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Knoxville Divorce Lawyers

Divorce Attorneys – Knoxville, TN

Divorce Lawyer Near Me Knoxville TN

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If you want to divorce amicably and affordably, you have to be prepared – we can help!

What If You Could Get Divorced Without Ruining  Your Life & Hurting Your Kids?

YOU CAN.

Divorce will not be easy or painless. Divorce comes with change, and change is hard.

Once your divorce is over, you will be okay, and your kids will be alright.

We understand that you have many questions.

Will the pain of divorce be worth it? When you are just beginning, you don’t know how things will end and that is what makes getting a divorce so scary and difficult.

There are no guarantees, but some people go through a divorce more easily than others.

These three things can help:

  • Confidence in your decision to divorce or acceptance of your spouse’s decision to divorce
  • Diligence in preparation & control over the process
  • Getting the right help and support from a trusted divorce attorney in Knoxville, TN

We can help you do all of these things.

For many families, divorces are extremely complicated and involve a lot of sadness, anger, stress and confusion. At Easter & DeVore – Knoxville Divorce Lawyers, we work hard to make the divorce process more manageable and less stressful by explaining all relevant legal issues and your options. Our goal is to help our clients successfully rebuild and restart their lives following a divorce.

Most people are not familiar with the legalities surrounding a divorce, our divorce attorneys in Knoxville, TN, can help you create and execute a plan to manage the issues that come with ending a marriage. Some of these difficulties are transitioning to one income, potentially sharing parental responsibilities and dividing property accumulated throughout your marriage. We take the time to listen to your concerns and guide you through every aspect of your case.

While you may have a friend or family member who has gone through a divorce, it is difficult to understand the legalities of divorce law without an experienced family law and divorce advocate on your side to help guide you through this process.

When people get married, they don’t envision their relationship going through a separation or permanently ending in a divorce. They usually think about having a lifelong love that will last.  Unfortunately, not all love lasts forever. If you realize your happily ever after is not with the person you are with, you need to find a Knoxville divorce lawyer to help you proceed with legal separation or divorce.

Depending on the reasons that you are seeking a divorce, there may be different options available to you and your spouse.

Divorce is never an easy situation. Whether you are ready for a divorce or are still hoping for a reconciliation, there are different legal options available that can help you. We understand that you are having a difficult time, and our divorce attorneys in Knoxville, TN, work hard to help you get through it. Couples have their own personal reason as to why they may choose to go with legal separation over divorce, but knowing the ramifications of both is essential to the overall resolution of the issue.

WE WILL HELP YOU UNDERSTAND :

  • The divorce process in Tennessee
  • The cost(s) of a divorce in Tennessee
  • How long a divorce will take in Tennessee
  • Your child custody, support and visitation rights in Tennessee
  • Your asset and property division rights in Tennessee
  • Your spousal support rights in Tennessee

WE CAN HELP YOU UNDERSTAND THESE COMMON QUESTIONS

How to file for divorce?

The process begins with filing a divorce petition to the court. A copy of the same is sent to your spouse and will be given a few days to revert. Depending on your spouse’s response to it, the case will proceed accordingly.

What is the divorce process and what divorce process will be best for me?

In Tennessee state, the divorce lawsuit begins with filing a complaint. The one who files the divorce is the plaintiff. The divorce lawyer can mail another lawyer or individual a lawsuit and the receiver can acknowledge the lawsuit by mail. The recipient can choose to answer or file a countersuit.

Depending on the response of the receiver, the divorce process can end in a mutual agreement, divorce trial or settlement. 

To find the best divorce process for you, please get in touch with a trusted Knoxville divorce lawyer. 

What is an Agreed or Uncontested Divorce?

Agreed Divorces are what they sound like – both parties want and agree to getting a divorce. (CLICK HERE TO LEARN MORE)

You can also learn more about the Agreed Divorce Process and the steps needed to take in Tennessee by clicking here.

What is a Contested Divorce?

Contested Divorce occur under a variety of circumstances, such as one spouse wants a divorce and the other does not. (LEARN MORE)

What is the Contested Divorce Process?

We can help you understand the Contested Divorce Process (CLICK HERE TO LEARN MORE)

What is divorce mediation? 

Mediation is an informal settlement conference used in divorce and custody cases to help resolve disputes outside of the court. (CLICK HERE TO LEARN MORE)

How much does a divorce cost?

There are both fixed costs and variable divorce costs. The fixed costs include divorce filing fees, and fees paid to have legal papers served on your spouse. Variable costs include fees for document preparation and legal representation by an attorney. The attorney’s fees can vary immensely, depending upon the complexity of the case.

