Rutherford County Divorce Attorneys Support Families Making Difficult Changes
Our dedicated Tennessee attorneys are here to represent you and your family’s best interests in Rutherford County
Contemplating the idea that divorce might be best for you and your family is difficult, but it happens every day. If you have decided that filing for dissolution of marriage is in your best interest, our trusted Rutherford County divorce attorneys at Kidwell, South, Beasley & Haley are here to help you during difficult family legal matters. Put your legal worries in our hands so you can focus on taking care of yourself and your family.
My spouse will not agree to a divorce. How does contested divorce work in Tennessee?
There are two types of divorce in Tennessee:
An uncontested divorce is usually granted based on irreconcilable differences. A contested divorce requires proof of grounds for divorce. Grounds for a contested divorce include:
- Habitual drunkenness or abuse of narcotic drugs established after the time of marriage;
- Living apart for two years with no minor children;
- Inappropriate marital conduct such as cruel or inhuman treatment which would make living together unsafe;
- Willful or malicious desertion for one full year without a reasonable cause;
- Conviction of a felony;
- The wife was pregnant by another person, without her husband’s knowledge, at the time of marriage;
- Refusal to move to Tennessee with your spouse and living apart for two years;
- Malicious attempt upon the life of another;
- Lack of reconciliation for two years after the entry of a decree of separate maintenance;
- Either party, at the time of marriage, was and continues to be sterile or suffer from infertility;
- Bigamy; and
- Abandonment or refusal or neglecting to provide for spouse although able to do so.
Evidence of any of the above must be submitted to the court. This must be done even if the other party admits to any of the above accusations. The court will hear proof of any allegations and will then either dismiss the petition or grant the divorce.
Your spouse will have 30 days after being served with the divorce complaint to answer and contest the divorce. Contested divorces can take a very long time to resolve (the court will often give about six months just to prepare for trial). While the divorce is pending, you can ask the court for pendente lite relief. Pendente lite relief is when the court will issue an order pending the final divorce decree. If you do not want your spouse to have access to your children or want all visits to be supervised, you can request this of the court.
A judge may require you and your spouse to attend mediation prior to scheduling a contested divorce trial. The aim of mediation would be to attempt to resolve any contested issues on your own. If you have children, you will also be required to attend a parent education class.
Don’t face the divorce process alone. Contact our Rutherford County divorce attorneys today for a free consultation
The Rutherford County divorce attorneys at Kidwell, South, Beasley & Haley have more than 40 years of experience and offer the personal attention you need. Contact Kidwell, South, Beasley & Haley today online, or call 615-893-1331 to schedule a free consultation.