State: Tennessee

Men often face emotional turmoil and uncertainty when considering divorce in Tennessee. They may fear losing assets and custody battles. They may worry about the perceived bias against men in family law cases. The divorce process is often complicated. Trying to navigate it without expert legal representation is dangerous. Men can risk financial loss in property division, child support, or alimony payments. They may end up with limited child custody rights. These risks intensify the emotional and financial strain of divorce. Cordell & Cordell is an ally to men in Tennessee divorce cases. Thanks to years of experience handling family law matters, the firm takes an aggressive approach to litigation and offers a deep understanding of how divorce can affect men. Let us help you through this challenging time and protect your interests.

Why Choose Cordell & Cordell for Your Divorce in Tennessee?

For over thirty years, the Tennessee divorce lawyers at Cordell & Cordell have offered legal advice and advocacy to men going through divorce cases. Our law firm focuses on legal issues affecting men, such as parenting rights and a fair division of assets.

Hear From Past Clients:

“My attorney was incredibly tenacious and very knowledgeable in fighting our case, and she helped my family navigate through what was probably the most stressful time in our lives! In the end, my daughter and I were very happy with the outcome. If I could give [my attorney] more than five stars, I would!” — Joseph L.

“Excellent representation, honest and very responsive. The outcome was more than acceptable, given the conditions. Will certainly use [my attorney] at Cordell and Cordell for any future issues.” — Dustin B.

Understanding Tennessee Divorce Laws: What Men Need to Know

Divorce in Tennessee can involve numerous issues affecting almost every aspect of a person’s life. If spouses can agree to a settlement in an uncontested divorce, they must deal with property division, perhaps spousal support and the custody and support of any minor children. A contested divorce may require a judge to decide these issues. After the divorce is final, modifications to child support, child custody, or spousal support orders may be necessary.

Cordell Cordell’s ‌Tennessee divorce attorneys have experience in the following practice areas.

• Divorce
• Child custody
• Alimony
• Custody modification
• Child support
• Property division
• Pre-nuptial agreements

Grounds for Filing for a Divorce in Tennessee

When filing for divorce in Tennessee, you must state a reason, also known as the grounds for divorce. Tennessee allows “no-fault divorce,” meaning that a court can grant a divorce without evidence that either spouse did something to cause the breakup of the marriage. State law provides two grounds for no-fault divorce:

• The spouses have irreconcilable differences.
• The spouses have lived apart without cohabitating for at least two years and do not have minor children.

Tennessee law identifies thirteen fault-based grounds for divorce:

1. A spouse was impotent at the time of marriage and remains unable to reproduce.
2. The marriage occurred while a spouse was still married to someone else.
3. A spouse has committed adultery.
4. A spouse deserted the other “without a reasonable cause” for at least one year.
5. A spouse is convicted of a crime that causes them to become “infamous,” meaning a felony that results in ineligibility to vote.
6. A spouse is convicted of a felony and sentenced to imprisonment.
7. A spouse has maliciously attempted to kill the other spouse.
8. A spouse has, without reasonable cause, refused to move to Tennessee with the other spouse and remained away for at least two years.
9. At the time of the marriage, the wife was pregnant with someone else’s child without the husband’s knowledge.
10. A spouse began abusing alcohol or drugs after the marriage began.
11. A spouse engaged in “inappropriate marital conduct,” defined as “cruel and inhuman treatment… [that] renders cohabitation unsafe and improper.”
12. A spouse made it “intolerable” for the other spouse to continue living with them.
13. A spouse abandoned the other or kicked them out of the marital residence and failed to do so despite being able to support them financially.

Child Custody Laws in Tennessee

Courts must base all child custody decisions on what they believe will be in the child’s best interests. Some factors that a judge might consider include:

• The child’s relationship with each parent;
• Each parent’s potential for handling parental responsibilities;
• The child’s emotional and developmental needs;
• The child’s relationships with other family members;
• The child’s wishes, if they are at least 12 years old; and
• Any history of abuse or neglect by either parent.

