Franklin Divorce Lawyer

Whether a divorce is contested or uncontested, it is a life-altering event. A divorce not only impacts your emotional well-being, but it can also leave you filled with financial uncertainty. Going through a divorce requires navigating a complex legal landscape that can leave you feeling frustrated and despondent. At Burdine Law Firm, our dedicated team of Franklin family law attorneys  understand the stress that divorce can put on your life. We are committed to providing compassionate and strategic legal guidance to ensure that you get a fair resolution and are positioned to face the next chapter of your life with confidence.

  • At Burdine Law Firm, our Franklin divorce lawyers address the unique needs of each client with unique solutions designed to achieve their best interest.
  • Our divorce attorneys are skilled negotiators and litigators. While we will try to negotiate a winning resolution for our clients, we are prepared to take cases to court when necessary to get the best outcome for our clients.

If you are at the point where separation of your marriage is no longer an option, the Franklin divorce lawyers at Burdine Law Firm can help you. Whether you are happily parting ways or facing a contentious divorce, you can benefit from the guidance of experienced legal counsel. For more information about how Burdine Law Firm can help you, call us today at (629) 529-4615 to schedule a consultation.

Divorce Proceedings in Franklin, Tennessee

When a married couple decides to end their marriage, the divorce is a legal process that impacts the parties in many different ways. Our divorce lawyers can help you in the following areas of divorce:

Divorce

Under TN Code § 36-4-101 (2021)  a person opt for a fault-based or no-fault divorce. The grounds for a fault-based divorce in Tennessee include the following:

  • Adultery
  • Bigamy
  • Alcohol or drug abuse by either party
  • Desertion from the marriage for more than one year

Whether your divorce is fault-based or not, Burdine Law Firm can help you understand your legal position and guide you through the legal process of divorce, and the resolution of divorce-related matters.

Division of Marital Property

In the course of a marriage couples acquire property for the benefit of the marriage. These acquisitions may be made by the financial contributions of both parties, or by other contributions that increase the value of existing property.

In a divorce or legal separation, the parties may require the assistance of the courts to determine how to equitably divide, distribute or assign marital property between the parties. Under TN Code § 36-4-121 (2021), to make a determination about the equities between the parties, the court will several factors including:

  • The duration of the marriage
  • The age, physical and mental health, vocational skills, employability, earning capacity, financial liabilities and financial needs of the parties
  • The tangible and intangible contributions by one party to the education training, or increased earning capacity of the other party
  • The value of each party’s separate property
  • Each party’s estate at the time of the marriage

The experienced Franklin property division lawyers at Burdine Law Firm will help ensure that your marital property, assets, and liabilities, are fairly distributed, considering factors such as prenuptial agreements, inheritance, and tangible and intangible contributions during the marriage.

Child Custody

Whether you are married or not, every parent has a right to have a relationship with their child. If you are going through a divorce or legal separation, we can help you establish a custody arrangement that prioritizes the well-being of your child while protecting your parental rights. Our Franklin child custody lawyers address both physical custody and visitation, i.e., where the child resides and how frequently the non-residential parent can see the child, as well as legal custody, which encompasses the decision-making power of a parent.

Child Support

TN Code § 36-5-101 (2021) provides that the court may make an order and decree for the suitable support and maintenance of the children by either spouse or out of such spouse’s property, according to the nature of the case and the circumstances of the parties. No matter how complex your circumstances may be, we ensure that a fair and accurate child support calculation based on state guidelines and your unique financial situation are applied to your case.

Spousal Support

Whether you are seeking or opposing spousal support (alimony) in your divorce case, we advocate for a fair alimony arrangement based on your specific circumstances. The amount, frequency, and duration of alimony payments may be fixed depending on the circumstances of the parties, and the courts may modify an order for payments if the paying party can show a substantial and material change of circumstances. Whether you are a paying or receiving spouse, a spousal support attorney in Franklin can represent you and get you the best outcome possible in your circumstances.

contact a divorce attorney in franklin, TN

Can Divorce Orders In Tenessee Be Modified?

While a final divorce decree terminates the marital relationship of the parties, several orders associated with the divorce remain in effect after a divorce. If there were minor children in the marriage, there would be child custody, child support, and visitation orders. The court may also make orders for spousal support. The obligations of the parties under these orders continue even after the final divorce decree. However, a change in circumstances between the parties may necessitate a change or modification to these existing orders. A person seeking modification of their divorce orders must convince the court that there has been a substantial and material change of circumstances that makes modification necessary. If you are seeking a change in one of your post-divorce orders, the skilled Franklin divorce attorneys at Burdine Law Firm can help you.

How Can a Franklin Divorce Lawyer Help You?

When you are going through a divorce, you need an experienced divorce lawyer to guide you through the process to ensure that your circumstances are fairly considered in the divorce orders. An experienced divorce lawyer can ensure that your rights and interests are protected throughout the divorce process. The Franklin divorce attorneys at Burdine Law Firm can negotiate favorable settlements on your behalf, saving you time and money in litigation. Divorce law can be intricate, but at Burdine Law Firm, we simplify complex issues and provide clear explanations of your legal options, empowering you to make informed decisions.

How Long Does It Take to Get a Divorce in Franklin, Tennessee?

Every divorce case is different, so the potential timeline will depend on specific factors related to the case. Before a case can be filed, one of the spouses must meet the residency requirement, which requires one of them to have lived in Tennessee for at least six months. The shortest amount of time possible to finalize a divorce in Tennessee is 60 days if the couple has no minor children or 90 days if they do.

Factors that can affect how long a divorce case takes to resolve include:

  • How long it takes you to serve your spouse
  • Whether you and your spouse agree on the material terms of your divorce
  • The extent of discovery in your case
  • Whether you and your spouse have submitted the necessary paperwork
  • Whether your case goes to trial

An experienced divorce lawyer can review your case and explain the timeline yours may involve.

How Can I Protect My Financial Future During a Divorce?

At Burdine Law Firm, we understand the long-term implications a divorce can have and how it may impact your financial future. We can assist you with each of the following processes that apply to your case to aid in protecting your financial interests and securing your financial goals:

  • Asset division – Our knowledgeable divorce attorneys meticulously identify all marital and separate property, including the marital home, financial accounts, personal property, business interests, retirement accounts, and any additional equity obtained in it during the marriage. We can discuss various options for dividing your assets, including the tax implications of each.
  • Qualified domestic relations orders (QDROs) – These are special court orders that instruct retirement account managers to divide retirement accounts according to the terms outlined in the order. These prevent spouses from incurring high tax penalties that generally occur when dissolving or transferring retirement assets.
  • Spousal support – In some divorce cases, the court can award spousal support to help prevent disparities in the spouses’ lifestyles after the divorce. We can explain the different types of spousal support you may be eligible for and the amount you may be able to recover.
  • Prenuptial agreements – If you and your spouse entered into a prenuptial or antenuptial agreement, we can review its terms and whether it applies in the situation. These agreements can be challenged in some circumstances.

Through each phase of your case, we can advise you of your options and make recommendations specific to your case.

Let the Franklin Divorce Lawyers at Burdine Law Firm Help You

Even if your divorce is an uncontested divorce, there are issues that are sometimes difficult to resolve without legal counsel. The Franklin divorce lawyers at Burdine Law Firm will help you understand your legal position and explore viable options for resolution in your best interest. Call us at (629) 529-4615 to schedule a free consultation.