Frequently Asked Questions About Divorce

If you are getting divorced, you might be confused about how the process will go, what you can expect, and how a potential settlement will affect your future. At Mandy Hancock Law, we understand your concerns, which is why we want to arm you with as much knowledge as possible as you go into your divorce. We have compiled a list of questions that occur most frequently when we work with our clients, so you can be one step ahead!

However, every family and every divorce is completely unique. For answers to specific questions about the circumstances that surround your divorce, request an initial consultation with our team so we can give you the most accurate information!

Is Tennessee a no-fault divorce state?

Tennessee has a ground for divorce called irreconcilable differences. However, to be divorced on those grounds, both parties must agree on all issues in the case, such as division of assets and debts, alimony, co-parenting and child support. If the parties cannot agree on all issues, then the person seeking a divorce has to prove an alternate ground. While fault-based grounds (such as adultery, abuse, or abandonment) are still available in the state, most divorces are filed on no-fault grounds because they tend to be quicker and less contentious.

What is the difference between contested and uncontested divorce?

A contested divorce occurs when the spouses cannot agree on one or more key issues, such as division of property, child custody, spousal support, or other matters. In this case, the couple will need to go to court, where a judge will make the final decisions on the disputed issues. Contested divorces tend to be more time-consuming, emotionally taxing, and expensive due to the need for legal representation, hearings, and sometimes trials.

An uncontested divorce happens when both spouses agree on all issues, such as property division, custody arrangements, and spousal support. Since both parties are in agreement, the process can be much faster, simpler, and less costly. Even though it’s uncontested, it’s still wise to have legal assistance to ensure all agreements are fair and legally sound. Uncontested divorces can often be resolved through a settlement agreement or mediation, without needing to go to trial.

Is Tennessee an equitable distribution state?

Yes, Tennessee is an equitable distribution state, which means that in a divorce, the court divides the marital property in a way that is fair, but not necessarily equal. The goal is to ensure a just distribution of assets and debts based on various factors, such as the length of the marriage, each spouse’s financial and non-financial contributions, the economic circumstances of both parties, and the needs of any children involved.

Unlike community property states, where assets are typically divided 50/50, equitable distribution allows the judge more discretion to divide assets in a manner that is considered fair, based on the specific circumstances of the marriage and the divorce.