Sevierville Divorce Lawyer

Divorce Overview

In many cases, divorce signifies more than just the end of a relationship.  When a couple decides to end their marriage, concerns about child custody, property division, and child and spousal support can create hostility between spouses.  Parties to a divorce can often benefit from the guidance and assistance of experienced lawyers who can help them navigate these and the many additional complex issues that become points of contention during a divorce.  At Baker Associates, our experienced divorce attorneys provide the exceptional representation individuals need to protect their legal rights and financial interests.

Grounds for Divorce

State law permits couples to seek a divorce on several possible grounds.  In a no-fault divorce, spouses agree that there are irreconcilable differences that exist that prevent the marriage from continuing.  Alternately, a fault divorce involves claims made by one spouse against the other to justify the dissolution.  The fault-based grounds for divorce include:

Contested and Uncontested Divorce

In both a fault and no-fault divorce, the terms and conditions of the dissolution can be unanimously agreed upon by both parties.  Or those same terms – and even the divorce, itself – may be challenged.

In an uncontested divorce, couples must prepare a written marital dissolution agreement that sets forth adequate provisions for the custody and support of minor children, when applicable, and establishes a fair and equitable division of marital property and assets.

In a contested divorce, where couples are unable to agree on a particular issue such as property division or custody and support arrangements, the court must intervene to settle the disagreement.

The top family law attorneys at our firm can advise you as to whether you have legitimate grounds for divorce and help you prove your case to the court.

Property Division

Except for that property belonging to a spouse prior to the marriage, or received as a gift or as part of an inheritance during the marriage, couples will need to divide marital property at the time of divorce.  If spouses can agree on an equitable division of property and assets, the court will most likely approve the division.  However, if an agreement cannot be reached, the court will intervene and divide the property according to Tennessee statutes governing property division, taking a number of factors into consideration to ensure the most equitable division of marital property.  These factors include:

Debts

A couple's accumulated debts will also have to be divided as part of the divorce settlement.  Again, if spouses cannot agree on an equitable division of the collective debt, the court will step in and assign debt obligations to each spouse according to such factors as:

Keep in mind, though one spouse may be responsible for a debt that is in both parties' names, in the event of non-payment, the other spouse can be held liable for the unpaid debt.

Child Custody and Support

For couples with dependent children, determining custody and support arrangements can be the most contentious aspect of a divorce.  It is important to have an experienced attorney who can help you reach the most favorable arrangement.  In Tennessee, the primary factor the court takes into consideration when awarding child custody and support is the best interests of the child.  The courts favor joint custody, but when such an arrangement does not serve the best interest of the child, judges are prepared to award custody to the parent that demonstrates his or her commitment to their children.  The Knoxville child custody attorneys at the firm of Baker Associates have years of experience handling child custody and support disputes.  If you are involved in a custody battle or support dispute, we can ensure that your rights are protected, and we will fight to see that you receive a fair and favorable arrangement.    

Spousal Support

Spousal support, or alimony, is intended to be temporary and rehabilitative, providing an economically disadvantaged spouse with the means to improve his or her situation relative to the other spouse.  When determining the amount of support to be awarded, the court will consider:

The divorce lawyers at Baker Associates can help you arrive at the support arrangement that best serves your needs. 

Though a legal separation establishes an end to the relationship, it does not sever the legal marriage bonds; couples are still married but live separately.  As in a divorce, couples must divide their property and settle on arrangements for custody of dependent children.  In many cases, couples that choose legal separation end up divorcing and paying for two lawsuits instead of one.  Consult with one of the divorce attorneys at Baker Associates in Knoxville and Sevierville, Tennessee to find out whether a legal separation is right for you.  

Annulment

When the court grants an annulment, it is as if the marriage never took place.  Annulments are rare and may be obtained only in limited circumstances, such as when a marriage is illegal or has occurred through fraud or force.  With an annulment, spousal support is not available, and all rights to property are returned to the spouse who owned them originally.  Because the laws governing annulments can be complex, you need an experienced attorney who will help guide you through the process and ensure that your rights are protected.

Contact Our Dedicated Divorce Attorneys

At Baker Associates, our attorneys understand that the divorce process can be one of the most challenging and stressful events in an individual's life.  We are committed to providing the unparalleled service and representation our clients need to reach the settlements that are so crucial to their survival and peace of mind.  If you are considering a divorce, contact our office to schedule a consultation with one of our attorneys.

Back to top






Anti-spam question:


To view this, you need to install the Flash Player 9. Please go to here and download it.

Launch Video Website

Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

TN Divorce Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a lawyer at our law firm. This web site is not intended to solicit clients for matters outside of the State.


Copyright © 2017 Baker & Associates - Serving Tennessee, including Sevierville, and Knoxville.