Child Support Must-Knows for Fathers in Tennessee

Tennessee uses the “income shares” model to calculate child support obligations. This model is based on the idea that both parents should contribute financially to a child in proportion to their income. The following steps are involved in calculating child support:

• Determine the parents’ combined gross monthly income, which includes wages, salary, self-employment income, annuities, capital gains, and other income sources.
• Determine Adjusted Gross Income (AGI) by deducting taxes and credits for minor children born to other relationships.
• Calculate the basic child support obligation based on the Tennessee child support guidelines.
• Make adjustments for the amount of parenting time each parent has with the child and expenses like health insurance for the child to determine the Adjusted Support Obligation (ASO).
• Each parent’s ASO is in proportion to their share of AGI.

Complexities of Tennessee Divorce for Fathers with Substantial Assets

Divorce can be complicated for almost anyone. A divorce case can become quite heated for someone with a substantial amount of assets due to property division disagreements. Our team of Tennessee family law attorneys has extensive experience working with financial professionals to inventory and value complex marital estates. We are practiced at presenting these issues in court in ways that protect our clients’ interests in assets like:

• Family businesses;
• Real estate;
• Trusts;
• Large-scale investments;
• Retirement accounts; and
• Valuables, heirlooms, and collectibles.

The Bias Against Men in Divorce: Breaking Down Myths

Our legal system can sometimes seem to have a bias toward women. Men often appear to receive harsher penalties than women for the same crimes, for example. Crimes against women seem to receive more severe punishments than crimes against men. This can also appear in the legal process for divorce and other family law matters, such as when mothers seem to get full custody rights more often than fathers.

Some statistics support the idea that many family law cases go in women’s favor more often. Opinions vary widely about why this happens, but it is not due to the letter of the law. Family laws in Tennessee and other states make no distinctions between men and women or fathers and mothers.

One possible reason why mothers seem to get more custody rights is because of certain traditional views on parenthood that persist in our culture. Women are often seen as caregivers, while men are breadwinners. Regardless, our Tennessee divorce attorneys work to overcome any actual or perceived bias in the system and fight for our clients’ rights.

Facing a Divorce in Tennessee? Cordell & Cordell Has Your Back

You do not have to face the divorce process alone. Cordell & Cordell’s dedicated family lawyers are ready to fight for your rights as a father and your financial interests. We offer educational resources like eBooks, podcasts, and virtual town hall meetings to help you through this ordeal. Contact us today at 866-DADS-LAW (323-7529) or fill out our online contact form to learn more about how we can help.

While some divorces are straightforward, others can be complex and challenging. Yet, every divorce case, no matter how complicated, deserves a swift and definitive resolution. With approximately 2,400 divorces divorces occurring daily in the country, it’s crucial to recognize that each case is unique and must be handled with careful consideration of its specific circumstances.

Navigating the legal system around divorce in the Memphis area can be difficult despite the efforts made to make it easier. A useful tool is the help of experienced divorce lawyers from Cordell & Cordell. Our law office works to advocate for people in family law systems, taking an aggressive approach to court to help get a favorable outcome for you and your family. Take a closer look at how our divorce attorneys can help you every step of the way, and reach out to learn more about the legal services our family law group offers.

Why Work With Cordell & Cordell

Cordell & Cordell represents clients in the family court system. With our help, you will have an experienced advocate as a parent who will help you focus on equity and the best interests of any children, which are the factors the courts are supposed to value most. Take a look at what some of our previous clients had to say about our services and attorney-client relationship.

Client Experiences

“[My attorney] was a FANTASTIC lawyer whom I truly feel was on my side. I’ve had lawyers who have tried to run you over with how THEY want your case to go. [She] listened to my issue, took into consideration all of the facts and my evidence, and was able to surpass all of my expectations. I’d definitely recommend her to anyone looking for a great lawyer!” – Tijuana B.

“I would recommend Cordell & Cordell to anyone needing a family law attorney […]. In regard to my case, [my attorney] was very strategic in her actions and provided me with reassurance that everything would be okay during this stressful time. – Jarmenn S.

