File Divorce in Murfreesboro, Tennessee

If you are planning to file divorce in Murfreesboro or Middle Tennessee, skilled family law attorneys at The Law Office of Smith & Lepp are ready to help. Our firm understands that couples often arrive at the decision to divorce after experiencing trying emotional circumstances. Our goal is to make the legal process of divorce as easy and smooth as possible. We treat our clients sensitively and professionally.

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In order to file for divorce in Tennessee, you must have been a resident of the state for at least six months. Tennessee has two different options for divorce: no-fault and fault divorce. There are different requirements and procedures for each of these.

No-fault divorce

In a no-fault divorce, married couples must simply state that they are dissolving their marriage due to irreconcilable differences. This type of divorce has special requirements:

The spouses must be in agreement about matters such as child custody, division of property, and alimony
The spouses must wait at least 60 days, and 90 if they have children, after the divorce is filed before it becomes final

Since couples seeking no-fault divorces already agree on many issues involving the terms of their divorce and have lived apart under those terms, they can often avoid the stress of courtroom negotiations.

Each Murfreesboro divorce lawyer at The Law Office of Smith & Lepp is fully versed in all types of no-fault divorce and can help you decide which form is right for your specific situation. Contact our divorce attorneys in Murfreesboro for advice about how to file for a no-fault divorce.

Fault-based divorces

As an alternative to filing for divorce based on irreconcilable differences, a couple may pursue a fault-based divorce. The major advantage to fault-based divorces is that, unlike no-fault divorce, there are no waiting periods. However, fault divorces can be emotionally contentious because one or both spouses must assume responsibility for the dissolution of marriage.

In the state of Tennessee, there are 15 grounds for fault-based divorces. Some examples of possible grounds show how they detail specific circumstances and misconduct:

Adultery
Alcoholism or drug abuse
Spouse convicted of a felony and serving prison time
Spousal abuse
Impotence or infertility

Our experienced divorce lawyers in Murfreesboro can help you file for a fault-based divorce and work out details of complicated issues such as division of property, spousal support, and visitation.

Steps involved in the divorce process

We all know that divorce is quite common these days. Many couples seek this route because, for whatever reason, they cannot live together anymore. According to the Murfreesboro lawyers at Smith and Lepp, if you plan to end your marriage, you and your spouse should expect to go through the following steps:

File a petition for divorce. This is the first legal step involved in a divorce. Only one spouse files the petition even if the decision to divorce is mutual.
Respond to the Petition for Dissolution. Afterward, the spouse who did not originally file a petition for divorce typically files a response to the Petition for Dissolution in order to address a number of divorce-related issues such as defending oneself from any of the accusations made in the petition, disputing the divorce, and determining alimony and child support.
Gather financial documents. Collect business documents and other important paperwork in preparation for divorce such as assets, liabilities, incomes and monthly expense statements that would help with the divorce proceedings. These documents are essential as a reference for property division. A qualified Murfreesboro divorce lawyer can better advise you on the documents needed in preparation for your divorce.
Discuss the division of property. Although no decisions are made at this point, the lawyers in Murfreesboro at The Law Office of Smith & Lepp suggest that you and your spouse address this subject early on in the divorce process in order to avoid legal entanglements down the line.
The negotiation phase. This occurs if there are disagreements about any divorce-related topics.
The trial phase. If you and your spouse are not able to reach a settlement after negotiation, then any unresolved issues are decided by the judge during the trial phase. Here, you and your spouse are given a chance to present testimonies and evidence for disputed issues that would help the judge make a decision.
The order of dissolution. This act finalizes the divorce and addresses many divorce-related topics such as property division, alimony, child support, and custody. A judge finalizes the divorce after both parties have agreed.

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