Knoxville, Tennessee, Divorce Lawyers
At Parker and LaDuke, much of our legal practice is devoted to helping people who are seeking separation and divorce. We have been handling these cases for three decades and we have a thorough understanding of the law — as well as of human nature. From our offices in Knoxville, we will handle every aspect of your case personally, from the initial court filings to mediation and hearings and trial. We also handle post-divorce modification petitions.
Divorce Can Have A Huge Economic Impact On The Parties
You have worked for years, some a lifetime, to build your economic security. For a married couple, much of that economic security consists of marital assets. It is crucial that you have an experienced divorce lawyer that will help assure that you receive your fair share of the marital assets.
Don’t Lose Your Right To Get Your Proper Share Of The Marital Estate Because You Waited Too Long To See An Attorney
If you have received a summons and complaint for divorce you only have a limited amount of time to respond or you may get a judgment against you that gives the other party everything they asked for. Always have an attorney review any proposed agreement before you sign it. Afterwards, it is probably too late.
Contact us, your Knoxville divorce lawyers, to schedule an appointment to review your case. We will analyze your case and tell you your options. If we are able to help we will tell you what our fee would be, and then you can decide whether to retain us to handle your divorce. We offer a reasonable $50.00 consultation fee (applied towards bill if our firm is hired) for family law matters. We accept VISA, MasterCard and Discover. Long distance telephone consultations are available with a credit card. Payment plans are available in most cases.
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.
Our firm handles divorce, legal separations and separate maintenance actions.
Types Of Tennessee Divorce
In Tennessee, there are “no-fault” divorces and divorces based upon statutorily defined fault grounds. Divorces can be contested or uncontested.
No fault: In Tennessee, there are two types of no-fault divorces. The first is “irreconcilable differences.” Irreconcilable differences is the classic uncontested or 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 grounds: 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.
Orders Of Protection And Domestic Violence
Domestic violence is not uncommon during divorce proceedings. The main thing to remember is that no one needs to tolerate abusive treatment. If you have been subjected to domestic abuse then you are eligible for an order of protection prohibiting further abuse. At Parker and LaDuke we have experience in handling order of protection cases. For more information on orders of protection please see our article on orders of protection in the articles section of the web site.
Contact Our Lawyers In Knox County
Contact us, your Knoxville divorce lawyers, to schedule your appointment to meet with an experienced divorce attorney for a review of your case.