How To Get A Fault Divorce In Tennessee

When it comes to divorce in Tennessee, there are two main types: absolute divorce, which encompasses both no-fault and fault divorces. While a no-fault divorce is granted based on irreconcilable differences or a separation period of two years, a fault divorce requires one spouse to prove that the other has committed actions justifying the dissolution of the marriage. These actions can range from adultery, desertion, cruel treatment, to even drug addiction.

If you find yourself seeking a fault divorce in Tennessee, the road ahead may be challenging, but with the right approach, you can navigate the complexities and protect your rights. Here are the essential steps you need to take:

Step 1: Hiring an Experienced Attorney – Your Beacon of Guidance

Embarking on a fault divorce requires the expertise of an experienced attorney who understands the intricacies of Tennessee’s legal system. They will serve as your guiding light, helping you make informed decisions throughout the entire process. By having a seasoned professional by your side, you can navigate the complexities with confidence.

Step 2: Collecting the Evidence – The Building Blocks for Your Case

To support your grounds for a fault divorce, it’s crucial to gather compelling evidence. This evidence can take many forms, including emails, text messages, photographs, witness statements, bank statements, and any other relevant documents. These pieces of evidence are the building blocks upon which your case will rely, illustrating the severity and validity of your claims.

Step 3: Filing Your Complaint – Presenting Your Case to the Court

Once you have meticulously gathered all necessary evidence, it’s time to file a complaint for divorce with the court in the county where either you or your spouse resides. This complaint should encompass vital information such as:

• Elaboration on the grounds for the fault divorce
• Details concerning any children resulting from the marriage
• Comprehensive information about property division
• Requests for both alimony and child support

Step 4: Serving Your Spouse – Ensuring Legal Compliance

Upon filing the complaint, you need to serve your spouse with a copy of the complaint and a summons to appear in court. This can be achieved through a process server or via mail with an acknowledgment of receipt, ensuring that you fulfill all legal requirements and maintain transparency throughout the process.

Step 5: Negotiating a Settlement – Finding Common Ground Amidst Turmoil

Before heading to court, attempting to reach a settlement with your spouse and their attorney is crucial. The settlement should address all aspects of the divorce, ranging from property division to alimony, child support, and custody. Negotiations may prove challenging, but reaching an agreement outside of court can alleviate the burden that often comes with prolonged legal battles.

However, if reaching an amicable settlement proves unattainable, the court will become the ultimate decision-maker on these issues.

Step 6: Attending Your Court Hearing – Presenting Your Case

Now comes the critical moment: attending your court hearing. During this process, you will need to present your evidence to the court in a well-structured manner, aiming to convince them of the validity of your grounds for a fault divorce. If the court deems your evidence sufficient, they will grant you the fault divorce you seek.

Conclusion – Lighting the Path Towards a New Chapter

Seeking a fault divorce in Tennessee is undoubtedly a complex and emotionally charged journey. However, having a skilled attorney on your side can provide the necessary guidance and support to protect your rights and navigate the intricacies of the legal system. By preparing diligently, gathering compelling evidence, and securing professional legal representation, you can successfully obtain a fault divorce in Tennessee and embark on a new chapter in your life.