Divorce Lawyers

We at Landry & Azevedo perform legal services for people struggling with a divorce in Knoxville TN. If you need legal help contact us.

Trusted & Experienced Divorce Attorneys

Divorce law is one of the most demanding areas of legal practice. Attorneys must be unassailable in representing their clients while being sensitive to emotional moments. Only when there is a balance between these two forces can divorce proceedings pass successfully through the courtroom or mediation table.

At Landry & Azevedo, our professional team of experienced attorneys understands the challenges of a divorce proceeding. That is why we commit fully to the process with our decades of legal knowledge and expertise to make things as smooth and amicable as possible. That way, you can move past the dispute and on to a happier time in your life.

At the same time, the best results don’t always come from mediation. Our proactive attorneys are willing to go to court on your behalf when it is in the interest of clients. There we have settled complex disputes and earned our equitable divorce settlements.

The choice of a divorce attorney is one of the most impactful decisions you will ever make. Choose someone who understands your goals and can make them a reality. Contact [company name] for the representation you need today on 865-851-7050.

Residency Requirements for Divorce

As you might have guessed, there are residency requirements when it comes to getting a divorce in Knoxville. The spouse filing for separation must be a legal resident of Tennessee. If not, they must remain in the state for six months before proceeding with legal action.

There are exceptions to this rule, though. People serving in the United States armed services are eligible as immediate residents of the state. The spouses of armed services members must have resided in the state for at least one year for eligibility.

Divorce proceeds can be accelerated if there is an emergency situation, too. Jurisdictions will waive the six-month window in the case of child abuse or domestic violence. If you are a victim of child abuse or domestic violence, call the police, call us for legal counsel, and if necessary, find your nearest shelter.

Uncontested vs. Contested Divorce

Filing for divorce starts with a petition. The filing spouse draws up a petition to initiate the proceedings, which includes the specific grounds for divorce. The other spouse then has thirty days to respond to the paperwork.

If the spouses agree on the terms, they enter into a marital dissolution agreement (MDA). There is also a permanent parenting plan (PPP) where children under the age of 18 are involved. This is called an uncontested divorce.

The MDA and PPP are complex settlement processes, which can include child custody, health insurance, and personal property, and often use family attorneys or experienced meditators.

If the spouses do not agree on the terms outlined in the petition, they settle their differences in court. This is called a contested divorce. A contested divorce resolves the same topics covered in the MDA and PPP but through legal proceedings.

Minimum 60-Day Waiting Period for Divorce

The quickest possible divorce in Knoxville takes sixty days. This cooling off period is an opportunity for the spouses to reflect on their decisions and determine whether they want to continue or to reconcile. The state of Tennessee encourages these reflections and will even suspend proceedings if the couple needs time to think about their choices.

This sixty-day waiting period is only available under certain conditions. The following aspects need to be in place:

  • the petition must cite a no-fault divorce
  • the spouses have no children under 18 years old, and the divorce is mutual.

Otherwise, the minimum waiting time is ninety days.This period is for mutual divorces with no-fault grounds, but where spouses have minor children. The extension allows spouses, lawyers, and all parties to plan and agree on child custody thoroughly. Once finalized, the custody and parenting time results are submitted as part of the PPP.

Reasons for Divorce in Tennessee

There two types of divorce: fault and no-fault grounds. No-fault divorces fall into one of two categories—either the couple has irreconcilable differences, or they have been living in separate residences for at least two years and don’t have children.

The reasons to get a fault grounds divorce are numerous. The fault could be spurred either through the actions of one or both spouses. They include:

  • Child abuse.
  • Substance abuse.
  • Felony conviction.
  • Adultery or bigamy.
  • Banning the spouse from the home.
  • Impotence, or the inability to procreate.
  • Domestic violence or attempted endangerment.
  • Willfully abandoning your spouse without cause for one year.
  • Refusal to move with a spouse to a new residence without cause for two years.
  • The wife was pregnant with another man’s child without the husband’s knowledge at the time of the marriage.

A spouse must prove these reasons beyond doubt to have grounds for a fault divorce. This process requires credible evidence, whether physical, digital, or testimonial. At [company name], we can guide you through the divorce process to help you figure out what works best for you.

Alternatives to Divorce under Tennessee Divorce Law

Full-blown divorce is not the only alternative when you want to separate from your spouse. There are better routes you can take without legally getting divorced. These include annulment and legal separation.

An annulment is a legal procedure where the marriage is treated like it never happened. Annulments are incredibly uncommon. They only occur under specific circumstances like:

  • Incest.
  • Insanity.
  • Marriage fraud.
  • Adultery or bigamy.
  • Under-age spouses.
  • Coercion of a spouse into marriage.
  • Impotence, or the inability to procreate.

Legal separation allows a married couple to live apart from one another. This action permits the spouses to get away from one another, except they cannot remarry. The grounds for separation are the same as for divorce.

Contact Landry & Azevedo in Knoxville , TN, if you are considering separation or divorce. Our attorneys will take the time to access your situation and assist you in the best course of action for your future. Experience a better, brighter way forward by calling us at 865-851-7050 today.


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