Clarksville Divorce Attorney

Experienced, compassionate counsel

The divorce process is uniquely personal. It touches upon every facet of your life, and can be quite overwhelming and stressful. When seeking a divorce, it is important to understand Tennessee divorce laws, including those for child custody and support, so that you can make the most informed decisions. McFarland Law in Clarksville is a family law firm dedicated to advocating on behalf of our clients, representing their best interests, and guiding them every step of the way through the divorce process.

What are the grounds for divorce in Tennessee?

Tennessee is considered a mixed state in terms of divorce. Couples can file for divorce based on either “fault” or “no-fault” grounds, or a legal separation of at least two years can serve as grounds for the divorce. In a “no-fault” divorce, a spouse is not required to cite any wrongdoing on the part of the other spouse; instead, the divorce can be based on the grounds of “irreconcilable differences”. If a spouse wishes to file for divorce based on “fault” grounds, then that spouse must demonstrate to the court that the other spouse’s behavior or inappropriate marital conduct that led to the divorce.

How is property divided in Tennessee?

When a couples chooses to divorce, they often try and work out the division of property between themselves, rather than having the courts decide. However, when a couple cannot agree on this, then a judge decides based on the laws of property division in the state. The state of Tennessee is an “equitable division state”. This means that you and your spouse jointly own the income that was earned during the course of your marriage. There is also a joint ownership interest in any property acquired during the marriage. When you and your spouse divorce, your property is divided based on what the judge determines is “fair” and “equitable”. It is important to understand that an “equitable distribution” does not necessarily mean that your property will be split equally between the two of you. Tennessee Courts will divide assets as close to a 50/50 split as possible. However, there are cases where our courts have authority to award one spouse a higher percentage of marital assets, such as; where both parties to the marriage worked equally hard to acquire assets and one of them depleted or squandered marital assets or one spouse did not make an equal contribution to the acquisition of marital assets.

Tennessee child custody laws

When divorcing in Tennessee, a judge will decide the child custody arrangement that they feel serves the best interests of the child. This determination is based on a number of different factors presented to the court. Custody may be shared, provide greater custody to one parent, or be an entirely different custody arrangement decided by the judge.

Have questions about divorce? We can help

Dedicated family lawyer Ryan K. McFarland understands that filing for divorce is an emotional process. Attorney McFarland provides compassionate counsel and skilled representation in the courtroom, advocating on behalf of his clients for the best possible outcome in each situation. If you have questions regarding divorce, arrange for a confidential consultation with Attorney McFarland to discuss your situation. Contact the office at (931) 919-4376 or online; McFarland Law is located in Clarksville and serves all of Montgomery County.