Divorce is not always an unpleasant experience. When you have the right divorce lawyers in Knoxville, TN, you can be assured of a quick and effortless process.
A recent survey says that the divorce rate in Knoxville, TN, was 8%, making it the 44th in cities with the highest divorces. This is better than the state’s ranking of 10 in the entire country.
When filing for divorce in Knoxville, you need to know the how, when, where, and what of the process. This is your guide to the understanding of divorce laws in Knoxville, TN.
Contents
Fault and No-Fault
Divorces in Knoxville, TN, can be classified based on fault and no-fault. A no-fault divorce is when the couple mutually agrees to end the marriage due to irreconcilable differences. This could mean that they have a difference of opinion that cannot be resolved, or their relationship has become hostile.
A fault divorce is possible when one party is at fault for any of the following grounds. They cannot agree on any terms of the divorce and need to argue the terms in court.
Grounds for Divorce
As per Knoxville, TN laws, these are valid reasons for divorce:
- Impotence at the time of marriage
- Marrying someone while you’re still married to someone else
- Adultery
- Abandonment for one full year
- Conviction
- Attempted to kill the spouse
- Refusal to move to Tennessee and to be absent from the state for two years
- Failing to live together for two years and don’t have minor children
Many other reasons can be grounds for divorce, but these are the most often cited.
Need For an Attorney
While Knoxville, TN, is clear that you don’t need an attorney to file a no-fault divorce, it is recommended that you hire one. Divorce lawyers in Knoxville, TN, will ensure that you are appropriately represented if things get out of hand and move in your favor. This is especially necessary if there is child custody, alimony, or property division involved. The entire process can sometimes be overwhelming, and you could use all the help you can get.
Divorce and Children
Tennessee is one of the US states with the Permanent Parenting Plan. The plan cuts through the maze of custody and visitations and focuses on the child’s wellbeing. This requires parents to attend parenting classes and come to a mutual agreement about the child’s care. Parents are encouraged to make crucial decisions like education, medical care, and religion, with the child’s best interest in mind.
Property Division
According to Knoxville, TN laws, marital property is divided equally at the time of divorce. Marital property is defined as property bought during the years of marriage.
Rules about Spouse Not Signing the Divorce Papers
In Knoxville, TN, if your spouse does not sign the divorce papers, you can file with the court and wait for a hearing. At the hearing, the judge will ensure that you have served the papers properly and given the stipulated time (30 days) for a response. If the spouse is a no-show at the hearing, your divorce is final.
Residency and Divorce Filing
To file for a divorce in Knoxville, TN, you need to be a city resident for at least six months. There are exceptions to this rule. For example, in Tennessee, victims of abuse from a spouse can file for divorce immediately.
Other Options to Consider
Many people would prefer to get an annulment rather than a divorce, but not in Tennessee. Annulments also don’t qualify for child support and alimony. There is the option of legal separation, but it may turn out to be expensive. If you are sure that you cannot live together, it’s best to file for divorce rather than separation.
The Divorce Process
The process will begin with filing a Petition for Divorce (Compliant) in the court in Knoxville, TN. The document requires information, such as full names of both parties, their social security numbers, date of birth, current mailing address, and details of all minor children from the marriage.
One the petition is filed, the clerk will issue a Summons, and both the Complaint and Summons need to be served to the other party. The other party then responds, and the case proceeds further.
When filing for a divorce in Knoxville, TN, there are only a few ways to settle it. A mutual agreement to split, a divorce trial, or a settlement. The above rules will help clarify what your options are and the quickest way to finalize the divorce. Divorce lawyers Knoxville, TN, can help ease the process, so you are not alone during this stressful time.
