Divorce Costs

If you are considering a divorce in Tennessee, you probably wonder on how much it might cost. have questions about the division of marital assets, the negotiation of the settlement and how it will affect the outcome of your case. In this article, we will provide some general information on this topic, but you should always consult with a qualified attorney for specific advice on your situation.

The cost of a divorce in Tennessee
- a general overview.

Tennessee costs can vary greatly, depending on several factors, such as the type of divorce, the grounds for divorce, the division of assets and debts, the custody and support of children, and the fees of attorneys and other professionals. In this article, we will provide an overview of some of these factors and how they can affect the total cost of a divorce in Tennessee.

Type of divorce:

There are two main types of divorce in Tennessee: uncontested and contested. An uncontested divorce is when both spouses agree on all the terms of the divorce, such as property division, alimony, child custody and support, and waive their right to a trial. An uncontested divorce is usually faster and cheaper than a contested divorce, as it does not require court hearings, discovery, or mediation. Surveys have revealed that the average cost of an uncontested divorce in Tennessee with no children and very modest asset levels has been running about $1,500 to $2,000, which includes filing fees, court costs and attorney fees.

A contested divorce is when the spouses disagree on one or more issues of the divorce and need the court to decide for them. A contested divorce can involve multiple court hearings, discovery (the exchange of information and evidence between the parties), mediation (a process where a neutral third party helps the spouses reach an agreement), and trial (where a judge or jury decides the outcome of the dispute). Surveys have also revealed that the average cost of a contested divorce in Tennessee is about $10,000 to $15,000, but it can go much higher depending on the complexity and duration of the case.

Grounds for divorce:

Tennessee recognizes both fault and no-fault grounds for divorce. Fault grounds are reasons for divorce that involve misconduct by one spouse, such as adultery, cruelty, desertion, habitual drunkenness or drug abuse, impotence, bigamy, or conviction of a felony. No-fault grounds are reasons for divorce that do not involve fault by either spouse, such as irreconcilable differences or living apart for two years with no minor children.

The choice of grounds for divorce can affect the cost of a divorce in Tennessee in several ways. First, fault grounds may require more evidence and proof than no-fault grounds, which can increase the time and expense of discovery and litigation. Second, fault grounds may influence the court's decision on other issues of the divorce, such as alimony, property division, and custody. For example, a spouse who committed adultery may be awarded less alimony or a smaller share of marital property than a spouse who did not. Third, fault grounds may affect the emotional and psychological aspects of the divorce process, which can make it more difficult to reach an amicable settlement or resolution.

Division of assets and debts:

Tennessee is an equitable distribution state, which means that the court will divide the marital property and debts between the spouses in a fair and equitable manner. Marital property is any property that was acquired by either spouse during the marriage, regardless of whose name it is in. Marital property can include real estate, vehicles, bank accounts, retirement accounts, businesses, furniture, jewelry, etc. Separate property is any property that was owned by either spouse before the marriage or acquired by gift or inheritance during the marriage. Separate property is not subject to division by the court.

The cost of dividing assets and debts in a divorce in Tennessee can depend on several factors, such as:

- The value and complexity of the marital estate. The more assets and debts there are to divide, the more time and money it may take to appraise them and negotiate a fair distribution.

- The level of agreement or disagreement between the spouses. The more disputes there are over what constitutes marital or separate property or how to divide them, the more likely it is that the court will have to intervene and decide for them.

- The need for experts or professionals. Sometimes it may be necessary to hire experts or professionals to assist with valuing or dividing certain assets or debts, such as appraisers, accountants, financial planners, business evaluators, etc. These experts or professionals may charge fees for their services that add to the cost of the divorce.

Size of the family:

In Tennessee a couple with no children can almost always save money compared to a couple with children. The courts will always pay special attention to the support levels agreed to by the parties. This requires much more financial disclosure and analysis. Also parenting classes must be attended and a schedule that allow the parents to share time with the child or children must be formalized. All this takes more time, that means more expense.

-- Custody and support of children: If there are minor children involved in a divorce in Tennessee, the court will have to decide on two main issues: custody and support.

--Custody refers to who has the legal right and responsibility to make decisions for the child's welfare and upbringing, such as education, health care, religion, etc.

--Support refers to who has the obligation to provide financial assistance for the child's basic needs and expenses.

Summary:

In Tennessee the cost of various divorces is stated above. Whether the cost of any particular divorce falls in the upper or lower end of this range depends upon:

-- Marital asset size: more and larger value assets simply take more time for cataloging, appraising and analyzing.

-- Family size: courts will take special care to insure the needs of any children in the family are met. This takes more time to analyze and investigate the situation, plus mandatory training sessions for parents.

-- Size of the contest: if assets and family as per above are involved, the size of any contest generally escalates. In our experience the number of truly non-contested divorces is very, very small. If you think you are a member of that group, investigate the DIY divorce in Tennessee page linked below, but please remember: - you must have almost no assets - you must have no children, and you will still be subject to court costs and fees.

Marital asset division is a complicated and important aspect of divorce that can have lasting effects on the financial well-being of both spouses. Therefore, it is advisable to consult with an experienced family law attorney who can help protect your rights and interests in this process. At Burdette Law we put the knowledge of an Attorney, a CPA, and an MBA at your disposal.

Divorce and related family law is a complex topic. So we made a number of informational pages designed to help you and answer your questions as you move through the divorce process: