Nolensville Divorce Lawyer

There are different ways to end a marriage, the most common of which is divorce. It is not necessary for both parties to be in agreement about a divorce. However, disagreement can make a divorce more challenging than it needs to be. A divorce may be fault-based, or it may be a no-fault divorce. Either way, the parties must agree on certain issues that must be covered in the court’s divorce decree or the parties’ court-approved separation agreement. The primary issues for resolution in a divorce are child issues, if there are minor children involved, like support, custody and visitation, alimony issues, and property issues. While the parties can resolve these issues on their own, it is often helpful to seek legal help to facilitate reaching a fair resolution as quickly and amicably as possible.

To find out how a Nolensville divorce lawyer can help you in your divorce, contact Burdine Law Firm at (629) 529-4615.

  • At Burdine Law Firm, we provide comprehensive divorce services that ensure that no issue is left unresolved in your divorce case.
  • Our experienced Nolensville divorce attorneys will guide you through the divorce process and protect your interests through every step.
  • Our Principal, Hannah Burdine, has 15 years of experience as a divorce litigator and will help you receive the best possible outcome in your divorce.

If you are ending your marriage through a divorce, you do not have to do it alone. You need an experienced team of divorce lawyers who will advocate for you and help you manage the emotional aspects of your divorce case. Contact Burdine Law Firm today at (629) 529-4615 to schedule a free consultation.

Fault or No-Fault Divorce in Tennessee

Tennessee, like most other states, permits divorce on no-fault grounds. Under TN Code § 36-4-101 (2021) a person may petition for a divorce on the grounds of irreconcilable differences. Similar to other states, Tennessee has also retained the fault grounds for a divorce. The fault grounds recognized under Tennessee state law include:

  • Adultery
  • Impotence
  • Desertion
  • Cruelty
  • Felony conviction

There are some defenses that may be used to defeat a petition for fault-based divorce. For example, if a petition is based on adultery, TN Code § 36-4-112 (2021) provides that the defendant may rely on the following defenses:

  • The petitioner is also guilty of adultery
  • The petitioner condoned and forgave the defendant’s adultery after finding out
  • If the petitioner is the husband, the petitioner allowed the wife’s prostitution or exposed the wife to lewd company which led to the commission of adultery

Parties petitioning for no-fault divorce are required to reach an agreement on the custody and maintenance of any minor children of the marriage and for the equitable distribution of the marital property. If the court finds that the parties’ agreement is not sufficient or equitable, the court may order a hearing for the purpose of making a sufficient and equitable order.

Whether your divorce is fault-based or not, it is advisable to seek experienced legal counsel to understand how the law applies in your particular case.

Division of Property in Nolensville, Tennessee

Division of property is one of the issues that must be resolved in a divorce. Tennessee state law recognizes both marital property and separate property, making it a dual-property state. In the event of a divorce, only marital property is subject to division between the parties. TN Code § 36-4-121 (2021) provides that marital property includes all property acquired by either or both spouses during the marriage. This includes any property that accrues to either party up to the date of the final divorce hearing. For instance, if one party wins the lotto or is awarded a personal injury judgment but has not received the money before the final divorce hearing, that sum will still be considered marital property.

The most important steps in the division of property are identifying and valuing marital property. Identifying marital property is not always simple because sometimes, separate property can lose its separate character based on the conduct of the parties. A knowledgeable Nolensville property division attorney can help you identify the marital property in your case and ensure that you get your fair and equitable share of it.

Child Custody and Support in Nolensville, Tennesee

If there are minor children in the marriage, the issues of child custody and support must be resolved. Both parents are equally entitled to legal and physical custody. Legal custody is the power to make major decisions that affect the child’s well-being, such as their education, health care, and religious practice.

If the parties reach an agreement for custody on their own, the court will approve it if the agreement is in the child’s best physical, mental, moral, and emotional interests. The best interest of the child is determined by examination of several relevant factors, provided under TN Code § 36-6-106 (2021), including:

  • The child’s relationship with each parent
  • The child’s interaction and interrelationship with his siblings and any other person who may significantly affect the child’s best interest
  • The moral, physical, emotional, and mental fitness of each parent
  • The existing ties of love and affection between the child and each parent
  • The emotional needs of the child

Both parties are also equally responsible for the financial upkeep of the child. If the child is primarily in the physical custody of one parent, the other parent will be ordered to pay their share of child support to the custodial parent. Child custody awards are usually made based on state guidelines.

If you have minor children and are concerned about child custody and support issues in your divorce, the experienced Nolensville child custody lawyers at Burdine Law Firm can help you understand your legal position and protect your parental rights.

Contact the Nolensville Divorce Lawyers at Burdine Law Firm

A divorce can have a significant impact on your life. The best way to obtain a favorable outcome is to get an experienced divorce attorney who will passionately represent you and fight for the resolution of issues in your best interest. Contact the Nolensville divorce attorneys at Burdine Law Firm today at (629) 529-4615 to schedule a free consultation.