Brentwood TN Divorce Attorney
Guiding Middle Tennessee clients through the divorce process
Divorces are always rough. They’re an admission that your marriage didn’t work. Most people who divorce are anxious, upset, angry, and scared. The whole process of filing for divorce and contesting the division of marital assets, child custody, and other divorce issues can be traumatic. The stresses and concerns can escalate if your spouse refuses to even speak to you or if you have valuable assets. We help spouses obtain the financial and emotional confidence they need to move forward.
At the Law Offices of Adrian H. Altshuler & Associates, our Brentwood divorce lawyer understands the unique challenges of protecting your rights and supporting your children at your most vulnerable time. We’ll answer all your divorce-related questions and guide you calmly, clearly, and step-by-step through the divorce process. In our experience, many divorce cases do settle through negotiation, mediation, or the collaborative divorce process. When necessary, we are ready to persuasively argue your divorce rights in court.
How can we help?
- Are you ready for a divorce?
- How does an uncontested divorce differ from a contested divorce in Brentwood?
- What are the grounds for divorce in Brentwood?
- How long can I expect my divorce to take?
- How do you help spouses obtain their rightful share of marital property and spousal support?
- Do you handle complex divorces?
- Are there ways to resolve my divorce issues other than a court hearing?
- Do you have a divorce lawyer near me?
Are you ready for a divorce?
This is a more difficult question than you might think. It’s also the reason why Tennessee requires all couples with minor children to undergo mandatory divorce mediation before they decide; sometimes, issues can be worked out and the marriage will remain intact. A judge may also mandate mediation for two people without children if the judge thinks mediation will help.
You may also decide that rather than get divorced, a separation will work better for you. Separation addresses many of the same concerns as divorce does – child custody and access, alimony, property division – but you remain legally married.
If a divorce is, indeed, the best option for you, then our family law attorney will explain how to proceed.
How does an uncontested divorce differ from a contested divorce in Brentwood?
Divorces can be either uncontested or contested.
An uncontested divorce in Tennessee generally means that both spouses agree to be divorced and have agreed to the divorce-related issues such as property division, spousal support, child custody, and child support. The person seeking the divorce does testify in court (don’t worry, we’ll explain what to expect) but your spouse does not need to testify. Witnesses will testify on your behalf. Thirty days after the final decree is entered, your marriage should be dissolved and the orders resolving the related divorce issues should become final too.
A contested divorce means that you and your spouse disagree on at least one divorce issue such as the grounds for divorce, the handling of the assets and financial support, or the issues needed to protect your children such as custody, visitation, and child support.
What are the grounds for divorce in Brentwood?
Tennessee recognizes these grounds for contested divorce:
- Attempted murder of your spouse
- Behaving so horribly that your spouse needs to leave you – or vice versa
- Carrying the child of another man
- Criminal conviction leading to infamy
- Excessive cruelty
- A felony conviction that results in jail time
- Habitual drunkenness or drug use
There are two grounds for an uncontested divorce in Brentwood
- Irreconcilable differences between the parties; and
- Since 1985, the spouses have lived in separate residences for a continuous period of two (2) years, have not cohabited as man and wife during that time, and the spouses have no minor children
How long can I expect my divorce to take?
There are specific time requirements for being eligible to file for a divorce. Either you or your spouse must have lived in Tennessee for at least six months prior to the filing date. The six-month residency requirement may be waived if there is evidence of domestic violence or another emergency situation.
If you and your spouse have reached an agreement about the divorce issues, then the divorce could become official in as little as 60 days from the date the resolution is filed if there are no minor children and 90 days if there are minor children.
Contested divorces often take much more time, especially if they have to be litigated before a judge – possibly up to a year and a half.
How do you help spouses obtain their rightful share of marital property and spousal support?
Relax. Take a deep breath. We’ve helped many spouses obtain the financial security they deserve during and after the divorce is filed. We work with you, financial professionals, real estate brokers, and others to identify each and every asset or yours and your spouse’s that you have a right to claim. We meticulously analyze the factors that help spouses achieve strong property division awards, spousal support decisions, and other financial concerns such as business interests, insurance, and retirement benefits.
