Frequently Asked Questions
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Tennessee Family Law FAQ
Answers from a Murfreesboro Family Law Attorney
Divorce and other family law matters can be complex and emotional, leaving you with a lot of questions. Here at Parkerson Santel, PLLC, our desire is to help clients through their cases as quickly and painlessly as possible. The first step in the process is to answer any questions and address any concerns that our clients may have, which is why we have created this list of common questions.
Parkerson Santel, PLLC is dedicated to providing family law counsel and representation that always puts the needs of you and your family first. Your unique needs and goals are our main concern and we will go the extra mile to obtain the best possible outcome for your case. Whether you are considering divorce or legal separation, child custody or visitation, our firm has the answers. Murfreesboro divorce attorney Travis M. Lampley focuses exclusively on family law and is prepared to offer the attention, representation, and results that you need.
Common Questions About Tennessee Divorce & Family Law
Take a moment to read through our frequently asked questions below to get started on your quest for answers. The best way to get answers, however, is to speak with a Murfreesboro family law attorney from Parkerson Santel, PLLC. Contact us today at (931) 242-2264 for a free case consultation.
How Long Does it Take to Get a Divorce?
Each divorce is unique and will take an unknown amount of time to complete. However, uncontested divorce cases are generally completed much faster than uncontested divorce cases. Uncontested cases can take just a few months, while contested divorces can take a year or more.
How Much Does it Cost to Get Divorced?
Again, each divorce case is unique and will have different costs than other divorces. Each divorce involves filing fees, court fees, and attorney fees, among others. Simple uncontested cases are much less expensive than lengthy, heated courtroom cases. Speak with a family lawyer in Murfreesboro to discuss your particular situation and get a better idea of how much your divorce may cost.
How Will Our Property Be Divided in a Divorce?
If you and your spouse can agree on how you want your property to be divided, then it can be divided however you want it to be. If you cannot agree, then a family law judge will make the decision for you. Tennessee is an equitable distribution state, which means that all marital property will be “evenly distributed” between the two parties—but the term “equally” is somewhat arbitrary and depends on what the judge ultimately decides after each party argues their case. This is why you need a skilled divorce lawyer on your side.
How Is Child Custody Determined?
In contested child custody cases, the family law judge will decide who gets custody. The decision he or she makes will be based on the best interests of the child. This decision will be based on a number of factors, including:
- Each parent’s relationship with the child
- Each parent’s income / ability to provide for the child
- Each parent’s desire to care for the child
- Any past history of neglect or abuse
- The child’s desires, if old enough & capable enough to have an opinion
These are just some of the factors that a family law judge will consider when deciding which parent(s) receive custody of a child or children in divorce.
Will I Have to Go to Court?
If your divorce is contested in any way, then yes, you will have to go to court. Uncontested divorce cases do not require you to go to court until you are ready to submit your divorce agreement so that it can be finalized by a family law judge.
Will I Have to Pay Child Support?
If your divorce involves children and you are not the main custodial parent, then you will most like be required to pay some measure of child support. If your case is uncontested and you and your spouse agree that child support is not necessary, then you may not be required to pay. Each case is different, so be sure to consult a family law attorney to help you understand and protect what is best for you and your children.
Is Tennessee a No-Fault Divorce State?
Yes, Tennessee is a no-fault divorce state, which means that you do not have to provide any “grounds for divorce” in order to dissolve your marriage. Infidelity, neglect, abuse, lack of mental capacity, and other such matters could be the reason why you are seeking a divorce, but they are not required in order to obtain a divorce like they are in some other states.
Should I Get a Prenup?
Prenuptial agreements are extremely valuable for individuals who have a high net worth. If your property, assets, and income are substantial—or if you simply want to protect your legacy—then you should definitely consider getting a prenup. Likewise, if you are marrying someone who meets this description, it is in your best interests to get a prenup in order to protect your interests and secure a stable, positive future.
Is Divorce Right for Me?
The answer to this question varies from person to person. Everyone’s situation is unique. Divorce may be right for you if you and your spouse have developed irreconcilable differences; if your spouse has been unfaithful to you in a way that cannot be reconciled; if you are in an abusive relationship that you need to escape; and other such grounds for divorce. Consult an experienced divorce lawyer in Murfreesboro for a better idea of whether or not you should pursue a divorce.
Do I Need a Divorce Attorney?
No one should attempt to navigate the divorce process without a skilled and knowledgeable divorce attorney on their side. If you are looking to get a divorce, then yes, you need a divorce attorney. Contact Parkerson Santel, PLLC today to discuss your case for free and to learn why you should choose our firm to handle your family law case. Call today at (931) 242-2264 to get started!
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