Divorce is not an easy process, but it does not need to be unmanageably difficult. Whether you face a mutual or contested divorce, enlist the help of an experienced divorce lawyer to handle the legal side for you while you recover mentally and emotionally. Durak Law Firm seeks to provide clients with relentless and compassionate representation both in and out of the courtroom. The firm will rigorously evaluate your circumstances and inform you of all your potential options moving forward.
Let an experienced and efficient divorce attorney protect your rights as a spouse in the face of divorce. Schedule a free consultation with Durak Law Firm online or at (615) 812-2829 today to learn more.
Requirements To File For Divorce
To file for divorce in Tennessee, an individual must first have resided in Tennessee for at least 6 months. Tennessee law also requires the filing spouse to list a "ground" for the divorce, which can be no-fault-based or fault-based. A no-fault divorce is often a mutual or uncontested divorce, where the divorcing parties merely cite irreconcilable differences for their divorce and agree to separate. On the other hand, fault-based divorce is when the other spouse's behavior during the marriage caused the breakup. Fault grounds for divorce could be if either spouse:
- was (and still is) naturally impotent and incapable of procreation during the marriage;
- has knowingly entered into a second marriage in violation of a previous marriage that has not terminated;
- has committed adultery;
- has willfully or maliciously deserted or left the other for 1 year;
- has been convicted of a crime that renders the party infamous;
- has committed a felony and been sentenced to confinement in the penitentiary;
- has attempted to take the life of the other;
- has refused to remove with their spouse to Tennessee and has been willfully absent from the spouse residing in the state for 2 years;
- was pregnant at the time of the marriage by another person, without the knowledge of their spouse;
- were habitually drunk or abused narcotic drugs, a habit contracted after marriage;
- is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper (inappropriate marital conduct);
- has treated the other spouse disrespectfully so as to render their condition intolerable, thereby forcing them to withdraw; or
- has abandoned the other and refused or neglected to provide for them while having the ability to do so.
It is also possible to request divorce by showing the court that the couple has been living in separate residences and not cohabiting as spouses for at least 2 years. However, this ground for divorce only applies to spouses without children.
The Divorce Process
One of the most important steps in the divorce process, after filing the complaint and other required forms, is serving the other spouse official notice of the case by delivering them a copy of the divorce petition. To properly serve the other spouse, the petitioning spouse may:
- request a sheriff or a process server to deliver the documents;
- ask an adult family member or friend to hand-deliver the paperwork;
- send copies by certified mail to the spouse's residence; or
- publish a legal notice in a newspaper selected by the court.
Generally, a mutual-consent (uncontested) no-fault divorce will take about 2-6 months to complete. A contested divorce, on the other hand, can last a year or more, primarily due to high-conflict negotiations surrounding matters like property division or child custody.
Spouses may negotiate divorce proceedings among themselves if they do not wish to rely on a court order. Such discussion may occur only between the two parties or in alternative dispute resolution methods, such as mediation. Mediation is a confidential method moderated by a neutral third-party mediator, whose primary role will be to facilitate a conversation between the spouses for settling any divorce-related issues.
Let Durak Law Firm Help You
If you seek to file for divorce or have been served papers for divorce, do not hesitate to speak with a divorce lawyer about your situation. An experienced professional can better help you navigate the divorce process, from filing to negotiating your settlement. Attorney Michal Durakiewicz is a compassionate and efficient lawyer who will take an informed approach to your case as he examines all the circumstances of your separation and presents your available legal options. In the face of divorce, you will need a tireless and thorough advocate who will keep your interests as a former spouse in mind.