Knoxville, Tennessee, Divorce Lawyers
At The Law Offices of Thomas M. Parker and Stanley F. LaDuke, much of our legal practice is devoted to helping people who are seeking separation and divorce. We have been doing this work for more than two decades, and we have a thorough understanding of the law — as well as of human nature. From our shared offices in Knoxville, we will handle every aspect of your case personally, from court filings to court appearances and post-divorce modification orders, if necessary.
Contact us to schedule an appointment to review your case. We'll tell you how we would handle your case and what our fee would be, and then you can decide whether to retain us to handle your divorce. We offer a low $50.00 consultation fee for family law matters.
If your family law problem does not require the assistance of an attorney, we will tell you that, too. There is no need to spend money unnecessarily. We are here to help you.
The laws are constantly changing. Our attorneys are versed in the latest developments on child support laws and other laws affecting people experiencing divorce.
Read about family law.
Types of Tennessee Divorce
Our firm handles no-fault divorces and fault-grounds divorces, the two major categories of grounds for divorce in Tennessee.
No Fault: In Tennessee, there are two types of no-fault divorces. The first is "irreconcilable differences." Irreconcilable differences is the classic agreed divorce. This type of divorce is available if the parties have agreed on all issues and both sign all of the necessary divorce documents. For example, if a couple has already reached an agreement between themselves about all aspects of the divorce, including all property division and the allocation of debts, then their attorney can prepare the necessary documents memorializing their agreement and they can file an irreconcilable differences divorce. If there are minor children, then all aspects of the co-parenting and child support would also need to be agreed upon.
The second type of no-fault divorce in Tennessee is available if the parties have lived in separate residences and have not cohabitated for a two-year period and there are no minor children of the marriage. If the parties meet the requirements, this second type of no-fault divorce would be available even if the parties did not agree on the issues.
Fault: If a no-fault divorce is not available and if the parties cannot agree — if they are contesting issues related to property division, child custody, spousal support or child visitation — then one party will have to sue for divorce based on one of the statutorily defined fault grounds. Tennessee law now requires mediation in all contested divorces. Our lawyers will stay with you during that process. Typical examples of fault grounds are cruelty, adultery or abandonment.
There is no community property under Tennessee divorce law. There is separate property (property the parties owned prior to marriage or which they obtained by gift or personally inherited during the marriage) and marital property (property acquired during the marriage except by gift or bequest). Marital property is subject to equitable division.
There is a waiting period for getting an irreconcilable differences divorce in Tennessee: Sixty (60) days without children or ninety (90) days if there are children from the marriage.
Divorce Jurisdiction Issues
Is Tennessee the proper jurisdiction to file your divorce? Jurisdictional issues are complicated, and the answer ultimately depends upon the particular facts in your case, but if you have been a resident of Tennessee for at least six (6) months, you meet the first requirement. In original divorce actions, If your case involves children and they have lived in the state of Tennessee for at least six (6) months, then Tennessee is the "Home State" of the child and would have jurisdiction over child custody issues, according to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Tennessee Code Annotated Section 36-6-201, et seq.
Contact us to schedule your appointment to meet with an experienced divorce attorney for a review of your case.
