Nashville Divorce Lawyer
Divorce Attorney In Nashville, TN
Going through a divorce can be a challenging time, even if you’re planning on an easy, uncontested separation. Every divorce case is unique, but working with a Nashville divorce lawyer can help you plan and strategize for what is to come once you officially file. When you hire a divorce lawyer from Mathis, Bates & Klinghard PLLC (MBK Legal), you can have peace of mind knowing you’re working with an experienced team that is dedicated to your case.
Our skilled attorneys bring decades of combined family law experience to the table. We offer a comprehensive approach, ensuring we understand your situation in its entirety to enable us to develop the right strategy to get you through this process. It’s wise to consider working with a Nashville divorce attorney, regardless of your situation. Even uncontested divorces can come with their challenges, and it can be invaluable to have a legal professional on your side.
Divorce Cases in Tennessee
Approximately 47 percent of women and 51 percent of men are married in Tennessee. Nashville alone is home to about 708,772 residents, including many married couples. In order to get divorced in Tennessee, the party filing must reside in the state. If the grounds for divorce didn’t occur in the state, at least one spouse must have resided in the state for six months or more before filing.
Tennessee is technically considered to be a no-fault divorce state, which means you don’t necessarily have to prove wrongdoing in order to get a divorce. That said, it’s possible to file for divorce on 15 statutory grounds:
- Irreconcilable differences between the parties
- Impotence
- Adultery
- Conviction of a felony and imprisonment
- Alcoholism and/or drug addiction
- Pregnancy by another during the marriage without the husband’s knowledge
- Willful desertion spanning a year
- Bigamy
- Endangering spouses’ lives
- Conviction of an infamous crime
- Refusal to move to Tennessee or absenting oneself from the residence for two years
- Cruel and inhuman treatment or unsafe and improper marital conduct
- Indignities that make the spouse’s life intolerable
- Abandonment, neglect, or banning the spouse from the home
- Living separately and apart for more than two years without cohabiting
Irreconcilable differences and living separately for two or more years are both no-fault grounds for divorce. You won’t have to prove anything to file your petition. If one of the other grounds applies to your situation, it’s often worth it to file on that ground. This can make a difference when determining important matters like child custody, spousal support, and visitation rights.
A Nashville divorce lawyer can evaluate your case and help you determine the right way to proceed with filing. Our team at MBK Legal can help you with any number of divorce matters, such as the following:
- Determining child custody and visitation
- Dividing property
- Establishing paternity
- Ordering child support or spousal support
- Modifying divorce orders
One of the most common aspects of a divorce is dividing marital assets and debts. When you get divorced, you must make important decisions about marital assets and debt. The biggest piece of property eligible for separation in a divorce is usually your home. The median home value in Nashville is around $437,629, which is significantly higher than the national average. Other types of marital property that may be eligible include:
- Bank accounts
- Estates
- Luxury gifts
- Real estate
- Vehicles
It’s important to have the tools and resources on your side to negotiate fair terms with your spouse. If you’re unable to reach an agreement, you can expect the Sixth Circuit Court in Davidson County to get involved. Whether you settle matters in or out of court, you can count on our skilled legal professionals to be there for you.
Separate Property vs. Marital Property
Unlike marital property, separate property is not eligible to be divided in a divorce. This includes gifts, inheritances, and any property owned by one spouse before or after the marriage. A spouse does not have rights to property owned by the other spouse outside of the marriage except under specific circumstances, including:
- Commingling. It’s not unusual for one spouse’s separate property to become mixed in with marital property. For example, one spouse puts a lot of money into property solely owned by the other spouse. When property becomes “inextricably” mingled, the separate property involved can be considered marital property and therefore be eligible for division.
- Dissipation of assets. In some situations, a spouse may intentionally waste marital assets so their partner doesn’t get as much. If this is the case, the court can bring separate property into the conversation to make things fair again.
- Prenuptial and postnuptial agreements. Prenuptial agreements and postnuptial agreements are legal contracts that allow partners to predetermine what happens to certain assets in the case of a divorce. Prenups are signed before two people get married, while postnups can be created any time afterwards.
- Transmutation. When one spouse transfers their separate property to be jointly owned with the other spouse, it becomes marital property. It’s possible to fight this claim if you can prove that you clearly intended the property to remain separate.
About Our Nashville Divorce Lawyers
Known as the “Country Music Capital of the World,” Nashville is a vibrant city known widely for its music, entertainment, and tourism. That said, this isn’t the only side of the city. Nashville is also home to many families, and our job at MBK Legal is to look out for them. With over 50 years of combined experience, we’re familiar with the Davidson County Circuit Court system and can help you create a plan to secure a fair outcome for your divorce.
Every complex case we’ve handled has served to hone our skills, empowering us to continuously meet our clients’ unique needs. We take pride in offering a progressive approach that gets you through your case as efficiently as possible. Our team is up to date on modern technologies that allow us to streamline communications and improve our legal processes.
So far, we’ve gained over 150 positive reviews from happy clients and have won the Avvo Client’s Choice Award for our legal services. We’re also Lead Counsel verified and rated by SuperLawyers®. You can count on us to help you through your divorce case, no matter the details of the situation.
FAQs
Do I Have to Hire a Divorce Lawyer to Get Divorced in Nashville?
You’re not legally required to hire a divorce lawyer to get divorced in Nashville, but it can make the process much easier. A Nashville divorce attorney can represent your interests and negotiate complex matters regarding child custody and visitation, child support, paternity, property division, spousal support, and tax considerations.
They can also help you understand all your legal options, assist you with any challenges that arise along the way, and continue representing you in court if things escalate.
How Much Does It Cost to Hire a Divorce Lawyer in Nashville?
The cost of working with a Nashville divorce attorney is going to depend on the complexity of your case and the scope of services you need to get through it. Typically, you can expect to pay a flat fee or an hourly rate when you hire a divorce lawyer.
It’s wise to do some research and even set up initial consultations to learn more about their capabilities and ensure you’re making the right choice for your case.
Is Tennessee a 50-50 Divorce State for Property Division?
Tennessee is not considered a 50-50 divorce state. Instead, it uses an equitable distribution system to determine how assets and debt should be divided between spouses. Instead of splitting all marital property evenly down the middle, the court determines how to divide everything based on the specific circumstances of each couple’s divorce.
How Can a Nashville Divorce Attorney Help Me Through My Divorce?
Our Nashville divorce lawyers offer comprehensive support when it comes to divorce cases. We’re there to offer legal advice, negotiate terms, and represent your interests. We have a deep understanding of Tennessee divorce laws, making us compassionate and effective advocates. We can help you settle matters like child custody and care, division of assets and debt, paternity issues, spousal support orders, and navigating matters with your former spouse in general.
Hire a Nashville Divorce Attorney to Discuss Your Situation in More Detail
Going through a divorce can be overwhelming and stressful, no matter the situation. Even if you and your spouse plan for an uncontested divorce, the process can be complicated and emotionally draining to navigate on your own. Plus, you never know when issues can arise, cause delays, and potentially affect what you receive in the divorce settlement. It’s beneficial to have an experienced legal professional ready to help if anything goes astray.
Our team at MBK Legal is comfortable navigating complex family legal matters and can guide you through every stage of your divorce. Moreover, we make sure you’re informed and fully understand what’s going on through each step. If you’re ready to discuss your case in more detail, contact our office to set up a consultation with a member of our team today.
