Serving Clients Throughout Middle Tennessee
Man and woman sitting apart from each other

Divorce’s Most Asked Questions

There are many reasons why the relationship between spouses comes to an end. When pursuing a divorce, there are several factors that must be taken into consideration, factors that many people may not even know about. We aim to answer all of the most-asked questions regarding divorce to help you better understand what to expect during the process.

How much does it cost to file for divorce?

The initial cost for administration and court fees can range from $100 or less to $300 or more.

Is Tennessee a no-fault state?

The state of Tennessee is not entirely a no-fault state. It accepts divorces on the basis of irreconcilable differences where both spouses agree to the terms of the divorce, or one spouse is able to present ground for an at-fault divorce.

What are the grounds for an at-fault divorce?

At-fault grounds for divorce are presented when one or both spouses wish to separate due to any wrongdoing against them. These grounds must be proven in court with credible evidence and include the following:

  • Adultery
  • Impotency
  • Bigamy (being married to more than one person at the same time)
  • Abandonment
  • One spouse is convicted of a felony or crime that renders them infamous
  • Cruel or inhuman treatment
  • Habitual drunkenness or drug abuse

Though these are the most common grounds for at-fault divorces, it is wise to contact experienced attorneys to see if your situation falls within the at-fault category of divorce.

When am I able to file for divorce?

The state of Tennessee does not have a waiting period, and you are able to file for divorce at any point in time.

What is mediation?

Mediation is a confidential meeting outside of the courtroom to give spouses the opportunity to come to an agreement on the divorce. A neutral third party is present to facilitate the discussion and is most useful when determining the best course of action for aspects such as child care and custody to ensure the best possible outcome for the children.

Will I have to go to court?

Not all divorce filers are required to appear in court. If you and your spouse are able to reach an agreement on all issues, a settlement can be reached during mediation to keep you out of the courtroom.

What has to be decided by the end of the divorce?

All relevant issues to the marriage must be decided by the end of the divorce proceedings. This includes aspects such as child support, child custody, alimony, and property division. A Permanent Parenting Plan will be established to decide any child-related issues and a Marital Dissolution Agreement will divide all of the assets and property and decide the terms of the alimony.

What are irreconcilable differences?

Irreconcilable differences are instances in which spouses are unable to get along or agree with each other enough to keep the marriage going. These differences must be made apparent that they are unable to be reasonably reconciled. The most common irreconcilable differences include:

  • Finances and expenses
  • Beliefs on parenting
  • Religious affiliation
  • Extended family relationships
  • Family dysfunction or lack of communication

How long do divorce cases take to complete?

A mutual-consent or no-fault divorce can take about two to six months to complete. There is a mandatory 60-day “cooling-off” period after the complaint is filed when spouses do not have children, and a minimum 90-day “cooling-off” period when there are children involved.

Contact Our Franklin Family Law Team Today

Legally ending your marriage can sometimes be extremely difficult and emotionally taxing. We understand the intricacies of divorce, and we are prepared to represent you with compassion and efficiency to make sure you are treated fairly during the process.

To learn more about how we can help with your divorce case, contact us today through our website or give us a call at (615) 933-2366 to schedule a consultation.