Knoxville Divorce Attorney

Seasoned Legal Professionals With 40+ Years Combined Experience 

At Menefee & Brown, P.C., we understand the complexities of divorce and family law matters. Our distinguished Knoxville divorce attorneys bring over 40 years of combined experience to provide empathetic support and strategic counsel. We prioritize listening to your unique needs, formulating achievable goals, and fiercely advocating for your rights. 

Recognized by the American Institute of Family Law Attorneys and The National Advocates, our commitment to excellence means we go above and beyond to ensure you receive the highest standard of legal services. The legal team at Menefee & Brown P.C. has knowledgeable divorce lawyers devoted to empowering you through challenging times.

Call the Knoxville divorce attorneys at Menefee & Brown, P.C, today at (865) 351-2029 to schedule a consultation.

What are Valid Grounds for Divorce in Tennessee?

Tennessee law allows for both fault-based and no-fault divorces.

No-Fault Divorce

A no-fault divorce is the simplest type of divorce in Tennessee. It is based on the grounds of irreconcilable differences, which means that both spouses agree their marriage cannot be repaired. Alternatively, a couple may file for a no-fault divorce after living separately and apart for at least two years, provided they have no minor children.

Fault-Based Divorce

For a fault-based divorce, one spouse must prove that the other’s actions caused the breakdown of the marriage. Grounds for a fault-based divorce in Tennessee include:

• Adultery.
• Abandonment or desertion.
• Habitual drunkenness or drug abuse.
• Physical or emotional cruelty.
• Impotence.
• Felony conviction resulting in incarceration.

Proving fault can impact aspects of the divorce settlement, such as alimony and the division of marital assets. A Knoxville divorce lawyer can evaluate the specifics of your case and help you determine whether filing on fault-based grounds is appropriate.

What are Common Legal Issues in a Divorce in Tennessee?

Divorce is a multifaceted process that can be emotionally challenging and have a lasting impact on your financial and professional life. Making decisions under such strain can lead to errors in judgment, but having an experienced Knoxville divorce lawyer by your side can alleviate your stress. 

Here are some common issues and complexities that may arise during divorce proceedings in Tennessee:

• Property Division: Determining the equitable distribution of assets and debts accumulated during the marriage.
• Child Custody and Support: Setting up parenting plans and determining child support obligations.
• Tax Implications: Addressing the potential tax consequences of alimony, property transfers, and dependency exemptions.
• Retirement Benefits: Evaluating the division of retirement accounts and ensuring compliance with applicable laws and regulations.

These issues require careful consideration and strategic planning to reach fair and sustainable outcomes for all parties involved. Additionally, in Tennessee, the grounds for divorce encompass a wide range of events or issues that can strain a marriage. This includes fault divorce, where the end of the marriage is attributed to your spouse's behavior.

Some of the grounds for a fault divorce in Tennessee are adultery, alcohol or drug abuse, attempted murder of the other spouse, bigamy, conviction of a crime, cruel and inhuman treatment, desertion, entering a second marriage, and impotence. It's essential to consult with a Knoxville divorce attorney to understand all available options under the Tennessee family law code.

Other Divorce Issues and Complexities in TN

Divorces can involve a myriad of issues, some complex and others simply unique. It’s important that couples work with an experienced Knoxville divorce attorney to ensure they have access to the resources needed to reach a comprehensive resolution. Understanding the following divorce topics and complications that can arise during a divorce will help you navigate the process effectively. 

