Divorce (Divorcio)

The following is intended to provide general information on the issues of divorce and custody in the State of Tennessee. We commit to every client the same level of care, compassion, attention to detail, accessibility, and sensitivity to privacy. We recognize that for most clients a successful outcome in a domestic dispute is a quiet settlement outside the public eye. Few things in life are tougher than a divorce. The office of Linda G. Welch & Associates understands the emotional toll a divorce takes, and we help clients make the best decisions to get through the difficult times.

"No Fault" or "Uncontested" Divorce: Tennessee permits a divorce on the grounds of irreconcilable differences if the parties can reach a written agreement on all issues, including custody, support, and division of assets and debts. If there is not a complete agreement then a divorce cannot be granted on a "no fault" basis. "No fault" divorces require a sixty-day waiting period if there are no children and a ninety-day waiting period if there are minor children.

Contested Divorce: If the parties cannot reach an agreement on all issues, the action must be filed on grounds of wrongdoing. There are many grounds, but the most inclusive and commonly used fault based on grounds is "inappropriate marital conduct."

Custody and Child Support: Custody of minor children is generally determined on the "best interest of the child” and who has been the primary care provider for the child. Child support is based on guidelines set by the state, not by what a parent does or does not want to pay. Typically child support is now based on a model which takes into account the income of both parents.

Spousal Support: Spousal support, often called alimony, is not intended as a reward or punishment but is based on the need of one spouse and the ability of the other to pay. In most cases, the court does not favor long-term support, but rather rehabilitative help until the spouse becomes self sufficient.

Division of Assets and Debts: Division of assets and debts varies according to the circumstances of the case. Cost of Divorce: This is one of the most asked questions, and one of the most difficult for an attorney to answer. There are so many factors in a divorce action that are unpredictable and over which the attorney has little control. If the parties can come to an agreement, the costs for obtaining the divorce are significantly less expensive. If there is no agreement the divorce becomes contested which will cost significantly more.

Mediation: Mediation is a process in which the parties work with a mediator who does not take sides but works with both husband and wife in order to reach an agreement. Mediation is often ordered through the court. Mediation has a high success rate and is a way for the parties to avoid the emotional and economic costs of a contested divorce.

Linda G. Welch & Associates requires a retainer (down payment), the amount of which depends on the complexity of the case. The retainer is required at the time the attorney is hired and a contract is signed. The retainer is put in a trust account and is drawn against each month for time and expenses incurred with the case. You will receive a bill each month showing charges for that month and the balance of your retainer. We do accept MasterCard, Visa, and Discover Card.
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