Who pays for a divorce in Tennessee?

Each party is responsible for paying his or her own lawyer’s fees in a divorce. In certain circumstances, one spouse can be ordered to pay the other spouse’s legal fees.

How should I plan and prepare for a divorce?

Pre-divorce planning is all about making smart choices with a clear mind. The best way to avoid a financial crisis is to make your career a top priority and start re-planning your career if you think your current income won’t be enough to sustain when you are single. If you’re expecting alimony and child support to take care of your finances after a divorce, get in touch with a financial advisor to determine how to best position your assets.

How long will a divorce take?

There are several factors that may affect the amount of time needed to get a divorce, some of which vary by state.

What is a default in a Tennessee Divorce?

A default is a type of Motion that is scheduled with the Court. A default can only occur after a spouse has been served with divorce papers, and after at least 30 days have lapsed, they have not filed a formal answer with the clerk. (CLICK HERE TO LEARN MORE)

How Does a Court Divide Assets and Debts in a Divorce?

Courts must divide assets and debts based on “equitable distribution”- what is fair and reasonable after examining a list of factors. (PLEASE CLICK HERE TO LEARN MORE)

How is Debt Divided in a Tennessee Divorce?

The court will look at why the debt was incurred, who benefitted from the debt, when and how the debt came to be, and who is better able to pay the debt. (PLEASE CLICK HERE TO LEARN MORE)

How to change your name after a divorce?

After finalizing a divorce, changing your name is usually a straightforward process because your former spouse has no right to contest a name change.

How can I get divorced amicably?

Regardless of the factors that led to the failure of your marriage, don’t blame each other for it. Both parties should opt for good faith negotiation where you and your spouse should openly disclose all assets, debts, income, tax returns, bank accounts, etc. to determine what issues need to be discussed and resolved. A good faith negotiation will keep your divorce proceedings transparent so you can have an amicable divorce.

What should I do if I don’t want a divorce?

If you don’t want a divorce, consider suggesting counseling or a trial separation. You can create a formal legal separation agreement, similar to a final divorce agreement, so there are clear parameters for how money and time with the kids are handled during the separation period.  However, your spouse would need to agree to it.

Do I need a divorce attorney?

It is generally a wise choice to consult with a lawyer about major life events or changes, such as divorce. They can guide you in protecting your rights, as well as the rights of your children.

How long do I have to be separated from my spouse before I can get divorced?

You do not have to be separated from your spouse for a period of time before filing for divorce in the state of Tennessee.

If I get sole custody of the children, can I do what I want without asking my ex-spouse?

Sole custody no longer exists as a meaningful legal term in Tennessee law. In 2001, the primary residential parent (PRP) term was created. It refers to the parent with whom a child lives more than with the other parent. The other parent is an alternative residential parent (ARP).

If my Ex does not pay child support, do I still have to let them see the kids?

In extreme circumstances of non-payment for child support, the court may consider an application to terminate visitation rights or parental rights. It is advisable to discuss this situation with an experienced divorce attorney in Knoxville, TN.

I already pay child support, do I have to pay for other expenses as well?

The party paying child support is only needed to pay the amount ordered by the court. Any amount spent by either parent beyond the child support obligation is voluntary.

What are some common parenting plan schedules in Tennessee?

We very commonly see parenting plan schedules that are week-on, week-off, meaning the parents exchange the child/ren once per week, often on a Friday after school. (CLICK HERE TO LEARN MORE)

How Does Work Alimony in Tennessee?

There are four types of Alimony in Tennessee – learn more by (CLICKING HERE).

Do I have to pay for alimony / maintenance? If so – how much and for how long?

There are four types of alimony in Tennessee: periodic alimony, transitional alimony, rehabilitative alimony, and lump-sum alimony. If the length of the marriage is 25 years or more, then the obligation will be determined based on the long-term needs of the supported spouse.

Am I entitled to alimony / maintenance while the divorce is pending?

In most cases, temporary alimony is awarded as long as the divorce is pending.

My spouse has created a lot of debt, am I responsible for that?

It depends on when the debt was incurred. For example, if you get a divorce and your ex creates a series of debts post-divorce, you should not have to pay anything. However, if your name is on any joint debts, then you might have to settle the payments along with your spouse.

Can a divorce attorney subpoena bank records?

