Nashville Divorce Lawyer

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Experiencing a divorce is never easy. No matter the circumstances, a divorce is more than just an end to your marriage; it is the restructuring of your entire future. Whether you are dividing a highly valued marital estate in Belle Mead or are dealing with the emotional challenges of child custody and visitation orders in Williamson County, you do not have to face your divorce alone. A trusted and experienced Nashville divorce lawyer can work to protect your rights and interests.

Every divorce case is unique and comes with its own set of complexities and personal elements. The process and length of a divorce will likely depend on a range of factors, including how long you and your spouse were married, if there are any minor children involved, and the wealth accumulated during your union. When dealing with divorce, you most likely have many questions. At Anne Hamer Law, we are here to answer those questions for you. 

Anne Hamer Law: Here to Fight for You

For over 20 years, the team at Anne Hamer Law has been fighting for individuals facing the challenges and emotional intricacies of divorce. Divorce, especially in the Nashville area, can be challenging and even quite public. Maybe you are a musician or an athlete, and your case deserves to be kept as confidential as possible. At Anne Hamer Law, we are experienced in handling these types of cases and can do whatever is in our power to keep your divorce private.

At Anne Hamer Law, our team is led by an attorney who has been recognized by to Super Lawyers, and Best Lawyers in America as a top Tennessee Divorce Lawyer, and who speaks regularly at legal conferences, including for the American Bar Association. With this level of excellence, we strive to ensure every divorce case that comes across our desks is met with integrity, honest representation, and legal counsel our clients know they can trust. 

If you live in Davidson County, your case will likely be handled through the Davidson County Circuit Court, located inside the Historic Courthouse at 1 Public Square in Nashville.  If you live in Williamson County, your case will be heard in the Williamson County Chancery court. The team at Anne Hamer Law is experienced in handling cases in both of these courthouses and can use this experience to gain the advantage in your case. Don’t put your trust in an inexperienced legal team. Instead, work with an attorney who has spent years handling cases just like yours. 

Seeking Divorce in Tennessee

Tennessee sees a divorce rate of around 2.9 cases per 1,000 members of the population. While this might not seem like a relatively large number, the Davidson and Williamson County court systems are still flooded with these cases every day. Your divorce will involve legal issues such as property division, child support and custody, and spousal support when you and your spouse seek to legally dissolve your marriage.

The process of divorce begins when one spouse files a complaint for divorce with the court system. The other spouse will formally be served papers, and the process will begin. The state of Tennessee recognizes both fault-based divorce cases and no-fault divorce. No-fault divorce means that the couple can seek a divorce simply on the grounds that they have irreconcilable differences.

Fault-based divorce cases can be filed for the following reasons:

  • Adultery
  • Abandonment or desertion
  • Cruelty or abuse (There are around 69,646 domestic violence victims reported every year in the state of Tennessee.)
  • Habitual drug use or drunkenness
  • Felony conviction or imprisonment

Choosing whether to seek a fault-based divorce or a no-fault divorce can impact possible spousal support awards, property division, and the timeline of your divorce case. The team at Anne Hamer Law is here to review your situation and help you determine the right legal option to fit the needs of your case. 

Types of Divorce Available in Nashville and Williamson County

In Nashville and Williamson County, there are two main types of divorce available for couples looking to legally dissolve their marriage. The type of divorce settled on will shape both the process of the case overall and the role your attorney will need to play. The type can also impact the length of your case and its complexity. The two main forms of divorce include:

  • Contested. A contested divorce case occurs when the spouses involved are unable to reach agreements regarding any of the important aspects or issues of their divorce. These aspects typically include child custody, spousal support, property division, and child support. Disagreements regarding these issues will require thoughtful negotiation, court hearings, or mediation.

    Keep in mind that a contested divorce will often last a longer period of time, and there will be higher legal costs involved. You may also be required to make multiple court appearances and be involved in potential court trials. These cases will only be finalized after a judge believes all issues are resolved and has issued the final divorce decree.

  • Uncontested. In an uncontested divorce, both spouses are able to reach agreements regarding the various issues or aspects of their case, including child support, custody and visitation, spousal support, and property division. There are several benefits to seeking an uncontested divorce, including lower legal expenses, faster resolution timeline, less emotional strain, and fewer required court appearances. 

In either scenario, having an attorney on your side can ensure your legal rights are protected and you have an ally who can advocate for your interests. Keep in mind that just because your case starts out as uncontested does not mean it will stay that way; 45%–50% of first marriages end in divorce, and even in cases where the couple starts out amicably, things can turn ugly fast. When they do, you will be grateful to have an attorney on your side. 

