift or inheritance will be considered non-marital property. All property acquired during the marriage with marital funds or through marital effort will be deemed to be marital, regardless of how it is titled. Property owned by one party prior to the marriage but which has increased in value may be considered a mixed asset. What is marital and what is non-marital is often the subject of dispute in a divorce and often requires detailed and complicated tracing efforts. We have experience in the tracing of assets for divorce purposes.

 

Many property issues revolve around the value of the property itself, particularly if there is a professional practice or business involved. Expert witnesses may be required to assist in the valuation process. We are experienced in dealing with complex business valuations and we work with highly trained experts in this field.

 

Spousal Support. Tennessee has a spousal support statute, setting forth several factors that the court must consider in determining the amount and duration of spousal support. At the present time, there are no guidelines or formulas as to how the court should award spousal support. Spousal support cases are by nature very individual and often unpredictable. In a long marriage or one in which one spouse sacrificed a career to stay home with children, spousal support might be the most difficult issue to resolve. We are very experienced in negotiating and litigating complicated spousal support issues and in working with vocational experts and economists to assist in the presentation of the case.

 

Parental Rights and Responsibilities. In Tennessee, the law provides for both shared parenting and sole custody. Generally, one parent is designated as the "primary residential parent" of the child or children and the other parent is designated as the “alternate residential parent.” Effective July 1, 2011, there is requirement that the courts favor shared parenting. However, such a requirement still must consider what is in the best interest of the minor child or children. Shared parenting is not appropriate in every case. While we try very hard to resolve parenting issues outside of court and often with the assistance of a mediator, we are experienced and well-known for handling high-conflict custody cases.

 

Child Support. All states have child support guidelines, which set forth how child support is to be determined. Parents are required to support their children until they turn 18 or until they graduate from high school. The support obligation can continue indefinitely for a disabled child. Tennessee is an income-shares state, which means that child support is calculated by examining the total family income and then apportioning the support obligation. Careful preparation and presentation of evidence is necessary to ensure a fair and reasonable child support award. We are experienced in the preparation, settlement and litigation of child support issues.

 

Uncontested Divorces. An uncontested divorce is one that is granted on the grounds of irreconcilable differences. This method of divorce is used when a complete settlement has been reached on all issues of property, spousal support, child support and parenting. After both parties have signed a marital dissolution agreement, and, if appropriate, a permanent parenting plan, the case is presented to the court for approval of the agreement and any parenting agreements that have been entered into. Many people perceive that an uncontested divorce is faster and less costly than a contested divorce. This is not necessarily the case. The same information gathering is necessary in this type of divorce. Property must be valued, documents obtained, parenting issues resolved, etc. Negotiations must take place on each of these issues. Only after there has been full disclosure and valuation of all of the assets can an agreement be reached.

 

Generally speaking, both parties are represented by counsel, particularly when there are substantial assets and/or parenting issues to be resolved. Many people believe that only one lawyer is required in an uncontested divorce and that both parties can be represented by the same attorney; however, that is rarely the case. In fact, one attorney can only represent one party. A party can choose to waive his or her right to counsel, but he or she will have to sign a written waiver of the right to counsel.

 

A divorce on the grounds of irreconcilable differences can be granted in no fewer than sixty days if there are no children involved and no fewer than ninety days with children. However, many months can be spent negotiating the settlement. For this reason it is not necessarily faster to proceed by this method.