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There are two ways child visitation and timesharing schedule can be determined in a Tennessee divorce.  The first, and most ideal way, is for the divorcing spouses to work together to agree on a visitation schedule that is in the best interests of their child(ren).  The terms of the divorcing spouses’ visitation agreement will be included in a Marital Dissolution Agreement, also known as a Martial Settlement Agreement, which will have to be signed by both parties.  The other is for the Court to decide based on what they think is in the best interest of the child(ren). To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

There are two ways child custody can be determined in a Tennessee divorce.  The first, and usually most ideal way, is for the divorcing spouses to work together to agree on a custody arrangement that is in the best interests of their child(ren). The terms of the divorcing spouses’ child custody agreement will be included in a Marital Dissolution Agreement, also known as a Martial Settlement Agreement, which will have to be signed by both parties.   The other is for the Court to decide.  Pursuant to Tennessee Code Annotated 36-6-106, when the deciding upon a custody arrangement for the child(ren) of a divorcing couple, the Court considers the following relevant factors:

•  The strength, nature, and stability of the child's relationship with each parent, including whether one (1) parent has performed the majority of parenting responsibilities relating to the daily needs of the child;

• Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to either parent in violation of a court order;

• Refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings;

• The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;

• The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;

• The love, affection, and emotional ties existing between each parent and the child;

• The emotional needs and developmental level of the child;

• The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3). The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings;

• The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;

• The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;

• Evidence of physical or emotional abuse to the child, to the other parent or to any other person. The court shall, where appropriate, refer any issues of abuse to juvenile court for further proceedings;

• The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child;

• The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;

• Each parent's employment schedule, and the court may make accommodations consistent with those schedules; and

• Any other factors deemed relevant by the court.

To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

There are two ways spousal support and alimony can be determined in a Tennessee divorce. The first, and usually most ideal way, is for the divorcing spouses to work together to agree on a spousal support or alimony arrangement that works for both parties. The terms of the divorcing spouses’ alimony agreement will be included in a Marital Dissolution Agreement, also known as a Martial Settlement Agreement, which will have to be signed by both parties.   The other is for the Court to decide whether or not alimony should be awarded and the terms of the alimony award.   Pursuant to Tennessee Code Annotated 36-5-121, in determining whether the granting of an order for payment of support and maintenance to a party is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court shall consider all relevant factors, including:

   (1) The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources;

   (2) The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earnings capacity to a reasonable level;

   (3) The duration of the marriage;

   (4) The age and mental condition of each party;

   (5) The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;

   (6) The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage;

   (7) The separate assets of each party, both real and personal, tangible and intangible;

   (8) The provisions made with regard to the marital property, as defined in § 36-4-121;

   (9) The standard of living of the parties established during the marriage;

   (10) The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;

   (11) The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so; and

   (12) Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

A divorce is a legal action between a married couple in which one or both parties seek to terminate their marriage relationship.  It is sometimes referred to as dissolution of marriage or absolute divorce.  To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

In Tennessee, a no fault is a divorce that is based on the grounds of irreconcilable differences.  To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

In Tennessee, an uncontested divorce is a divorce in which the parties have reached an agreement regarding all the terms of their divorce, such as the division of marital assets and debts, custody, visitation, child support, and alimony. To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

No.  In Tennessee an uncontested divorce and a no fault divorce are not the same things.  A no fault divorce refers only to the grounds or reason for the divorce.  A no fault divorce is a divorce that is base on the grounds of irreconcilable differences.  An uncontested divorce is a divorce in which the parties have reached an agreement regarding all the terms of their divorce, such as the division of marital assets and debts, child custody, visitation, child support, and alimony. An uncontested divorce is often based on the grounds of irreconcilable differences. To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

If your divorce is uncontested, your divorce can cost as little at $199 plus the filing fee.  At the Law Office of Nakeshia Walls, we offer a three uncontested divorce packages to fit every budget.  Our cheapest uncontested divorce package starts at $199.  We understand that people don’t tend to budget for a divorce, so we offer flexible payment plans to help make obtaining a divorce more affordable.  If you choose to use our payment plan, you can get your Tennessee divorce started for as little as $100 down! Check out our Tennessee divorce packages page to learn more about our low cost flat fee Tennessee Divorce packages.

 If your divorce is contested, the total cost of your divorce will be difficult to estimate; however, we will do our best to resolve your legal matter in an efficient manner to help keep fees and court costs down.  The filing fee for a divorce varies by county.  The filing fee for a divorce in Shelby County, Tennessee is $378.50 for a couple with children and $303.50 for a couple without children.  To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

You do not have to hire a divorce attorney; however it is strongly suggested that you do hire an attorney. Your divorce can have a drastic affect on the amount of visitation you have with your children, your rights in relation to your children, and your future finances. Hence, it is imperative that you have a divorce attorney on your side to provide you with legal advice and planning to help you fully understand all of your rights and obligations.  Our Memphis divorce attorney can help make an already overwhelming situation a lot less stressful for you while insuring that your legal rights and the best interests of your children are protected.  If you would like to save money or are comfortable representing yourself in your Tennessee divorce, we offer attorney drafted Tennessee divorce document preparation services for a low flat fee. Unlike purchasing your Tennessee divorce documents from a document preparation company, our Tennessee divorce documents come with legal advice from a licensed Tennessee divorce attorney. Thus, you can have peace of mind knowing that our Memphis divorce attorney will provide you with the legal advice and oversight you need to protect your rights and the best interests of your children.  To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

Usually, if your divorce is uncontested, you can be divorced in about two to six months.  If your divorce is contested, it can take years.  If you and your spouse have minor children together, you will have to wait 90 days after your Complaint for Divorce is filed before your Tennessee divorce can be granted.  If you and your spouse do not have any minor children together, then your Tennessee divorce can be granted after 60 days of the filing of your Complaint for Divorce. To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

Tennessee is not a community property state.  In a Tennessee divorce proceedings,   separate property is any property acquired prior to marriage, by gift or inheritance, in exchange for any separate property, or obtained from income or appreciation of separate property if the other spouse did not contribute to the preservation and appreciation.  In a Tennessee divorce proceeding, marital property is any property acquired during the marriage by either spouse, any increase in value of any property to which the spouses contributed to the upkeep and appreciation, and any retirement benefits. To get started, schedule a Divorce Consultation with our Memphis Divorce Attorney.

A person may file for a divorce in Tennessee if they were a resident of Tennessee during the time that the grounds for divorce took place.  If the grounds for divorce took place outside the state of Tennessee, then one of the spouses must be a resident of Tennessee for at least 6 months before filing for a divorce in Tennessee. To get started, click the following link to schedule a Divorce Consultation with our Memphis Divorce Attorney.

In a Tennessee Divorce, the Complaint for Divorce should be filed in the county in which both spouses reside if they are both residents, the county in which the respondent resides if her or she is a resident of Tennessee, or the county in which the petitioner resides if he or she is a resident of Tennessee.  To get started, click the following link to schedule a Divorce Consultation with our Memphis Divorce Attorney.