Divorce & Separation

Divorce Attorney Franklin

Focused on Personalized Family Law Services

At Puryear, Newman & Morton, PLLC, our Franklin divorce attorney understands that divorce can be difficult and emotionally draining. We are here to help you navigate through the divorce and legal separation process and ensure your rights and interests are protected. We are committed to providing you with the high-quality legal representation you need and deserve.

Our skilled and compassionate family law attorneys in Franklin, TN, have helped hundreds of families successfully navigate through divorce. When you work with our TN law firm, you can expect the same level of personal service and commitment that we deliver to every client.

When you work with our family law firm, you can expect a personalized experience. We will work with you to understand your unique needs and goals. We will then work with you to develop a customized strategy that is tailored to your situation. We want you to feel comfortable with our family law firm in Franklin, TN, and know that you are working with a legal team that has your best interests at heart.

As a trusted and experienced family law firm, we are committed to offering legal counsel that is personalized, efficient, and cost-effective. Our goal is to help you reach a favorable resolution to your case, while also helping you to avoid unnecessary costs. Our dedication to client-focused services sets us apart, ensuring that each client receives not just legal assistance but compassionate guidance during this challenging period.

Serving Families Throughout Williamson County, Tennessee

Our TN law firm serves families throughout Williamson County, including Franklin, Nolensville, Spring Hill, and Brentwood, Tennessee. If you are going through a divorce or legal separation, please feel free to contact our firm today to schedule a consultation. Our Franklin divorce attorneys are here to help.

We understand the community fabric of Williamson County, which allows us to provide legal services that are not only effective but also deeply understanding of local family dynamics. Our attorneys actively engage with local organizations to remain connected with the community’s issues and culture.

In this thriving community, families often face diverse challenges requiring legal solutions that reflect a nuanced understanding of local dynamics. From navigating property divisions involving local assets to addressing unique family structures within the community, our approach is informed by a comprehensive view of local life, reinforcing our role as trusted legal advisors.


Schedule a Consultation With Our Divorce Lawyers in Franklin, TN at Puryear, Newman & Morton, PLLC and Call us today at 615-933-2366!


What Is Legal Separation?

Legal separation is a practical alternative to divorce, allowing a couple to decide on specific issues without permanent dissolution. You and your spouse will come to a formal agreement on the end goal. This option can provide couples the time to assess their relationship while living apart, allocating responsibilities and rights without the finality of a divorce on matters involving:

Although separated, you and your spouse remain legally married, which allows for possible reconciliation without requiring remarriage. Legal separation can also provide a framework for couples to ease into divorce should they decide that is the best course of action.

Benefits of Legal Separation in Franklin

Deciding to separate instead of divorce may make sense for financial reasons, such as those concerning:

  • Taxes
  • Insurance policies
  • Social Security benefits
  • Religious reasons

In addition to financial and religious benefits, legal separation can facilitate the personal growth of each partner individually. It provides an opportunity to evaluate one's life direction and emotional well-being independently, which may influence future decisions about the marriage.

Couples also choose to separate as a way to find time to reflect and reunite or make a final decision on divorce. This decision can bring clarity and ensure that if a divorce does occur, both parties feel it was considered carefully.

Grounds for Legal Separation in Tennessee

In Tennessee, the process starts when you file a complaint for legal separation that provides the court with the grounds for pursuing separation. We live in a “mixed divorce state” which means providing specific reasoning is not required in both separation and divorce proceedings, but grounds could be used to initiate the process.

In a legal separation, you may claim irreconcilable differences, for example, or that you and your spouse have been living separately. After the complaint for legal separation is filed and a “cooling off” period has elapsed, you can negotiate the terms of your separation and the court will finalize your decisions and resolve any undecided matters.

The separation process allows for the establishment of specific living arrangements and responsibilities, which aids in reducing conflict and establishing a stable environment, particularly when children are involved. By formalizing these arrangements, both parties can have a clearer understanding of their future, reducing uncertainty and stress.

What is a Wife Entitled to in a Divorce in Tennessee?

In Tennessee, a judge will divide marital assets equitably during a high-asset divorce. This ruling means that assets will be divided fairly and equitably, but not necessarily with a 50/50 split. The division depends on circumstances such as each spouse's financial situation and ability to earn an income. 

