10 Most Frequently Asked Questions About Knoxville Family Law
Need legal answers you can trust? Here are some of the most common FAQs about a variety of Knoxville family law topics, including civil litigation, divorce, prenuptial agreements, child visitation, and more!
Knoxville Family Law FAQs
1. What does a family lawyer do?
A family law attorney helps clients settle child custody disputes, mediate divorce proceedings, assist with estate administration, and more. Regardless of the case, they will typically:
- Provide general counsel
- Negotiate between parties
- Represent and advocate in court
- Draft legal documents
- Non-criminal dispute: two parties can’t come to an agreement.
- Examples include breach of contract, workers’ compensation, will contests, and even class action suits.
- Civil litigators will go through discovery and attempt mediation to settle out of the courtroom if possible.
3. What is a living will vs last will?
- Living will: advance care directive for end-of-life care (life-sustaining methods, pain management, etc.)
- Last will: post-death directive for property and asset distribution.
- Why have both: ensures wishes are carried out; less stress on family.
4. Can you get a prenuptial after marriage?
- A prenup is drafted before marriage and can include anything from assets and property to debt payment and alimony.
- You can enter into a legally-binding postnuptial agreement after marriage, which can contain the same terms as a prenuptial.
5. What to do before filing for divorce?
- Consult with a family lawyer for state requirements (such as the typical 90-day waiting period).
- Gather important documents: tax returns, bank statements, insurance information, investment records, real estate deeds, car registration, list of assets, etc.
- Don’t hide or sell assets or take funds from shared accounts.
6. How long does a divorce take in TN?
- The person who is served divorce papers must respond within 30 days.
- A No-fault divorce for couples with no kids under 18: 60-day waiting period.
- All other divorces have a 90-day waiting period.
7. What are Tennessee alimony guidelines?
- Alimony may be awarded as long-term payments, a payment plan with an expiration date, or a set lump sum or periodic payment.
- Alimony is calculated on need and on a case-by-case basis.
8. What are the benefits of mediation?
Knoxville family law experts often wear the hat of a mediator to impartially resolve conflicts without having to settle in court. This means:
- Less stress and burden
- Saves time and money
- Gives parties more control
9. Does TN have grandparents’ rights?
Yes, but you must meet certain conditions to request grandparents’ visitation rights, including:
- The parents are divorced or never married
- One or both parents are deceased
- A court order from another state authorizing grandparents’ visitation
- One or both parents are neglecting the children
10. How do you get a restraining order in Tennessee?
- Reasons for seeking an order must be recorded in writing.
- You must swear under oath that the facts are accurate to the best of your knowledge.
- The judge may issue a temporary restraining order (ex parte).
- There may be a hearing before the extended order of protection (EPO) is issued.
Who are the Best Lawyers in Knoxville?
We are one of the best law firms in Knoxville, TN with decades of combined experience. Our family law attorneys go above and beyond the standard of service and have built a strong reputation at the local, state, and federal levels.
Have a Question We Didn’t Answer?
We answered quite a few FAQs about Knoxville family law, but if you still have questions or would like to speak further about your specific situation, we are only a phone call away. And the best part? We offer free in-person consultations!
Schedule a free consultation with our Knoxville lawyers today!
