Knoxville Divorce Attorney: Contested Divorces

In Tennessee, as in many states, divorces can be either contested or uncontested. Contested divorces occur when spouses cannot agree on one or more key issues, such as property division, alimony, child custody, or child support. These divorces tend to be more complex and time-consuming than uncontested divorces. Understanding the process and legal requirements for contested divorces in Tennessee is essential for anyone facing this challenging situation. Herrera Still, PLLC is a Knoxville tn family law firm and we wrote this article to give our readers an overview of the divorce process in Tennessee, written by real Knoxville custody attorneys and family law attorneys.

 Grounds for Divorce in Tennessee

In Tennessee, divorce is governed by specific grounds outlined in the state's legal statutes. Understanding these grounds is crucial for anyone considering or going through a divorce in the state. Here are the 15 grounds for divorce in Tennessee:

1. Impotence: Either party, at the time of the marriage contract, was and still is naturally impotent and incapable of procreation.
2. Bigamy: Either party has knowingly entered into a second marriage, in violation of a previous marriage that is still subsisting.
3. Adultery: Either party has committed adultery.
4. Willful or malicious desertion: Willful or malicious desertion or absence of either party, without a reasonable cause, for one whole year.
5. Conviction of a crime: Being convicted of any crime that, by the laws of the state, renders the party infamous.
6. Felony conviction: Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary.
7. Attempted murder: Either party has attempted the life of the other, by poison or any other means showing malice.
8. Refusal to move to Tennessee: Refusal, on the part of a spouse, to remove with their spouse to Tennessee, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two years.
9. Concealed pregnancy: The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband.
10. Habitual drunkenness or drug abuse: Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted such habit after marriage.
11. Cruel and inhuman treatment: The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper.
12. Indignities rendering position intolerable: The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw.
13. Abandonment: The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to do so.
14. Irreconcilable differences: Irreconcilable differences between the parties.
15. Separate residences for two or more years: For a continuous period of two or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.

These grounds for divorce provide a legal basis for ending a marriage in Tennessee. In order for a party to initiate a divorce, a party must allege at least one of the reasons listed above.

Initiating a Contested Divorce in Tennessee

The first step in a contested divorce is filing a Complaint for Divorce with the appropriate Tennessee court. This document outlines the grounds for divorce and any initial requests regarding property division, alimony, child custody, and child support. The filing spouse (the "plaintiff") must then serve the complaint on the other spouse (the "defendant") according to the Tennessee Rules of Civil Procedure.

 Responding to the Complaint for Divorce

Once served with the complaint, the defendant has a limited time to respond. This typically involves filing an Answer to the Complaint, in which the defendant addresses each of the plaintiff's allegations and may raise counterclaims or affirmative defenses. Failure to respond could result in a default judgment against the defendant.

Discovery in Tennessee Contested Divorces

Discovery is a crucial phase in contested divorces, allowing both parties to gather evidence and information from each other. This can include interrogatories (written questions), requests for production of documents, depositions, and requests for admissions. Discovery helps uncover assets, clarify financial situations, and gather information relevant to child custody and support issues.

Mediation and Settlement Negotiations

Tennessee law requires parties in contested divorces to attempt mediation before proceeding to trial, but there are some exceptions. Mediation involves a neutral third party who helps the parties negotiate a settlement agreement. If mediation is successful, the parties can avoid the time, expense, and emotional strain of a trial. However, if mediation fails, the case will proceed to trial.

Trial and Court Proceedings in Tennessee

In a contested divorce, the court will hold a trial to resolve any remaining issues. Each party presents evidence and arguments supporting their position on matters such as property division, alimony, child custody, and child support. The court will then make a final decision based on the evidence presented and the applicable law.

Child Custody and Support in Contested Divorces

Child custody and support are often the most contentious issues in contested divorces. Tennessee courts prioritize the best interests of the child when making custody determinations. Child support is calculated using the Tennessee Child Support Worksheet Calculator, which considers each parent's income, the number of children, and other relevant factors.

Tennessee Temporary and Permanent Parenting Plans

During a contested divorce, temporary parenting plans may be established to outline custody and visitation arrangements while the divorce is pending. A permanent parenting plan is developed as part of the final divorce decree, detailing long-term arrangements for raising the children, including custody, visitation, and financial responsibilities.

Conclusion 

A contested divorce in Tennessee can be complex and emotionally challenging. It's essential to have sharp legal representation to guide you through the process and protect your rights. If you're facing a contested divorce, and if you need assistance, Herrera Still, PLLC is here to help. Please call us at (865) 888-6224 to schedule a consultation.