Our Family Law Practice Areas In Tennessee

• Child Custody: Fighting to maintain and maximize your role in your children’s lives
• Child Support: Working to preserve your financial interests and the interests of your children
• Collaborative Divorce and Mediation: Enabling couples to dissolve their relationship flexibly without court involvement
• Contempt Proceedings: Held for violations of court orders
• Establishing Paternity: Ensuring receipt of all paternity rights through a declaration of paternity
• Divorce: Working with you to outline your divorce goals and prepare for your case
• Legal Separation: A court process for defining rights and obligations between spouses living apart but still legally married
• Military Family Law: Addressing the complexities of divorce when one spouse is serving in the military
• Modification of Decrees: Assisting with modifications to adjust past decrees due to changes in financial circumstances
• Prenuptial Agreements: Providing security and planning for the future through well-structured agreements
• Asset Division and Property Division: Dividing assets and determining asset distribution during divorce
• Protection Order: Used by the court to protect against domestic violence, harassment, stalking, or sexual assault
• Spousal Support, Spousal Maintenance, and Alimony: Money paid to maintain an ex-spouse’s standard of living post-marriage

Navigating the Judgment of Divorce in Shelby County Courts

Divorces in Memphis are carried out through the Shelby County Chancery Court and Circuit Courts and it is always helpful to understand the process before you arrive. The following are the procedural steps you can expect from the divorce process.

• Determine the Grounds for Divorce: Tennessee is a no-fault state, so you can pursue a no-fault divorce on the grounds of irreconcilable differences. If you are pursuing a fault-based divorce, however, you will need to demonstrate proof of grounds.
• Filing the Complaint: When you file the complaint for divorce, you are officially petitioning for a divorce action. If you and your spouse can agree on terms, the marital dissolution agreement is also filed at this time.
• Attend the Mandatory Seminar: After you file a complaint for divorce, you and your spouse are required to attend a mandatory parent educational seminar if you and your spouse have minor children together. It lasts four hours, and completing it will earn you a certificate of completion, which must be submitted to the court by both parties prior to finalizing the divorce.
• Waiting Period: There is a sixty-day minimum waiting period to get a divorce in Tennessee. If you and your spouse have minor children, that waiting period is extended to ninety days.
• Discovery: Can be filed any time after a Complaint is filed. This is a legal procedure in which each spouse has the right to gather information about the other regarding relevant matters like assets, debts, income, and more.
• Divorce Mediation: After discovery, contested divorces must go through mediation before trial. A neutral party mediates to see if terms can be met.
• Trial: If you and your spouse cannot come to an agreement, then you will proceed to trial. This involves presenting evidence to the court and having a judge determine the terms of the final divorce decree.

Understanding Alimony in TN and Protecting Your Assets

In a divorce, marital assets are ideally split equitably between both spouses. Determining what is equitable, however, can be difficult and could result in your spouse taking assets to which she would ideally not be entitled. Understanding how alimony works in Tennessee and some strategies for protecting your assets can help.

• Clearly Define Marital Property and Separate Property: The only kind of property typically distributable in a divorce is marital property or property that you and your spouse jointly own and acquired during the marriage. By distinguishing this between separate property, or property solely yours acquired before the marriage, you can protect your assets in many cases.
• Know Your Overall Net Worth: To properly form an asset protection strategy, you must calculate your assets’ total value. The court will evaluate the property and income of each spouse before and after the divorce, so knowing these figures beforehand puts you at an advantage when planning your strategy.
• Separate Assets: If you share any assets with your spouse that can be separated, it is useful to separate them. This can include bank accounts, personal property, and even debt. Just make sure there are records of your finances and transactions because the judge will certainly be able to find them.
• Consider the Taxes: Assets of equal value may not necessarily be taxed equally, so it’s important to remember how taxes apply. For example, you may be able to get $50,000 worth of access to a 401(k) account while your wife gets $50,000 from a bank account. While both of these are worth $50,000, money withdrawn from a 401(k) is taxed, while money withdrawn from a bank account is not.
• Hire an Attorney: Getting an attorney on your side can offer a significant advantage in any divorce case. At Cordell & Cordell, we have extensive experience representing clients in family law cases.

Why You Should Join a Divorce Support Group in Memphis

Divorce is a difficult time for everyone, even in situations where divorce is the best option moving forward. Joining a support group is a great way to cope with the process and take care of your own mental and emotional health as you navigate this stressful time. Check out our town hall and other resources below if you want judgment-free, non-religious support groups.

• eBooks
• Podcasts
• Virtual Town Halls

Take Control of Your Divorce with Cordell & Cordell

At Cordell & Cordell, our divorce attorneys with years of experience can help you navigate this stressful time and create a better future for you and your family. Get in touch with our team today by calling 866-323-7529 or by filling out our online contact form to schedule an initial consultation.