Divorce Lawyer Clarksville TN: Helping You Navigate the Divorce Process

Divorce Lawyers in Clarksville Meeting Your Family Law Needs

Divorce is one of the major issues that family law courts handle. It can be emotionally devastating, and it is easy to forget about the future and what you may need or want to do once the dust settles. Sadly, this can lead some people not to want to fight for a fair settlement or to agree to a custody arrangement that does not really work for their needs.

A divorce attorney is an important resource when you are navigating the challenging process of ending a marriage.
When you are facing divorce, you need experienced legal representation. At the Law Office of Hibbeler & Associates, we have a team of experienced divorce lawyers who can help you through the divorce process, from property division to child custody. We offer new clients free 30-minute case evaluations so they can see how we work firsthand before we start on their case.

Contact our law firm today to schedule a meeting with one of our experienced Clarksville divorce lawyers, who will gladly answer your legal questions. You can find answers to commonly asked questions about divorce below for your convenience.

What Is the Difference Between an Uncontested and Contested Divorce?

Moving forward with a divorce is a joint decision, but sometimes, it is not. While the result is the same, the process, timeline, and cost of a contested or uncontested divorce can be very different. Keep reading to learn why.

Uncontested Divorce

An uncontested divorce occurs when both parties agree it is necessary because they have irreconcilable differences. In these cases, it is common for the parties to agree on how they want to divide marital property, and the family law court must make that agreement legally binding.

While an uncontested divorce is often faster and cheaper than a contested one, having a family law attorney represent you is still essential throughout the process. A lawyer can ensure that you understand the consequences of any agreement and get everything you are entitled to in the divorce.

Contested Divorce

A contested divorce can be one in which one party wants a divorce, but the other does not. It can also describe a divorce where the parties disagree on key aspects, such as property division or child custody. In a contested divorce, instead of the parties agreeing on and asking the courts to ratify that agreement, the court has to make the decisions based on the arguments presented by both parties. For example, suppose one parent wants primary custody, and the other wants joint custody. In that case, the judge will hear both sides, evidence, and testimony from other witnesses and decide based on the evidence.

Contested divorces can be challenging and can make an already emotional process even harder. Having an attorney means you have a legal representative who can talk to the other party’s legal team and speak on your behalf at the hearings.

How are Property Division and Alimony Issues Decided?

Understanding the major issues that must be decided in a divorce can give you an advantage in the family law courts. Knowing what to expect can help you form a strategy and ensure you know what you want from each factor involved.
Having to divide marital property is the one thing all divorces have in common. It does not matter if you do or do not have children; whatever the court deems, marital property must be legally divided between the two parties. Marital property includes real property, liquid assets, stocks and investments, and debt. In most cases, the courts are looking for an equitable division of the assets. However, equitable division does not always mean a 50/50 split. For example, one party may get the house while the other gets more liquid assets.

In some divorce cases, alimony, also known as spousal support, may be awarded. Alimony can be granted on a temporary or ongoing basis, and the amount depends on many factors. If you have to pay alimony in your divorce or feel that you should receive it, talk to a family law attorney so you know what you are entitled to receive.

How Do Tennessee Courts Decide Child Custody and Child Support Issues?

If the marriage resulted in children or the couple had children before being married, child custody will be a factor in the divorce. There will be a custody order stating who has physical custody, sometimes referred to as the primary residential parent, and legal custody, which involves decision-making power. Child custody can be one of the most complex matters that must be addressed in a divorce, so it is essential to talk to your attorney about what to expect. It is important to remember that Tennessee family courts will always decide child custody issues based on what they believe is in the child’s best interest.

Child support will also need to be determined if there are children. The courts will examine both parties’ financial situations and decide whether to order child support. If so, the judge will decide how much the order will cost and who will pay whom. Child support is determined using a basic formula that can be adjusted if necessary for extraordinary expenses or unusual circumstances.

Do I Have to Be Separated to Get a Divorce in Tennessee?

Tennessee law does not dictate that spouses must legally separate before they can obtain a divorce unless they wish to pursue a no-fault divorce. Nonetheless, spouses are welcome to separate if they choose.

There are specific time restrictions if a couple decides to separate because they wish to file for divorce under fault-based grounds. State law requires each spouse to maintain two separate residences and not live together as a married couple for at least two years.

