Protecting Your Interests In A Tennessee Divorce
There are primarily two ways to get divorced in Tennessee. If you and your spouse can agree to all the terms of your divorce, you can file for a divorce based upon “irreconcilable differences.” This is often called an uncontested divorce or divorce by mutual agreement. Divorce, even if uncontested, can often cause stress and anxiety. Clients need a reliable Nashville divorce lawyer who can ease the stress of divorce by guiding them through all the necessary steps and advising them on what to do and what to avoid.
Maniatis Law PLLC can assist you in your divorce process from start to finish, and Nashville divorce attorney Matt Maniatis’s experience can ensure your divorce process is streamlined with no unnecessary delays. If you are an immigrant with a spouse in the United States or in another country, attorney Maniatis will serve as a strong immigration divorce lawyer to help you move forward.
Can You Get A Divorce If You Don’t Have Legal Immigration Status?
If you and your spouse can agree on all the terms, uncontested divorces are the easiest, fastest, and cheapest way to get divorced. The result is also an agreement decided by you and not the judge. Your immigration status will not affect your ability to get divorced in Tennessee. It also does not matter if you were married outside of the United States. You must only satisfy the state residency requirements of having lived in the state for at least 6 months. As an experienced immigration divorce lawyer, attorney Maniatis has valuable experience helping immigrants in this unique situation.
Can You Get A Divorce If You Can’t Find Your Spouse?
Although the process will be more complicated, you can get a divorce even when you do not know your spouse’s location. However, you must attempt to notify them, and you can use alternative methods of serving your spouse with the divorce petition, such as publishing a notice in the newspaper or in the courthouse. Nashville divorce attorney Maniatis can help you follow all the required steps so that you can protect your property and custody rights and receive a default judgment against your spouse.
If you were married outside of the United States, you still have options to get a divorce in the U.S. To obtain a divorce in Tennessee, the marriage must have been valid in the country where it occurred, and you must qualify under Tennessee’s residency requirements. As an experienced immigration divorce lawyer, attorney Maniatis has valuable experience helping immigrants in this unique situation.
If you and your spouse can agree on all the terms, uncontested divorces are the easiest, fastest and cheapest way to get divorced. The result is also an agreement decided by you and not the judge.
If you and your spouse want to file for an uncontested divorce, Nashville divorce attorney Matt Maniatis can assist you in the following ways:
- Complaint for divorce: Uncontested divorces can be filed under the grounds of “irreconcilable differences,” however, there is still specific statutory language required in your complaint for divorce. Maniatis Law can ensure that your complaint is properly drafted and filed with the court, ensuring no unnecessary delays or waiting periods while your divorce is pending.
- Marital dissolution agreement: Once your complaint for divorce has been filed, your agreement can be finalized in a written document called the “marital dissolution agreement” or “MDA.” Spouses can file for a divorce without the services of an attorney, however, they often run into many problems with defects in their filings, prolonging and potentially jeopardizing the divorce proceedings. Maniatis Law can provide the experience necessary to properly draft your legal documents.
- Permanent parenting plan: If you and your spouse have children, Maniatis Law can guide you through creating a permanent parenting plan outlining parental visitation and child support to take place after your divorce is final. Child support is mandatory under the Tennessee Child Support Guidelines, which function under an “income shares” model, where both parents share in the financial support of their minor children. Maniatis Law can advise you on how the guidelines work and assist you in formulating your agreement in the best interest of your child.
- Final hearing: Maniatis Law will represent you during your final hearing where your divorce will be granted. Before your final hearing is set, Maniatis Law will make sure that you have complied with all filing fees, deadlines, notice requirements, mandatory waiting periods and statutorily required legal language.
Contested Divorce In Tennessee
If a divorce has already been filed against you, there are strict deadlines that must be followed for a response. There are several possible grounds for divorce that may be listed in the complaint filed against you, such as adultery, abandonment, convictions for certain crimes, or inappropriate marital conduct. However, you still may be able to find an amicable solution with your spouse through negotiation.
Parties involved in a contested divorce will encounter complex issues and can benefit from exceptional representation from an attorney who has their client’s best interests and financial concerns in mind. When no agreement between parties is met, the court must intervene and determine how all marital property will be divided and how custody will be arranged if there are minor children. Nashville divorce attorney Matt Maniatis can advise you on what the likely outcome would be if your matter went to trial.
Property Division In A Tennessee Divorce
Property belonging to the parties in a divorce can be classified as either “separate property” or “marital property.” This will include all assets owned by either spouse, including real estate, vehicles, bank accounts, ownership interests in certain businesses, and personal belongings. The court also has the power to divide property that is in another state or country.
Although there are exceptions, separate property consists of property belonging to a spouse prior to the marriage or received as a gift or part of an inheritance during the marriage. Property received during the marriage will often be considered marital property if both parties jointly share the property or pay for the property with joint funds. This is true even if only one spouse’s name is on the title or deed.
The court will also have to determine how every debt will be paid and which party will be responsible for its payment. The court will assign debts while considering such things as who created the debt, the purpose for the debt, who benefited from the debt and who can afford to pay the debt. Just like marital property, even though a certain debt may only be in one spouse’s name, both parties can be liable for any unpaid debt.
Contact Maniatis Law PLLC
To schedule an appointment, please reach out to Maniatis Law online or by calling 615-366-1211. Nashville divorce lawyer Maniatis and his team are bilingual in Spanish and English to better serve you.