• Complex Divorces: Divorces can vary in complexity based on the unique circumstances of the parties involved. Shorter marriages may entail simpler dissolution processes due to limited marital property, while longer marriages often lead to increased complexity. Divorces involving high-value assets, intricately intertwined property, and potential child custody and support issues can also be difficult to reconcile.
• Alternative Divorce Resolution: Various methods exist for resolving divorce-related issues in TN, including negotiation, mediation, and alternative dispute resolution to minimize time and expenses. However, contentious divorces may require litigation, requiring a balance between aggressiveness and sensitivity to navigate difficult cases effectively.
• Alimony Considerations: In Tennessee, the court can order alimony payments under Code Section 36-5-121 based on the nature of the case and the circumstances of the parties. These payments can be ordered in specific amounts and intervals, with traditional alimony ending upon the recipient's death or remarriage. Seek the counsel of an experienced Knoxville divorce lawyer to understand your financial obligations during and after the divorce proceedings.
• Obtaining Divorce Without Spouse's Consent: If your spouse does not respond to divorce papers in Tennessee within 30 days, you can request a "default judgment" from the judge, leading to the granting of the divorce. Alternatively, if your spouse refuses to sign the divorce papers and provide consent, you may have to prove marital breakdown with evidence of adultery or physical or mental cruelty during the court hearing to obtain a divorce.

If you’re dealing with a complex divorce issue or need alternative dispute resolution, finding a Knoxville divorce attorney with experience addressing these complexities is important. 

An experienced divorce lawyer can provide invaluable assistance in navigating the challenges associated with complex divorce cases, ensuring that your rights and interests are protected throughout the process. 

By working closely with experienced legal counsel, you can confidently approach these complexities, knowing that you have dedicated advocates supporting you every step of the way.

What is the Difference Between Uncontested and Contested Divorce in Tennessee?

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including:

• Division of property and debts.
• Child custody and visitation.
• Child support.
• Alimony.

This type of divorce is typically faster, less expensive, and less emotionally taxing. However, it still requires careful preparation of legal documents to ensure the agreement complies with Tennessee law. Even in uncontested divorces, a Knoxville divorce attorney can help draft and review the necessary paperwork to avoid potential issues.

Contested Divorce

A contested divorce arises when spouses cannot agree on one or more key issues. These cases require litigation and can involve more time, expense, and stress. Common points of contention include:

• Division of marital property.
• Custody and visitation schedules.
• Disputes over alimony.

A contested divorce requires strong legal advocacy to protect your interests. A Knoxville divorce lawyer can represent you in negotiations, mediation, or court proceedings, ensuring that your voice is heard and your rights are safeguarded.

Schedule a Consultation with Our Award-Winning Attorneys in Knoxville Today

At Menefee & Brown, P.C., we prioritize understanding your unique situation and tailoring our services to meet your specific needs. Our award-winning attorneys, recognized by the American Institute of Family Law, bring over 40 years of combined legal experience to provide personalized and experienced representation for you and your family. 

Call the Knoxville divorce attorneys at Menefee & Brown, P.C today at (865) 351-2029 to schedule a consultation and take the first step toward resolving your family law matters with the help of our seasoned legal team.

Commonly Asked Questions

What is the average cost of a divorce in TN?

The average cost of a divorce in Tennessee ranges from $10,000 to $20,000, depending on whether it is contested or uncontested. Costs may include attorney fees, court filing fees, and expenses for mediation or expert witnesses. Uncontested divorces are typically less expensive, while contested divorces involving disputes over property, alimony, or custody can be more costly.

Which type of lawyer is best for divorce?

A family law attorney with experience in divorce cases is the best choice. Look for a lawyer skilled in property division, child custody, alimony, and Tennessee-specific divorce laws. A lawyer familiar with negotiation and litigation can protect your interests, whether your case is amicable or contentious.

How long does it take to get divorced in Tennessee?

An uncontested divorce in Tennessee takes at least 60 days if there are no minor children and 90 days if children are involved, from the time the petition is filed. Contested divorces can take several months to over a year, depending on the complexity of the case and court schedules.

Is Tennessee a 50/50 divorce state?

No, Tennessee is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. Courts consider factors such as the length of the marriage, each spouse’s contributions, and financial needs when determining property division.

Can a spouse refuse divorce in Tennessee?

No, a spouse cannot refuse divorce in Tennessee. If one spouse files for divorce, the court can grant it even if the other spouse objects. In such cases, the divorce may proceed as contested, and the court will decide the terms of the divorce.