Divorce Roadmap

At Causey & Caywood, we have a solid family law practice with a primary focus on divorce and post-divorce issues. We feel strongly that our role is to vigorously represent our clients to get them the best possible divorce settlement under Tennessee law. We understand that divorce is a traumatic experience. Our role is to fight for your interests so you get the best possible outcome.

Many people today prefer to do things for themselves, but in a divorce case, this could be terribly counter-productive. We would like to offer this divorce roadmap to clarify the steps involved in the divorce process.

The Complaint

In the state of Tennessee, married people must provide grounds for divorce. The grounds for divorce are stated in detail in Tennessee Code Annotated § 36-4-101. The most common grounds stated in a divorce complaint are "Irreconcilable Differences" and "Inappropriate Marital Conduct." Under the statute Inappropriate Marital Conduct is actually defined as "Cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper." Many divorces are granted on these grounds as it is a relatively subjective measure.

The Discovery Process

In order to split up the assets and debts bound up in a marriage equitably, your lawyer will first need to know what those assets and debts are. The investigation of your and your spouse's employment history, tax returns, bank accounts, real estate, antiques, inheritances, health histories, and monthly expenses is required in order to make a reasonable assessment of the situation. Tennessee is an equitable distribution state, not a community property state. This means that assets acquired during the marriage are subject to equitable distribution. There are exceptions to this rule if the assets were owned prior to the marriage, or if they were inherited or gifted from third parties.

The deposition is the next phase of the discovery process. Generally attorneys for both parties will convene a deposition to uncover additional evidence or to answer questions regarding documents that have already been produced.

The parties may attempt to reach a settlement based on the full disclosure to each other of all relevant information. The settlement process can be initiated voluntarily or facilitated by the parties' lawyers or a neutral third party, such as a mediator.

Tennessee has recently implemented a law which requires divorcing parties to attend mediation within six months of filing for divorce.

If a settlement is reached, the agreement encompassing the terms of the settlement is submitted to the court.

If the judge approves the agreement, he or she issues a divorce decree that includes the terms to which the parties agreed.

If no agreement is reached, the case will go to trial. At trial the attorneys present the evidence and arguments for both sides, and the judge decides the unresolved issues, including child custody and parenting time, child and spousal support, and property division.

Either or both parties can appeal the judge's decision to a higher court.

Most of our cases are resolved by mediation or through settlement negotiations thereby avoiding a costly and emotionally draining trial. However, when the two parties cannot agree, we are aggressive advocates for our clients' interests.

The entire process can take from as little as a few months to as long as several years. The main determinant of how smoothly the process will go is the level of cooperation between the parties and their willingness to compromise.