Clarksville Divorce Attorney

• Child Custody
• Child Support
• Fathers' Rights
• Paternity
• Orders of Protection
• Contempt/Enforcement
• Mediation

What Is the Difference Between Contested & Uncontested Divorces?

Broadly speaking, Tennessee law recognizes two types of divorce: uncontested and contested.

• Uncontested divorce: Both spouses agree on all terms, including property and debt division, spousal support, and custody and support for any minor children. The spouses sign a written agreement and parenting plan (as needed), and the divorce judge grants the divorce based on “irreconcilable differences.”
• Contested divorce: The spouses cannot agree on one or more key issues, such as assets, debts, or parenting. They present their positions in court, question witnesses, and submit evidence. The judge then decides unresolved matters and determines if grounds for divorce exist.

The path you take—contested or uncontested—will shape the process and timeline of your divorce in Tennessee.

When deciding which approach fits your circumstances, consider both financial and emotional effects. An uncontested divorce usually saves time and money by keeping disputes out of court. A contested divorce can be necessary if important matters remain in dispute, such as dividing significant assets or determining custody. An experienced attorney can help you make decisions that protect your best interests in either scenario.

What Are the Grounds for Divorce in Tennessee?

As described above, Tennessee allows two paths to divorce: uncontested and contested. In uncontested divorce, neither spouse has to prove fault—both agree “irreconcilable differences” make the marriage unworkable. 

In contested divorce, the spouse filing must prove one or more legal grounds, including:

• The other spouse is unable to have children
• The other spouse committed bigamy
• The other spouse committed adultery
• The other spouse deserted the plaintiff for two years or more
• The other spouse has been convicted of an infamous crime
• The other spouse has been sentenced to prison for a felony
• The other spouse engaged in inappropriate marital conduct
• The other spouse attempted to murder the plaintiff
• The other spouse abuses alcohol or drugs
• The wife was pregnant by another man at the time of marriage
• The other spouse refused to move to Tennessee and stayed away for more than two years
• The other spouse’s actions forced the plaintiff to withdraw from the marriage
• The other spouse abandoned the plaintiff and did not provide support
• The couple separated for over two years and has no minor children

Tennessee courts can consider evidence of fault when deciding alimony, child custody, and visitation in divorce cases.

What Is the Tennessee Divorce Process?

Before meeting with an attorney, review some basics about divorce procedures and rules in Tennessee. Divorce is a personal experience, and every case has unique facts—always rely on personalized guidance for your situation.

Every Tennessee divorce begins when one spouse (the “plaintiff”) files a Complaint for Divorce with the court clerk. The clerk issues a Summons, notifying the other spouse (“defendant”) about the case and giving an opportunity to respond.

The plaintiff must arrange for the defendant to receive official copies of both documents. If the defendant cannot be located or avoids service, other legal steps may apply.

Once served, the defendant has thirty (30) days to file an Answer. The defendant can also file a Counter-Complaint. If no Answer is filed by the deadline, the court may issue a Default Judgment after hearing from the plaintiff only.

Montgomery County has its own filing timetable, scheduling, and court requirements. The Montgomery County Circuit Court in downtown Clarksville handles most divorce filings for local residents. Knowing the courthouse’s procedures can streamline your process and reduce the risk of delays.

Who Can File for Divorce in Tennessee?

Only Tennessee residents can access Tennessee divorce courts. To file, one of the following conditions must apply:

• You or your spouse lived in Tennessee for at least six months before filing
• You lived in Tennessee when the grounds for divorce occurred

Members of the U.S. Armed Forces stationed in Tennessee can qualify after a year of residency.

Montgomery County’s closeness to Fort Campbell brings extra residency issues, especially for military families. Timely review of military residency and federal benefit rules helps you avoid delays as you prepare your divorce petition.

What are the Key Legal Issues the Court Must Resolve in a Tennessee Divorce?

A successful divorce resolution requires expert negotiation and, if necessary, aggressive litigation across four key areas, all of which are finalized through a decree in the Montgomery County courts:

Equitable Division of Marital Property

Tennessee is an equitable distribution state, meaning marital assets and debts acquired between the date of marriage and the date of final divorce are divided fairly, but not necessarily equally (50/50).

• Marital vs. Separate Property: The court must first classify all property. Separate property (owned before marriage, or acquired by gift/inheritance) is generally protected. We work to trace assets and prevent the commingling or transmutation of your separate property into marital property.
• Division Factors: The court considers many factors, including the length of the marriage, the age and health of each spouse, the vocational skills, and each spouse's contribution to the marriage (including as homemaker). Our firm meticulously prepares the financial record to ensure the court sees a complete picture and orders a fair distribution.

Child Custody and Co-Parenting

The court's overriding concern is the best interests of the child. This requires a detailed Permanent Parenting Plan that addresses:

• Legal Decision-Making: Who makes major life decisions (education, health, religious upbringing).
• Residential Schedule: The physical custody arrangement and visitation schedule.
• Child Support: Calculated based on the Tennessee Child Support Guidelines (the Income Shares Model).