It is also important to note that legal separation is one of the alternatives to divorce in Tennessee. When legally separated from your spouse, you may address some of the same issues that would be decided in divorce proceedings, including financial support, child support, custody arrangements, and property division.

If you and your spouse can reconcile during the separation, you can request that the court withdraw the legal separation order. However, suppose you and your spouse are unable to reconcile your differences. In that case, you can ask the court to modify the legal separation order to a divorce after a two-year period.

Understanding the legal complexities associated with legal separation can be challenging. Contact our Clarksville divorce attorneys today to schedule a consultation so we can determine your best legal options.

Is Tennessee a No-Fault Divorce State?

Tennessee does allow couples to file for no-fault divorce under specific circumstances. However, Tennessee does allow couples to file for divorce under fault-based grounds. Fault-based grounds include:

• Bigamy
• Adultery
• Abandonment
• Substance abuse
• Felony conviction
• Attempted murder
• Cruel and inhumane treatment
• Infamous conviction, such as rape or incest
• Desertion with the spouse absent for at least one year
• Long-term separation of at least two years, with no minor children

Additionally, a spouse may use the fault ground of impotence and procreation if one spouse is impotent and unable to procreate.

Nevertheless, regardless of what grounds a spouse uses to file for divorce, the couple must wait at least 60 days to file a petition asking that their case be heard in court. If the couples have minor children, they must wait a mandatory 90 days to file for divorce.

If you have questions about a fault divorce, contact our law office to schedule a free initial consultation to learn more.

How Does a Prenuptial Agreement or Postnuptial Agreement Affect Divorce?

If you have a pre or postnuptial agreement in place, the divorce process can be much more efficient and straightforward. These agreements are legally binding documents where the parties have made pre-made decisions about what would happen if they were to get a divorce. These agreements usually include instructions for dividing property and whether any spousal support will be paid. As long as the judge agrees that the agreement is legally binding and can be enforced, the divorce will proceed according to the agreement. Any child custody or child support matters will have to be handled separately.

However, even if you have a prenuptial or postnuptial agreement, you should still consult a knowledgeable divorce lawyer to ensure it will withstand legal scrutiny. Prenuptial or postnuptial agreements can be legally complex, and the court may try to determine if both spouses were aware of the legal consequences of signing the documents.

Why Do I Need to Hire a Divorce Lawyer?

One of the most important things you can do regarding family law matters is to hire a divorce attorney as soon as you are even considering divorce. Many people are surprised at what happens during child custody disputes and how property is divided, and knowing what you may be entitled to receive can help you go into the process with accurate expectations.

Many individuals come to a divorce lawyer hoping to end their marriage quickly. However, the length of a divorce depends entirely on the case’s specific circumstances. Divorce is a complex legal process, and the family law courts have many issues to consider when making decisions.

In the state of Tennessee, there is also a mandatory waiting period that must take place between the filing of the divorce and the final hearing. Generally, the more legal matters you agree on, the quicker the divorce process. If there is a lot of disagreement and the courts have to hear testimony on every issue, it can drag out a divorce for months and even years.

The best divorce lawyers do not just provide legal advice. They can answer questions, advocate for you, encourage you to pursue your rights and educate you on what you can expect as you go through the divorce process. Hiring a divorce attorney also means that any and all communication regarding the divorce proceedings between you and your ex goes through your attorney. Having an attorney act as your legal advocate can help keep some distance and give you a buffer during this emotional time.

What Makes Your Clarksville Divorce Lawyers the Right Choice to Help Me With My Divorce Proceedings?

Our law office realizes that filing for divorce can be one of the most challenging issues you may ever face. When you come to us for help with your divorce matters, we take the lead to ensure that we resolve your legal issues with as little difficulty as possible. Our staff will handle all legal matters, including submitting and reviewing divorce documents and providing guidance and representation regarding property division, child support, and custody arrangements. Our divorce attorneys will also negotiate with opposing legal counsel to safeguard your interests and ensure you receive a fair settlement.

If you are looking for an experienced divorce attorney in the Clarksville area, the Law Office of Hibbeler & Associates can help. Call our office today at 931-236-2711 to learn about our free consultation offer and speak to a legal team member. Our dedicated team of legal professionals will fight to help you receive what you are entitled to so you can begin the next chapter of your life.