Understanding these legal parameters can help spouses prepare better for the division of marital assets and obligations, ensuring that the outcome respects the contributions and needs of both parties. Legal counsel can provide guidance on interpreting complex asset situations, such as those involving business ownership, retirement accounts, and debt responsibilities.

Can a Spouse Refuse Divorce in Tennessee?

A spouse can refuse to sign divorce papers in Tennessee, but you can still get a divorce. You don’t need your spouse’s signature or permission to divorce, but you will need a family lawyer.

If one spouse refuses to cooperate, the divorce can proceed as a contested divorce, where the court will decide on critical matters such as asset division and custody arrangements. This scenario underscores the importance of legal representation to navigate the complexities and ensure compliance with all procedural requirements, securing fair outcomes even in adversarial situations.

Contested vs. Uncontested Divorce in Tennessee

An uncontested divorce occurs when both spouses agree on all key issues related to the marriage dissolution, including property division, child custody, child support, visitation, and spousal support. Since there is mutual agreement, the process is typically faster, less expensive, and less stressful.

  • Legal Process: To file for an uncontested divorce, known in Tennessee as a “no-fault” or “irreconcilable differences” divorce, both parties must sign a marital dissolution agreement that outlines the terms. If there are minor children involved, a parenting plan must also be submitted. Once the documents are filed, the court usually reviews and finalizes the divorce without requiring a contested hearing.
  • Timeframes: Tennessee law requires a mandatory waiting period before the divorce is finalized. For couples without minor children, the waiting period is at least 60 days. If minor children are involved, the wait extends to at least 90 days.
  • Costs: Since uncontested divorces avoid costly litigation and lengthy court proceedings, legal fees and court costs tend to be significantly lower.
  • Potential Challenges: While smoother than other options, creating a fair and comprehensive marital dissolution agreement that satisfies both parties can still be challenging. It’s important to ensure everything is clearly detailed to avoid future disputes.

A contested divorce occurs when the spouses cannot reach an agreement on one or more significant issues. These disputes require court intervention to make the final decisions on behalf of the parties.

  • Legal Process: A contested divorce starts with one spouse filing a divorce complaint, outlining their desired outcomes for matters such as custody, property division, or support. The other spouse typically responds with their own counterclaims. The case proceeds through discovery, negotiations, mediation attempts, and potentially trial if agreements cannot be reached.
  • Timeframes: Contested divorces can take much longer to resolve, ranging from several months to over a year, depending on the complexity of the issues and the court’s schedule.
  • Costs: Because contested divorces involve more extensive legal work, including court appearances, depositions, and possibly expert witnesses, they are more expensive. Attorney fees and court costs can add up quickly with prolonged disputes.
  • Potential Challenges: Contested divorces are often emotionally and financially draining. Prolonged disputes over sensitive matters like child custody or property division can increase stress for everyone involved, including children.

The decision between a contested and uncontested divorce largely depends on the unique circumstances of your situation. If you and your spouse can work together amicably, an uncontested divorce may save you time, money, and stress. However, if significant disagreements exist, pursuing a contested divorce may be necessary to protect your rights and interests.

No matter which path your divorce takes, having a skilled family law attorney by your side is invaluable. An attorney can help you draft fair agreements for an uncontested divorce or aggressively represent your interests in a contested case. At every step, they will guide you through the legal process, ensuring your rights and future are fully protected.
 

How Long Does a Legal Separation Take in TN?

In TN, there is a mandatory waiting period before a judge can act on a legal separation case. The waiting period is 60 days if there are no minor children or 90 days if there are. During this time, spouses should negotiate the terms of their separation agreement. 

Properly utilizing this waiting period is crucial. Spouses can use this time to gather necessary documentation, seek financial advice, and work with their attorneys to outline terms that will shape their future lives. This period also allows for emotional adjustment, which is equally important in ensuring that everyone involved, especially any children, can transition smoothly when the separation becomes legal.

How to Choose a Divorce Attorney in Franklin?

