Family Law in Tennessee

FAQ

Frequently Asked Questions About Family Law

How is property divided in a Tennessee divorce?+

Tennessee follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers factors including each spouse's contribution to the marriage, economic circumstances, the duration of the marriage, and the value of separate property. Our attorneys help clients identify, value, and advocate for a fair division of marital assets.

How is child custody determined in Tennessee?+

Tennessee courts make custody decisions based on the best interests of the child. Factors include each parent's relationship with the child, the child's adjustment to home and school, each parent's mental and physical health, and the child's preference if they are old enough. Tennessee encourages shared parenting and requires a parenting plan in all custody cases.

How long does a divorce take in Tennessee?+

Tennessee requires a minimum waiting period of 60 days for divorces without minor children and 90 days for divorces with minor children. An uncontested divorce where both parties agree on all terms can be finalized shortly after the waiting period. Contested divorces involving disputes over property, custody, or support can take six months to a year or longer.

What is the difference between contested and uncontested divorce in Tennessee?+

An uncontested divorce means both spouses agree on all terms including property division, custody, and support. A contested divorce means the spouses disagree on one or more issues and need the court to make decisions. Uncontested divorces are faster, less expensive, and less stressful. Our attorneys work to resolve disputes through negotiation whenever possible.

What should I expect when hiring a divorce lawyer in Chattanooga?+

The scope of representation depends on whether the divorce is contested or uncontested and the complexity of the issues — custody, property division, support. Uncontested divorces with agreed-upon terms are a much smaller engagement than contested cases requiring trial. We discuss scope and fees openly during your initial consultation so you can make informed decisions about how to proceed.

What are grandparent visitation rights in Tennessee?+

Tennessee law allows grandparents to petition for visitation rights in certain circumstances, such as when the parents are divorced, when a parent has died, or when the child lived with the grandparent for at least 12 months. The court must find that visitation is in the child's best interest and that denying visitation would cause substantial harm to the child.