What To Expect When You Hire Our Knoxville Divorce Attorney

When you come to Landry & Azevedo, you’re in good hands. In fact, we are among the top divorce lawyers in Knoxville, TN and have decades of experience under our belts. Below, we want to discuss some specific areas of expertise our attorneys will walk you through, explaining each step in plain terms:

Residency Requirements

First and foremost, the person filing for divorce must be a legal resident of Tennessee and must have lived in Tennessee for at least six (6) months before filing the Complaint for Divorce. Some exceptions include situations with a spouse in the military or an emergency situation, such as abuse.

Types of Divorce

When filing for a divorce, there are two distinct types of complaints, each with their own unique approach:

Fault Grounds Divorce: there could be many reasons to get a divorce on fault grounds, including but not limited to, abuse, felony conviction, adultery, endangerment, and impotence.
No-fault Divorce: you can file a no-fault divorce on the grounds of irreconcilable differences, or if you and your spouse have been living in separate residences for at least two years and do not have any children.

Filing a divorce on fault grounds requires credible evidence to prove beyond a reasonable doubt, and our Knoxville divorce attorneys can help you determine the best path forward.

Uncontested & Contested Divorce

Once you file for divorce in Tennessee, the other spouse has thirty (30) days to respond. If you and your spouse are able to reach an agreement, what follows is called a Marital Dissolution Agreement (“MDA”), as well as a Permanent Parenting Plan (“PPP”) if there are minor children and is settled out of court – this is also known as an uncontested divorce. An uncontested divorce can involve child custody, insurance, child support, property division, and more.
On the other hand, if the spouse is not agreeable, then the MDA, PPP, and other matters are resolved through legal court proceedings. This is called a contested divorce, and our legal team is capable and knowledgeable in handling both uncontested and contested divorces with equitable settlements.

Minimum Waiting Periods

You may be wondering, how fast can I get a divorce in Knoxville, Tennessee? The simple answer is no sooner than sixty (60) days, but that is only possible in two specific scenarios– either the Complaint is filed as a no-fault divorce, or the spouses have no children under 18 years old, and the divorce is mutual. All other divorces, including agreed-upon divorces with no-fault grounds but with minor children involved, have a minimum waiting period of ninety (90) days. This allows things like child custody and parenting plans to be worked out thoroughly before finalization.

Divorce Alternatives: Annulment & Legal Separation

Divorce is not your only option. While annulments are rare, it could be a route to explore if special circumstances warrant it, like insanity, marriage fraud, coercion, etc. The other alternative to a divorce is a legal separation, which legally allows the spouses to separate assets and liabilities, and live apart from one another, but not legally divorce one another. A legal separation has the same grounds as for divorce and involves the parties entering into similar documents.

Schedule a free consultation with our Knoxville divorce attorney.

Are you in need of legal advice regarding a divorce? You can count on our Knoxville divorce attorneys to provide professional expertise and proactive support, while also being sensitive to the emotions and well-being of everyone involved. We offer free consultations to allow you to meet with us, tell us about your case, and ask any questions you may have. This allows us to determine the best course of action for your case and get started efficiently.