No-Fault, Agreed Divorce or Fault, Contested Divorce.
The Daubenspeck Law Office can help you in Navigating and Filing for Divorce in Murfreesboro, Tennessee or the surrounding counties in Middle Tennessee. Filing for Divorce is a major life transition that brings up many legal and emotional questions. Understanding how Tennessee Divorce laws apply to your specific situation and finding an attorney that will be honest with you about your situation is the first step toward protecting your future. Allen R. Daubenspeck at The Daubenspeck Law Office is your divorce attorney.
Fault Based, contested divorce: If you do not agree on the property division, child custody, the parenting plan, or support payments, you have a contested divorce. One spouse must prove specific legal grounds to get a divorce. Tennessee recognizes many contested grounds for divorce and 1 primary uncontested ground for divorce in Tennessee Code Annotated section 36-4-101. These contested grounds include inappropriate marital conduct such as spousal abuse, adultery, habitual drunkenness, and willful desertion.
No-Fault, uncontested divorce: Irreconcilable Differences is the most common ground for a no-fault, uncontested or agreed divorce. It means the marriage is irretrievably broken, and both parties agree to part ways without overtly blaming each other in the public courts. For the divorce to be uncontested the parties must agree on every issue including property and asset division, custody of the children, and child and/or spousal support. An uncontested divorce is usually the quickest and least expensive way to get divorced in Murfreesboro, Tennessee and surrounding counties. In many cases, neither party will need to go to court.
If you live in Murfreesboro or the Middle Tennessee area, The Daubenspeck Law Office can effectively represent you in your Divorce. Mistakes can cost you financially and emotionally for years to come. We can ensure your rights are protected during asset division, custody negotiations, and during mediation. If you are considering filing for divorce or have been served with papers, I can help you understand your options. The consultation is confidential. My law office is located in Murfreesboro, Tennessee, but I serve all of Rutherford County and many of the surrounding counties as well.
https://law.justia.com/codes/tennessee/title-36/chapter-4/section-36-4-101/
(a) The following are causes of divorce from the bonds of matrimony:
(1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
(2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
(3) Either party has committed adultery;
(4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
(5) Being convicted of any crime that, by the laws of the state, renders the party infamous;
(6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
(7) Either party has attempted the life of the other, by poison or any other means showing malice;
(8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
(9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
(10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
(11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
(12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
(13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
(14) Irreconcilable differences between the parties; and
(15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
(b) A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.