Divorce Attorney in Kingsport, Tennessee
Seeing your marriage fall apart is never easy. However, deciding to end your marriage can be even more challenging. No matter your particular situation, divorce can be an incredibly stressful experience for you and your family.
With over four decades of legal experience, Steven C. Frazier is dedicated to helping clients resolve divorce cases and family law matters in Kingsport and throughout Tennessee. As a family law attorney, he understands how complicated this process is, which is why he is prepared to guide you through the process and provide you with the personalized attention you deserve.
Steven C. Frazier, Attorney At Law, handles divorce cases in Kingsport, Bristol, Church Hill, Johnson City, and elsewhere in Northeastern Tennessee.
Eligibility to File for Divorce in Tennessee
In Tennessee, you are not eligible to file for divorce if you or your spouse has not resided in the state for six months or longer before the date of filing the divorce petition. In order to meet the residency requirement to file for divorce in Tennessee, either the plaintiff (the spouse filing the petition) or the defendant (the spouse served with the petition) must have lived anywhere in the state of Tennessee for six or more months before the filing date.
Tennessee Allows Fault or No-Fault Divorces
Tennessee law allows parties to get a divorce on either fault or no-fault grounds. When filing for divorce based on fault grounds, the petitioner alleges that their spouse engaged in marital misconduct or was otherwise responsible for the breakdown of the marriage.
A fault divorce can be both costly and time-consuming because it requires the spouse who blames their spouse for the end of the marriage to submit clear and concrete evidence proving that their spouse did something wrong that caused the divorce.
A no-fault divorce may be a cheaper and faster alternative to a fault divorce in Tennessee. When seeking a no-fault divorce, neither spouse is placing the blame for the breakdown of the marriage on their spouse. Instead, spouses can obtain a divorce based on irreconcilable differences.
What Are the Grounds for Divorce in Tennessee?
When seeking a fault divorce in Tennessee, the petitioner can choose any of the following grounds for divorce:
The other spouse is naturally impotent and incapable of procreation
The spouse knowingly entered into a marriage while being already married to another person
The spouse cheated (committed adultery)
The spouse willfully or maliciously left them without a justifiable cause for longer than 12 months
The spouse has been convicted of an “infamous” crime in Tennessee
The spouse committed a felony and was sentenced to jail or prison
Tennessee divorce statutes also list a variety of other fault grounds for divorce.
Contested vs. Uncontested Divorce
Divorces are also broken down into contested and uncontested ones:
Contested divorce - If spouses cannot agree on all aspects of their divorce on their own—including property division, alimony, and child custody—they will have to pursue a contested divorce. The judge will determine the final outcome.
Uncontested divorce - This type of divorce is available to spouses who can reach a mutually beneficial agreement without court intervention. The spouses have control over the outcome of their divorce.
If you are pursuing a contested or uncontested divorce, consider contacting a skilled attorney to help you understand the process and protect your rights.
How Long Does a Divorce Take?
The duration of your divorce depends on whether your divorce is contested or uncontested. As a rule of thumb, contested and fault divorces take much longer than uncontested ones. If you and your spouse are pursuing a no-fault, uncontested divorce, you could settle your divorce within about three to six months.
However, keep in mind that Tennessee has a mandatory waiting period for divorces. If the divorce does not involve minor children, the mandatory waiting period is 60 days. If the spouses have children, they must wait at least 90 days before their divorce can be finalized.
Divorce Attorney in Kingsport, Tennessee
If you are seeking a divorce in Kingsport or anywhere else in Tennessee, reach out to a skilled divorce attorney at Steven C. Frazier, Attorney At Law. As a dedicated and client-oriented lawyer, Steven C. Frazier is prepared to stand by your side throughout the divorce process. Mr. Frazier will help you navigate this emotionally complex time, so schedule a consultation today to get started.