Knoxville Divorce Lawyer
Experienced Family Law Lawyers Focused on Saving Your Family
A good divorce lawyer will help you end the bad marriage with a good divorce – one that will help you and your family begin a new and better day. Our lawyers help families in the greater Knoxville area plan for their post-divorce futures, dealing with child custody, child support, property division, and alimony.
People are usually sad, afraid, and angry when this journey begins. That’s why watching our clients in Knoxville become independent, strong, and happy people at the end of the divorce is among the most rewarding moments of our job. A divorce may be one of the most emotionally and financially difficult experiences in your life.
Nevertheless, judges are flooded with divorce cases. When you get to court, a Judge is simply interested in getting four questions answered quickly, completely, and efficiently.
Schedule your free consultation by calling our law office at (865) 685-4780 or completing our quick and easy contact form.
What You Need to Know Before Beginning the Divorce Process in Knoxville
What is the typical duration of a divorce process in Knoxville, TN?
The duration of a divorce process can vary widely based on the complexity of the case, whether it is contested or uncontested, and the court's schedule. Generally, an uncontested divorce might take a few months, while contested cases can take a year or more.
Are there mediation options available for divorce in Knoxville?
Yes, mediation is a common option for couples seeking to resolve disputes amicably. It involves a neutral third party who helps facilitate discussions and negotiations between the spouses to reach a mutually acceptable agreement.
What should I gather before filing for divorce?
Before filing for divorce, it's important to gather financial documents such as tax returns, bank statements, pay stubs, and information about assets and debts. This will help in negotiating property division and support arrangements.
How is child custody determined in Knoxville, TN?
Child custody decisions are primarily based on the best interests of the child. Factors include the child's age, each parent's living situation, the child's relationship with each parent, and any history of abuse or neglect.
Can I modify child support or alimony after the divorce is finalized?
Yes, child support and alimony can be modified after a divorce if there is a significant change in circumstances, such as a change in income, employment status, or other relevant factors affecting the financial situation of either party.
What resources are available for emotional support during a divorce?
Various resources are available for emotional support, including therapy, support groups, and counseling services. Many local organizations in Knoxville offer support specifically for individuals going through divorce.
Is there going to be a divorce?
The answer is “Yes.” But there are two kinds of divorce in Knoxville: irreconcilable differences (or “agreed”) divorces and fault-based divorces.
Irreconcilable Differences Divorces
To have an agreed divorce, you and your spouse must agree on everything from who gets the house, to who gets the retirement account, to who gets the kids, to who gets the dishes. Chances are, if you had the ability to agree on that level of detail, at the beginning of a process you barely understand, you would not be getting a divorce in the first place.
Therefore, most divorces begin as fault-based.
Fault-Based Divorces
This is simply a divorce where you acknowledge that not all issues are resolved, and you ask the Court to resolve anything you and your spouse are not able to work out during the legal process.
In Tennessee, there are many grounds for divorce, including:
- Impotence
- Adultery
- Imprisonment
- Alcoholism or drug addiction
- Pregnancy by another at the time of marriage without husband’s knowledge
- Willful desertion for one year
- Bigamy
- Endangering the life of the spouse
- Conviction of an infamous crime
- Abandonment for two years
- Cruel and inhuman treatment
- Indignities that make the spouse’s life intolerable
Who gets what stuff?
Property division can be tricky. For instance, it does not matter whose name something is in. Half of it belongs to the other spouse. Regardless of the circumstances of the divorce, or who made the payment, half belongs to the other spouse.
There are some exceptions, but in general, this is how you can calculate what you will take away from the divorce:
- Make a list of everything you and your spouse have bought during the marriage (assets) and figure out its current value. This includes your house, cars, retirement accounts, boats, campers, guns, jewelry, large appliances – basically, everything that’s worth more than $1,000 should be included. Add all the values together.
- Next, make a list of all your debts – things like student loans, credit cards, mortgages, IRS debts, and car loans. This does NOT include things like utility bills, telephone bills, and things that you pay every month. Debts are things that you have some hope of actually paying off someday. Add all those values together.
- Subtract the total amount of your debt from the total value of your assets, and you get a number. This number is called the “net value of the marital estate.” Take this net value, and divide by 2, and you get what the court initially presumes to be the value of what you are going to take from the marriage.
What will we do with the kids?
Deciding what to do with children is almost always the most emotionally difficult and financially challenging aspect of a divorce to resolve.
By statute, Judges are supposed to “maximize the participation of both parents in the life of the child.” Many judges interpret this language to mean that the default setting is for the child to spend equal times with both parents – but read it again. “Maximum participation” is not “equal time.” It’s quality time, not quantity, that counts.
At Held Law Firm, you’ll see our divorce lawyers focus much more on getting you the “good” time than we will spend on getting you the “most” time.
You can learn more about child custody and support here.
Will there be ongoing support?
Once the property division and parenting plan are resolved, the only remaining issue is whether one party needs to give the other party periodic payments. There are two types of this “ongoing support”: support for children and alimony.
Child support is easy. You take the number of days each parent gets, according to the parenting plan, each parent’s income, who pays what for health insurance for the kids, who pays what for daycare for the kids, and whether either parent has any other kids to support. You plug all those numbers into a Child Support Worksheet.
It will calculate who pays who what, and very rarely is there anything to argue about.
Calculating alimony is less simple than calculating support, which is why it is important to hire a capable and competent divorce lawyer.
Our job at Held Law Firm is to make sure you don’t pay too much if you owe it, and that you get what you deserve if you are going to receive it.
Understanding the Divorce Process in Knoxville
Divorce can be an overwhelming experience, filled with uncertainty and emotional challenges. At Held Law Firm, we believe that knowledge is power. That's why we've created a comprehensive roadmap to help you navigate the divorce process smoothly and confidently.
Here’s what you can expect during each phase of your divorce:
- Initial Consultation: Discuss your situation with our experienced lawyers, who will listen to your concerns and outline your options.
- Filing for Divorce: We guide you through the paperwork and legal requirements to ensure everything is filed correctly and on time.
- Negotiation: Our attorneys will advocate for your interests, whether it involves asset division, child custody arrangements, or spousal support.
- Mediation: If necessary, we can facilitate mediation sessions to help both parties reach a fair agreement without the stress of a courtroom battle.
- Finalization: Once an agreement is reached, we will ensure that all legal documents are completed and filed, finalizing your divorce efficiently.
By understanding each step of the divorce process, you can make informed decisions and feel empowered as you move toward a new chapter in your life. Our dedicated team at Held Law Firm is here to support you every step of the way. Reach out today to take the first step toward your brighter future.
Don’t Start This Journey of Divorce Alone
Our Knoxville divorce lawyers have been working side by side with families looking to get their lives back since 1998. With our exceptional knowledge of the law and more than 50 years of combined family law experience, there’s no case too tough or complex to take on.
Give Our Lawyers Serving Knoxville a call at (865) 685-4780 to schedule your case assessment.
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