If bank accounts are in your spouse’s name alone, or he or she has separate business bank accounts,  your attorney can subpoena bank records. The bank must notify the account holder of the subpoena, and if the account holder objects, you will be required to go to court to obtain an order for production.

Can a divorce lawyer represent both parties?

Technically, you and your spouse are opposing parties in a lawsuit. Representing both of you at the same time would be considered a conflict of interest for an attorney.

Can a divorce lawyer subpoena phone and text records?

No. An attorney can’t obtain the text messages, but the attorney can obtain copies of the history of communications sent and received.

Who loses the most in a divorce in Tennessee?

The most vulnerable are children, some of whom can even lose trust in their parents. Any parent can be emotionally hurt when their child suffers or loses trust in their father or mother.

What is a conflict of interest in a divorce case?

It would be a conflict of interest for us to represent both parties in a divorce action.

What is the cheapest way to get a divorce in Tennessee?

The fastest and cheapest way for spouses to separate legally is through an uncontested divorce. Uncontested divorce is only available to couples without minor children (biological or adopted) in Tennessee.

What is a spouse entitled to in a divorce in TN?

As per Tennessee code § 36-4-121, the judge will split all marital assets equitably during a divorce. However, equitable distribution doesn’t necessarily mean equally divided assets.  In other words, the division is based on the financial situation and the ability of each spouse to earn an income of each spouse.

Who has to leave the house or home in a divorce in TN?

Often times one spouse will leave the home voluntarily during a divorce because they believe it is the right thing to do.  A divorce does not require either spouse to leave the residence.

Can a spouse refuse a divorce in Tennessee?

In Tennessee, if a spouse does not sign divorce papers after being served, divorce can still proceed. You can file with the court and wait for a court date to be assigned. In the event your spouse fails to appear for that court date, a default divorce judgment will be granted by the judge.

Is your spouse entitled to your inheritance in a divorce in Tennessee?

In Tennessee, an inheritance received before or during marriage is considered separate property.  It is important to note that the courts will take your inheritance into account when dividing your assets, even though they don’t consider it marital property.

Can I file for divorce by myself in TN?

An “agreed divorce” in Tennessee is possible under limited circumstances without hiring an attorney.  Tennessee’s Supreme Court has approved divorce forms that, if properly completed, must be accepted by all divorce courts in the state.

Can you get a divorce without having to go to court in Tennessee?

In Tennessee, there are two ways to get an uncontested divorce, depending on whether you have children and your property.

Is it better to file first for a divorce in Tennessee?

Filing first will give you the time to prepare, plan and collect the right evidence in a proper manner if needed.

What do I need to know when planning to meet with a divorce attorney?

Going through a divorce is not easy, and it will likely come with a rollercoaster of emotions like you have never experienced before. Transitioning into major life changes has always been a challenge, and with a divorce agreement, change will be inevitable. Without proper guidance, you may feel lost and unsure of how to navigate these changes or come up with an agreement for both parties.  (CLICK HERE TO LEARN MORE)

Electronic Spying & Divorce In Tennessee – Wiretapping and Recording Telephone Calls

If you are currently in the process of divorce or are considering one, it is our very nature that can push you to collect as much information as you can about your divorce case. (CLICK HERE TO LEARN MORE)

What is Inappropriate Marital Conduct in Tennessee?

Inappropriate Marital Conduct is one of the grounds for divorce in Tennessee. You can learn more by CLICKING HERE.

What Are Grounds For Divorce In Tennessee?

There are many grounds for divorce in Tennessee. These are all also grounds for legal separation. A trial court may award a divorce to either party, or both, based upon the following grounds. (LEARN MORE)

We can help you with:

Legal help in your divorce or legal separation case can be extremely beneficial for many reasons. Some of the divorce proceedings you will go through can be complex in nature as well as emotional. It can really help your case to have a Knoxville divorce lawyer who is familiar with the divorce laws on your side. A resourceful attorney can answer any questions you have and work on your behalf when it comes to negotiations, mediations, and any possible court proceedings. You don’t want to go through this process alone.

Contact A Knoxville Divorce Lawyer

There is a lot at stake with a divorce, don’t make the mistake of trying to handle it on your own. Schedule a free initial telephone consultation with the skilled divorce lawyers in Knoxville, TN at Easter & DeVore, Attorneys at Law, to discuss your situation and your options.

To make an appointment at our office in Knoxville, Tennessee, call 865-566-0125 or send us an email. We accept credit cards.

We help people and families with divorce and family law legal issues in Knoxville, TN and the surrounding towns, areas and counties – call TODAY for help!