We're Here to Help You Understand Frequently Asked Questions Regarding Divorce

Nashville Divorce Attorney

Family Law FAQ in Tennessee

With over 30 years of experience helping families and individuals throughout Nashville, TN, Martin Sir & Associates is a top rated family law firm. Whether you are in the beginning stages of considering divorce or are in need of legal representation as you fight for custody, we are prepared to assist you in making the best decisions for your unique situation.

Take a look at some of our most frequently asked questions or call our office for immediate help.

For a free initial consultation from our qualified Nashville lawyer - call (615) 266-4505!

Frequently Asked Questions Regarding Divorce

I'm thinking about divorce. What do I do first?

If you are considering divorce, we strongly recommend that you speak with our professional Nashville divorce attorneys as soon as possible. Every divorce is unique. We want to patiently and graciously help you to work through your case in a professional manner. We will need to speak with you and determine how you want to go about your case before we can start filling out the paperwork.

What is permanent separation?

When a couple chooses to “separate” rather than divorce, they have options as to what they would like their separation to look like, including a permanent separation. Legal separation is recognized and regulated by the court, while the couple technically remains married, often for religious, financial, or personal reasons. A legal separation comes about with a court ruling on how the property is to be divided, and how to assign alimony, child support and custody, and child visitation. Typically, all assets and debts acquired during a permanent separation are the separate responsibility of each spouse, except for certain debts incurred related to child care or maintaining the marital home.

What are my options for divorce?

When it comes to divorce, Nashville residents have two paths they can take. The first is contested divorce and the second is uncontested divorce. In an uncontested divorce, both spouses work together to amicably arrive at conclusions about the terms for dissolution of the marriage. In a contested divorce, the spouses will battle these terms in court and the decision will be made by a judge.

When is divorce court a better option than mediation?

Using collaborative law or going to mediation can usually move your divorce along faster and do so in a more private setting. Some situations, however, warrant going to court.

Divorce court can be the better option when:

  • Your spouse has combative, aggressive counsel
  • Your spouse has a history of intimidating and abusing you
  • Your spouse is uncommunicative
  • Your spouse has gone missing
  • Your spouse lacks good faith

In these instances, attempting to work out your separation with your spouse amicably by simply working together or via mediation may simply be a waste of time and can possibly endanger you if your spouse has a history of violence.

Who will get custody of the children?

If you choose an uncontested divorce, you and your spouse may be able to arrange a custody plan together that works best for both of you. If you choose to go with a contested divorce, you will need to argue that you should be the primary custodian, as this is in the best interests of the children. Our team can help you argue this in court. The judges are not permitted to make decisions on custody based on gender, so both parents have a fair chance of earning custody.

I'm in the military. Are these types of divorce cases handled differently?

Military cases are handled differently than civilian divorce cases. At Martin Sir & Associates, we understand how to work through military cases in Tennessee. There are special laws according to the Uniformed Services Former Spouses' Protection Act (USFSPA) that will affect how property is divided in these cases. Military spouses cannot be forced to pay more than 60% of their income and allowances in child support or alimony.

I'm a grandparent and my child is getting divorced. Do I have rights to see my grandkids?

Grandparents often form a close bond with their grandkids, and this bond can be jeopardized by a divorce. If you are a grandparent worried about the future of your relationship with your grandkids, we encourage you to speak with an attorney at our firm. We have a special focus on grandparents' rights and may be able to enforce visitation so that you can maintain a relationship with your loved ones.

Do you have more questions? We have answers! Call Martin Sir & Associates today and speak with one of our associates at a free case evaluation!

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  1. Over 60 Years of Combined Experience
  2. Focused Exclusively in Family Law
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  5. Top-Rated and Highly-Awarded Attorneys
  6. Compassionate, Yet Aggressive When Needed
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