Franklin, TN Divorce Attorney

What Is Legal Separation?

Legal separation is a practical alternative to divorce, allowing a couple to decide on specific issues without permanent dissolution being the end goal. 

You and your spouse will come to a formal agreement on matters involving:

• Child Custody
• Visitation
• Spousal support

Although separated, you and your spouse remain legally married.

What Are the Benefits of Legal Separation?

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

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

Couples also choose to separate as a way to find time to reflect and reunite or make a final decision on divorce.

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.

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. 

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. 

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. 

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