If the other spouse doesn’t live in Tennessee, legal notice can be made through the Tennessee Secretary of State. Instead of being officially served with court papers, the nonresident spouse can sign a written, notarized marital dissolution agreement. This agreement must include decisions about alimony or financial support. Signing this agreement counts as appearing in court and gives the court legal authority over the spouse, even if they live out of state.
Smyrna Family Lawyer
Family Attorney In Smyrna, TN
Family law cases tend to be some of the most difficult legal proceedings a person can go through. The outcome of their case affects not only their future well-being but also that of their loved ones. When you’re faced with a family law case, you need a strong legal advocate to represent you. Working with a Smyrna family lawyer can be crucial for protecting your interests.
Experienced Family Law Firm in Tennessee
As the oldest firm in Murfreesboro, Evans Bulloch Parker PLLC has been helping hundreds of Tennessee residents seek closure in their family matters. Since 1975, we’ve handled the toughest and most complex family law cases.
With a legacy of strong litigation, we aren’t afraid to take Smyrna cases to trial at the Rutherford County Chancery Court, located at 116 West Lytle Street in Murfreesboro.
Tennessee Divorce Laws
Rutherford County had a population of 367,101 residents in 2023. An average of 34,875 residents were divorced. When facing a divorce, knowing the state laws surrounding it can help ease you into the process, and consulting a Smyrna Divorce Lawyer can provide the guidance and support you need.
In Tennessee, at least one spouse has to have lived in the state for six months before filing. Once a divorce case is filed, it must remain on file for either:
- 60 days before it can be heard if there are no unmarried children under eighteen
- 90 days before it can be heard if the couple has an unmarried child under eighteen
You’ll then want to hire a family lawyer to represent your case. They can also guide you through the entire process.
Property Division Laws in a Tennessee Divorce
Once the divorce case is opened, couples must work to resolve their issues. This includes dividing property. In Tennessee, the court must fairly divide the couple’s property and debts before deciding if one spouse should pay spousal support to the other.
The court only divides marital property, which is everything earned or bought by either spouse during the marriage. Anything owned before marriage usually stays separate. Marital property can include:
- Income and real estate (The average household income in Smyrna was $78,409 in 2023. The average home value was $326,700. These assets tend to be a person’s most valuable property, making protection incredibly important.)
- Cars
- Personal belongings
- Savings
- Investments
- Retirement benefits
Marital property also encompasses any increase in the value of separate property if both spouses helped it grow or maintain its worth. Any debt taken on during the marriage by either spouse is also divided.
Gifts or an inheritance given to only one spouse while married aren’t divided. Spouses can agree in writing on how to divide their property, and the court can include that agreement in the final divorce order in Smyrna, TN.
Child Custody Laws in Tennessee
In 2023, 24% of Rutherford County residents were under 18 years old, about 10% higher than the rest of Tennessee. When parents are going through a divorce, the court can decide who will have custody of their minor children.
This can be a difficult time for the entire family, so it needs to be handled as carefully as possible. If both parents agree on custody, the court can usually approve it. Joint custody is generally favored if both parents agree, unless there is strong evidence presented to the court that it would not be in the child’s best interest.
A judge can give custody to one parent, both parents, or another suitable person, depending on what is right for the child. They can also change these orders later if the situation changes.
Tennessee family laws do not favor one parent over another based on gender. The court’s main focus is always the best interest of the child.
FAQs
What Are Irreconcilable Differences in a Divorce?
A divorce based on irreconcilable differences is one where the marriage has broken down beyond repair. This is a very common type of divorce, as it doesn’t require anyone to prove fault in the marriage. In Tennessee, this type of divorce won’t be granted unless the couple has made fair arrangements for child custody, child support, and the division of property. If one spouse denies that there are irreconcilable differences, the court can’t grant a divorce on these grounds.
What Is a Parenting Plan?
In Tennessee, a parenting plan is a detailed outline that must be included in any divorce case involving a minor child. This plan should detail which parent makes decisions about the child’s education, healthcare, extracurricular activities, and religion. It must also include a schedule showing where the child will live on a day-to-day basis. If parents agree on a plan, the court can approve it. Each parent must submit a proposed plan at least 45 days before a trial.
How Is Child Support Determined in a Tennessee Child Custody Case?
Tennessee courts use child support guidelines to determine the amount parents must pay. The court decides how much support is appropriate based on the parents’ income, their ability to pay, and their children’s needs. Payments can be set as monthly, biweekly, or weekly and are enforceable by the court. Child support can be modified if circumstances significantly change, such as a loss of income. A Smyrna family attorney can explain this process and represent you in seeking a modification.
Hire a Family Lawyer Today
When you hire the team at Evans Bulloch Parker PLLC, you aren’t working with lawyers who only care about payment. As longtime Tennessee residents, our attorneys are passionate about protecting the legal rights of our neighbors and community members. Reach out to us today to set up your consultation.