Our lawyers skillfully advocate for your financial divorce results, including:
- Division of property. Tennessee considers specific factors such as the type of assets, the value of the assets, the marital debts. the age and health of the spouses, the ability of each spouse to earn a living, any current family law obligations, and other factors. We help you keep the assets you want most – often, by waiving your rights in the assets you least desire or working out payment arrangements.
- Business interests. If you or your spouse developed a business that provides an income or has a business interest, we work to properly value the business. Our Brentwood divorce lawyer then helps determine and negotiate whether you or your spouse can keep the business or if the business should be sold and the proceeds divided.
- Retirement accounts. Our Brentwood divorce lawyer will explain when and how you or your spouse can claim an interest in any retirement accounts such as pensions, 401k accounts, or IRAs. We help negotiate qualified domestic relations orders (QDROs) that ensures that when access to the retirement account vests, you can safely claim your rightful share.
- Spousal support/alimony. Often, one spouse isn’t able to financially support themselves without assistance from a spouse who is the primary wage earner. We explain when a spouse is entitled to rehabilitative support, regular support payments, or other types of alimony – and when the duty to pay alimony ends.
- Pre/post-nuptial agreements. Our Brentwood divorce lawyer does prepare prenuptial and post-nuptial contracts that set forth how marital assets will be divided if the spouses divorce and what amount of alimony/spousal support may be due. We also contest these agreements if justified.
Do you handle complex divorces?
While many divorces are not complex, especially if there are no children and no marital home, most divorces require a seasoned Brentwood divorce lawyer who understands complex issues and angry spouses. At the Law Offices of Adrian H. Altshuler & Associates, we handle complex divorces including:
- High-asset divorces. These cases normally involve several of the following – a marital home, a business or an interest in a business, retirement accounts, intellectual property, and assets in other states or countries – among other items of value. We work with professionals when necessary to properly determine their value, tax issues, and other financial concerns.
- High-conflict cases. Sometimes your spouse hasn’t come to terms with the marriage being over. Some spouses try to use their financial advantage to force you to accept a bad deal. Our Brentwood family lawyer is ready for these clients who think they can bend the divorce process to their favor – they can’t. We recognize these conflicts early on and have strategies to address these conflicts.
Are there ways to resolve my divorce issues other than a court hearing?
Many divorce disputes are resolved between the spouses and their lawyers through back-and-forth negotiations. In many divorces, outside help is necessary to help forge a settlement. There are two types of outside help that are used to resolve divorce differences – the collaborative divorce process and mediation.
Both of these methods are usually less expensive and take less time than court hearings. In both methods, the spouse’s lawyers advocate for their clients. If a settlement is reached, the agreement is written and submitted to the court. If there are unresolved issues, the family court judge hears the remaining disputes.
In a collaborative divorce, the spouses and lawyers work with various professionals such as financial experts, child psychologists, and others to help resolve the disputes.
In the mediation of a divorce, a neutral mediator (a family law professional) who is skilled at helping spouses reach agreements works with both sides to settle the property division, child custody, child support, and alimony/spousal support issues. The mediator cannot decide the disputes.
Do you have a divorce lawyer near me?
Our Brentwood divorce law office is located at 1616 Westgate Cir #363 in Brentwood.
We’ll answer all your questions, explain your rights, and fight to obtain just financial settlements and fair custody agreements that last during your son or daughter’s childhood.
Speak with an experienced Brentwood divorce lawyer now
In most divorces, it’s the attention to detail that matters. We review your spouses’ financial records including tax returns. We analyze each factor that strengthens your child custody, asset division, spousal support, and child support claims. For 30 years, the Law Offices of Adrian H. Altshuler & Associates has helped spouses going through a divorce or separation move forward with the confidence and financial security they need. We’re ready to help you resolve your divorce issues. Call us today or fill out our contact form to schedule your consultation.