Issues Related to Divorce Cases

In Nashville and Williamson County, every divorce case is different and comes with its own set of challenges and issues. The most common issues that will need to be resolved before a judge can issue a final divorce decree, however, include the following:

  • Property and asset division. The state of Tennessee operates under the rule of equitable distribution. This means that a perfectly even 50-50 split will likely not take place, but the court will try to divide assets, property, and debts in a way that is considered fair. Marital property can include any houses, other forms of real estate, retirement accounts, vehicles, or business interests that were acquired by either spouse during the marriage. 
  • Child support. When it comes to child support calculations in Tennessee, state courts use income-based guidelines to govern their decisions. This goal in these cases is to ensure that the children’s financial needs are met by both of their parents. At Anne Hamer Law, we are here to help clients understand these calculations, seek modifications where needed, and enforce support orders. 
  • Child custody and visitation. Some of the most difficult decisions in a divorce in Nashville and Williamson County have to do with minor children and the custody or visitation plans following a divorce. Tennessee courts will take into account what they believe to be in the best interests of the child when making these decisions, including the home environment of both parents, parental involvement, and the health and age of the child. 
  • Spousal support. Not every divorce case will include spousal support orders, but when this is involved in your case, you need an attorney who will advocate for your rights, whether you are the spouse seeking support or the spouse who may be required to pay. The courts will mull factors like how long the marriage was viable and each spouse’s financial picture when making a decision about spousal support.

If you are seeking a divorce in Nashville or Williamson County, the team at Anne Hamer Law is here to serve you. We understand that this is a difficult time for you and your loved ones alike, and we want to be here to offer you the thorough and comprehensive legal care you deserve. Beyond the necessary legal support and guidance, we are also here to help you plan ahead, particularly when it comes to your finances and the protection of your parental rights.

Steps to Take Before Filing for TN Divorce

Before you even file for divorce in Tennessee, there are a handful of steps you need to take that can protect your interests. Taking these steps can help ensure a smoother, overall process and can ensure that your rights are protected from the very beginning. Before you file for divorce in Davidson or Williamson County, it is wise to consider taking the following actions:

  • Review your finances. You will want to gather and review certain documents, like your bank statements, property deeds, tax returns, and all information regarding debt, to gain a full picture of your assets and liabilities. 
  • Consider your living situation. You will then want to decide where you and your minor children will live while the divorce is taking place. You should gain a full understanding here of the implications of both custody and potential child support. 
  • Understand requirements. Ensure that you fulfill the Tennessee residency requirements prior to filing for divorce to bypass any potential delays or case dismissals. 
  • Identify goals. You need to decide what case outcome is most important, including the outcomes of custody, support, and property division aspects.
  • Seek an attorney’s help. Finally, you need to speak with an attorney who can protect your interests and develop a strategy that is customized to your unique needs. 

FAQs

Q: How Long Will It Take to Get Divorced in Tennessee?

A: The time it will take to get a divorce finalized in Tennessee will depend on whether or not your case is considered contested or uncontested. There are certain waiting periods mandated by state law that must pass before a divorce can be finalized, even in cases where both parties are in agreement regarding the issues of their divorce. An attorney is here to make you aware of those waiting periods and ensure they are met. 

Q: Where Will I Go to File for Divorce in Nashville or Williamson County?

A: If you are a resident of Nashville, you will likely file your divorce case with the Davidson County Circuit Court. In Williamson County, you will file with the Williamson County Court. It is important that you file with the correct court in order to ensure that the court has the necessary jurisdiction over your case so that you can avoid possible case delays or dismissals. Your first step will be to file a complaint for divorce with the circuit court clerk, along with the required forms of documentation.  We can do that for you through the online e-filing system.

Q: Do I Need a Divorce Lawyer to File for Divorce in Nashville or Williamson County, TN?

A: While you are not legally required to hire a divorce lawyer to file for divorce in Nashville or Williamson County, having one on your side can make all the difference to the outcome of your case. Working with an experienced divorce lawyer means you can have a better understanding of court procedures, requirements of filing for divorce, necessary deadlines, and potential long-term implications of divorce, such as tax consequences, and how to adequately prepare. 

Q: Can a Divorce Be Finalized Without the Need for Court?

A: In Nashville and Williamson County, all divorce cases will include some kind of court involvement, typically for the approval or entry of your divorce decree. Even for couples who are in full agreement regarding their divorce, the courts will still need to review all involved forms of paperwork, ensure that all legal requirements for the divorce are met, and that the marriage is legally and formally dissolved. 

Hire a Divorce Lawyer Serving the Nashville Area Today

No one gets married knowing that divorce will one day be in their future, yet these cases are filed every day across the Nashville area. Sometimes, a marriage simply doesn’t work out, and at Anne Hamer Law, we are here to let you know that that is okay. When you hire a divorce lawyer from our team, you can rest assured because you know you have the right legal advocate in your corner.

Whether you are involved in a high-profile case or simply want to get your divorce case over and done with, the team at Anne Hamer Law is here to help. We have a firm understanding of Tennessee divorce law and are here to assist you in navigating the Davidson and Williamson County court systems during this time. Contact our offices today to learn more about our legal divorce services and to schedule your initial consultation with our team.