Choosing the right divorce attorney is essential to successfully navigating the complexities of divorce. In Franklin, you'll want an attorney who not only understands Tennessee's divorce laws but also appreciates the unique dynamics of local families and communities. Begin by researching local law firms and reading client reviews to understand previous client experiences and outcomes. Look for an attorney with a strong reputation and a personalized, compassionate approach.

Given that divorce involves multiple legal and emotional dimensions, it’s crucial to have a lawyer who listens to your concerns and aligns with your goals. During consultations, inquire about their experience with cases similar to yours, their typical client relationship model, and how they handle potential conflicts or complications. Selecting an attorney you trust not only to represent your interests but also to guide you through the divorce process can impact the overall experience significantly.

Understanding Child Custody Laws in Franklin

Child custody is often one of the most disputed aspects of divorce. Understanding Tennessee’s child custody laws can help in preparing for these discussions. Tennessee law focuses on the best interests of the child, evaluating factors such as the child’s relationship with each parent, the health and safety of the child, and each parent’s living situation.

In Franklin, courts encourage cooperative parenting arrangements and may lean towards joint custody if it benefits the child. However, each case is unique; therefore, comprehensive representation is crucial. 

The goal is to negotiate a custody arrangement that fosters a stable, loving environment for the child, balancing time between parents without disrupting their routine unnecessarily. Our team is seasoned in managing these sensitive discussions, striving always to prioritize the child's welfare.


Have additional questions regarding legal separation in Tennessee? Contact our knowledgeable Franklin separation lawyers online to learn more.


Mediation and Collaborative Divorce

Divorce doesn’t have to be a battle. Mediation allows a divorcing couple to talk about issues and reach important agreements without having the stress of a judge deciding their future. Often, it is a more comfortable, less costly, and more productive approach to your legal matter.

In Tennessee, mediation is required in almost all divorce cases before trial unless the court allows the parties to waive mediation. Our family lawyers are experienced and have settled many cases in mediation. They will select a mediator that is right for your case, prepare you for mediation, and participate in mediation with you.

By engaging in mediation, couples maintain more control over the outcomes affecting their lives and the lives of their children. This process tends to foster a cooperative spirit, which can be beneficial when co-parenting is involved. It often results in creative solutions that might not emerge in traditional courtroom settings, prioritizing the unique needs of each family.

Similarly, the collaborative divorce process focuses on you and your family as individuals. It involves a team of financial professionals, legal professionals, and mental health professionals who develop practical solutions to the terms of your divorce agreement.

You will work with an attorney who is specially trained in collaborative law and sign an agreement allowing your team of professionals to help assess important issues. Mediation and collaborative divorce may not be right for all couples.

When considering alternative dispute resolution methods, it’s essential to assess the dynamic and communication level between both parties. While these methods can significantly reduce stress and the time involved in the divorce process, individuals need to be committed to negotiation and compromise for these alternatives to be effective.


 To discuss your situation, contact our divorce lawyers in Franklin at Puryear, Newman & Morton, PLLC. We offer tailored legal help to families throughout Williamson and Davidson counties, as well as across Metro Nashville.


 

A Reputation for Excellence

  • Experience
    Our attorneys have over 100 years of combined legal experience.
  • Dedicated
    Our attorneys are dedicated to serving the needs of it's clients in a professional, ethical, and caring manner.
  • Diverse
    We are a full-service law firm with skilled attorneys who have years of experience handling specific areas of law.
  • Rooted In the Community
    Our firm has been serving the people of Franklin for over 20 years and have an excellent reputation within the community.

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Tennessee Divorce FAQ

  • At least one spouse must have lived in Tennessee for at least 6 months prior to filing for divorce.

  • Not all divorce cases go to trial. Most divorces end up settling before a case reaches court, either through mediation or continued negotiations. If both parties are unable to reach an agreement, then both must go to court.

  • If you and your spouse agree on all terms and have no children, there is as 60-day waiting period from the time you file before the divorce can be final. If you have children, the waiting period is 90 days. The waiting period is required in the event that couples change their minds and reconcile during that time. However, if you are facing a contested divorce that may end up in court, your divorce could take years to resolve.

  • An uncontested divorce is one where both parties agree to all the terms of the divorce. By contract, a contested divorce is one in which the spouses disagree on all the major issues, including child custody, spousal support, and property division.