Alimony (Spousal Support)

Alimony is not automatic in Tennessee. It is awarded based on one spouse’s need and the other spouse’s ability to pay. Tennessee recognizes four main types: in futuro (long-term), in solido (lump sum), rehabilitative (to gain job skills), and transitional (to aid adjustment).

Military Divorce Issues

Given our proximity to Fort Campbell, military divorce carries unique issues, including the division of military retirement pay (governed by the Uniformed Services Former Spouses’ Protection Act - USFSPA) and jurisdiction rules unique to service members.

Do you have more questions about Tennessee divorce laws? Contact us today by calling (931) 398-5308.

What County Should You File In?

Once you know you can file for divorce in Tennessee, select the correct county, also called the “venue.” Options include:

• The Tennessee county where you lived when you separated
• The county where the non-filing spouse resides
• If the non-filing spouse is not a Tennessee resident or is incarcerated, the county where the filing spouse lives

What Restrictions Does Tennessee Law Impose on Divorcing Spouses?

When a contested divorce is filed in Tennessee, an automatic court order—known as the Statutory Injunction—immediately limits both parties’ actions:

• No getting rid of marital assets. You cannot transfer, conceal, or waste marital property without the other’s consent.
• No harassment or abuse. Neither spouse can harass, threaten, or harm the other.
• No belittling remarks. Do not make negative comments about your spouse around children or at work.
• No hiding or destroying electronic evidence. Do not remove, erase, or damage electronic records.
• No relocating with children. Without court approval or the other parent’s agreement, a parent cannot move the children out of Tennessee or more than 100 miles from the marital home.
• No changing or canceling insurance policies. Do not drop, change, or fail to pay insurance that covers you, your spouse, or your children without the court’s or spouse’s approval.

Breaking the Statutory Injunction may lead to a $50.00 fine and up to ten days in jail for each violation. Courts in Clarksville and across Tennessee enforce these rules strictly to protect both parties’ rights during a divorce.

Is Temporary Relief Available During the Divorce Process?

During a divorce, you may need temporary relief while your case is ongoing. Some common types include:

• Temporary parenting plans or visitation
• Temporary financial support
• Exclusive use of the marital home
• Permission to act outside the Statutory Injunction
• Parental relocation
• Temporary restraining orders and injunctions

Montgomery County judges often hold prompt hearings for temporary orders, especially if children or finances need quick decisions. Temporary orders determine important issues such as who lives in the home, how bills are paid, or schedules for spending time with the children. Careful preparation for these hearings can help you avoid unnecessary stress and delays.

How Does a Lawyer Gather Information During the Divorce Process?

Before trial, divorcing spouses often participate in discovery, the legal process of exchanging information. Four main types of discovery apply in Tennessee divorces:

• Interrogatories: Written questions answered under oath
• Request for production of documents: Requests to provide documents or records
• Requests for admission: Requests to admit specific facts are true, narrowing the disputed issues
• Depositions: Sworn oral testimony, usually transcribed by a court reporter

Tennessee law allows broad discovery. Parties can collect any relevant information, even if evidence would not be allowed in trial. If a discovery request is unfair, a judge may issue a protective order. Most discovery responses are due within thirty days. Noncompliance can lead the judge to order a party to provide the requested answers.

What Is Mediation in Divorce?

Mediation starts with a meeting where the mediator explains the steps to both spouses and their attorneys. The mediator shuttles between rooms, helping both sides negotiate, exchange offers, and consider options. Sessions can last several hours, and both parties usually split the fees. Tennessee law keeps all mediation talks confidential. Any proposals made cannot be used in court if the parties fail to settle.

Mediation is generally required before trial, though judges can excuse parties for specific reasons:

• If mediation is unaffordable
• If there is already a full written divorce agreement
• If the parties attended a settlement conference with the judge
• If mediation is very unlikely to succeed
• If the court finds another good reason
• If one spouse committed domestic abuse and has a protection order or criminal conviction

Most mediation in Montgomery County happens at the courthouse or local mediation centers. For many families in Clarksville, this can resolve disputes quickly and with less conflict than a trial.

If mediation fails, the divorce judge decides unresolved issues such as grounds, property, and support.

How Do You Prepare for a Divorce Trial in Tennessee?

Preparation for trial is a key part of a divorce attorney’s work. We prepare for trial in several ways, including:

• Interviewing and subpoenaing necessary witnesses
• Collecting important documents and evidence
• Researching relevant laws and decisions
• Requesting information from the other spouse during discovery
• Preparing you to testify and handle questions from the opposing lawyer
• Strategy to prove essential facts and arguments
• Filing a detailed written brief for the judge to review before trial

Trials in Clarksville’s courts demand close attention to local deadlines and preferences for filings. Organizing and submitting thorough evidence on time supports your position and moves the process forward. You may also attend pre-trial meetings to discuss settlement and narrow the issues before the judge hears the case in full.

Do you have additional questions about Tennessee’s divorce laws? Contact us online today to schedule your consultation with a Clarksville Divorce Lawyer or call (931) 398-5308.