Law Office of David L. Scott

Murfreesboro Divorce Attorney

Answering your questions and addressing your concerns about divorce

The dissolution of a marriage is never easy. No matter how long or short the relationship, the size of the family unit, or a lack thereof, breaking apart what was originally established under better terms is never easy. It can be an event with life-altering implications. At The Law Office of David L. Scott, our Murfreesboro divorce attorney works one-on-one with you to ensure your best interests are protected. To help you understand the ins and outs of the process, we have compiled a list of frequently asked questions to help guide your decision and address your concerns. For more information, we offer a free initial consultation in our Murfreesboro office.

Who can file for divorce in Tennessee?

Either party may file for divorce, the only prerequisite is having established residency in Tennessee for the six (6) months prior to filing. There are instances, however, as in cases of abuse, where the Court will hear a Petition before the mandatory time has passed.

What are the grounds for granting a divorce in Tennessee?

Unless the parties agree, the divorce is considered contested and the Court can apply any one of these factors in determining whether or not to grant a divorce:

If my divorce is uncontested, can one lawyer handle all the arrangements?

Due to a potential conflict of interest, one attorney should never represent both parties. It is always recommended that both individuals involved in the divorce proceedings be represented by their own legal counsel. This ensures everything is handled in a legal, Court-approved manner, including the creation and filing of pleadings and any Court appearances or hearings.

How long will the divorce take, and how much will it cost?

A good rule of thumb is to consider the complexity of the divorce before determining a proper time frame. In general, an uncontested divorce with no children is finalized after the minimum/mandatory 60 day waiting period. If children are involved, the waiting period is extended to 90 days. Contested divorces can take up to a year or more, on average, to be finalized. And since each case is different and the circumstances specific to the individuals involved, an estimated price is difficult to determine. Court costs alone can run between $100 to $500.

How is the marital property divided?

Tennessee is an equitable distribution state, but this does not mean things are always split down the middle 50/50. The Court can choose to alter the percentages based on need, or fairness, or based on the contributions of both parties to the marital whole.

If there is a child or children involved, how is child support and custody determined?

This is a very complex question. Tennessee follows the Department of Human Services Child Support Guidelines and said obligation cannot be contracted away by either party. An Income Share Model is used, and once the parents’ shares of the obligation are determined The Tennessee Schedule of Basic Child Support Guidelines indicates the amounts each owes.

As for custody, that’s even more complicated. The basic rule of thumb is what is in the best interest of the child. Some factors a Court may use in the decision include:

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Our focus is on helping you get through your legal troubles. With more than 25 years of experience, we are committed to getting the best legal outcome for you. Contact today for a free case evaluation. We look forward to hearing from you!