Is Tennessee a No-Fault State When it Comes to Divorce?
Franklin divorce attorney explains the unique laws in the state
Some states are called “no-fault” states when it comes to divorce because they do not require that you prove there was some reason for the divorce, such as that your spouse committed adultery or abused you. All you have to do is file for the divorce because you have “irreconcilable differences” or the marriage is “irretrievably broken” or something similar. Bad behavior from one spouse can sometimes still be used to determine the division of assets or child custody, but they are irrelevant to whether or not you can get the divorce.
Tennessee is not a true “no fault” state, except that it allows for a divorce on grounds of irreconcilable differences if the spouses agree on all the terms of a divorce and sign a marital dissolution agreement (and parenting plan if there are minor children). Also, if a couple has lived apart for two years and does not have any minor children together, that in itself is grounds for divorce.
Obviously, a “no-fault” divorce would be the easiest from a psychological and financial perspective. You do not have to go to court and air all your dirty laundry, nor do you need to dredge up proof of your spouse’s misconduct.
I am an experienced Franklin divorce attorney and have handled thousands of divorces over the years. I work with my clients to try to get a resolution that makes the divorce relatively quick and as painless as possible, while still being a good resolution. However, when that’s not possible, I fight to build the strongest case on their behalf, proving the fault of the other party and other elements of the divorce to try to get a fair resolution.
Proving fault involves gathering evidence against your spouse. That may include eyewitness testimony about the behavior at issue, such as abuse or infidelity. It may also include gathering financial documents, such as to show that marital funds were used to support an affair. Your spouse will try to hide these behaviors, naturally, so we may also have to work with a forensic specialist, if economically feasible, to uncover hidden transactions.
Sometimes, once we have the evidence, your spouse may be more amenable to negotiation, which will keep you out of court and speed up the process. Sometimes, your spouse may continue to fight the claims, in which case I am prepared to litigate on your behalf through the court system.
Divorce is always hard, but I work harder to make sure that it is just a bit easier on my clients. I do so by fighting to try to get them the resolution they need so they can start over as quickly as is possible. If you are considering filing for divorce, call me, Judy A. Oxford, a dedicated Franklin divorce attorney, today at (615) 791-8511 to schedule a free consultation. You can also fill out the secure online form on my site, and I will contact you back to schedule the consultation. Be proactive so that you can get a fair division of assets and the child custody arrangement that you desire. I’ll fight to help you try to get what you want.