Going through a divorce is never easy. It’s more than just ending a marriage — it’s about reshaping your future, sorting out family dynamics, and making tough choices that affect your children, your finances, and your peace of mind. At the Law Offices of Amanda J. Gentry, we focus on giving clients in Nashville and across Tennessee straightforward advice, practical strategies, and strong representation in every stage of divorce.
Whether you’re dealing with child custody disputes, dividing property, or figuring out spousal support, our team is here to help you move forward with confidence.
Divorce in Tennessee: The Basics
In Tennessee, divorce is a legal process that settles issues like property division, child custody, child support, and alimony. The process starts when one spouse files a complaint with the court, and the other spouse is formally served with the divorce papers.
To file for divorce in Tennessee, at least one spouse must have lived in the state for six months before filing. There are exceptions for cases involving domestic violence, which allow an abused spouse to file right away. Tennessee law recognizes both no-fault divorce and fault-based divorce grounds:
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Irreconcilable differences (the most common no-fault ground)
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Living separately for two or more years
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Adultery
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Abandonment or desertion
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Felony conviction or imprisonment
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Cruelty or abuse
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Habitual drunkenness or drug use
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Impotency at the time of marriage
Choosing whether to pursue a fault or no-fault divorce can impact how property is divided, whether alimony is awarded, and the overall timeline of your case. A Nashville family law divorce attorney can walk you through your options and help you decide the best path forward.
Contested vs. Uncontested Divorce
The type of divorce shapes both the process and the role your legal team will play, significantly impacting the length and complexity of your case. In an uncontested divorce, both spouses agree on all major issues, allowing for a simpler, faster resolution. In contrast, contested divorces arise when there are disagreements on one or more key matters, requiring court involvement and often extending the timeline and costs.
What is an Uncontested Divorce?
An uncontested divorce happens when both spouses agree on all major issues, including custody, child support, property division, and alimony. Benefits of an uncontested divorce include:
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Faster resolution
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Lower legal costs
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Minimal court appearances
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Less emotional strain
In Tennessee, there’s a waiting period before an uncontested divorce can be finalized: 60 days if there are no minor children, or 90 days if children are involved.
What is a Contested Divorce?
A contested divorce takes place when spouses cannot agree on one or more important aspects of the divorce, such as property division, child custody, or spousal support. This disagreement requires resolution through negotiation, mediation, or court hearings, where a judge makes the final decisions.
- Disputes over one or more terms of divorce
- Longer duration and higher legal costs
- Multiple court appearances and possible trials
- Increased involvement of legal counsel to advocate for your interests
Contested divorces typically take much longer and are only finalized after a judge resolves all contested matters and issues the final decree.
Key Issues in a Nashville Divorce
Every divorce is different, but most involve resolving a few important matters:
Property and Asset Division
Tennessee follows the rule of equitable distribution. This doesn’t always mean a 50/50 split — instead, the court divides assets and debts in a way it considers fair. Marital property can include houses, vehicles, retirement accounts, and even business interests. Having a lawyer on your side helps ensure assets are properly identified and divided fairly in mediation.
Child Custody and Parenting Plans
Custody decisions can be the most emotional part of a divorce. Tennessee courts look at the best interests of the child when making custody rulings, weighing factors like stability, parental involvement, and each parent’s ability to meet the child’s needs.
Our office helps parents create detailed parenting plans that support the child’s wellbeing while protecting your parental rights.
Child Support
Tennessee uses income-based guidelines to determine child support. The goal is to make sure children’s financial needs are met by both parents. We help clients understand support calculations, enforce support orders, and seek modifications if circumstances change.
Spousal Support (Alimony)
Not every divorce involves alimony, but when it does, courts consider factors like the length of the marriage, each spouse’s financial situation, and their contributions during the marriage. Our firm advocates for fair and realistic spousal support outcomes, whether you are requesting or contesting alimony.
How Amanda J. Gentry Approaches Divorce Cases
The Law Offices of Amanda J. Gentry provides comprehensive legal support designed to address the unique circumstances of each divorce case. Beyond legal guidance, our team provides compassionate support, recognizing the emotional weight these cases carry, and strive to make the process as clear and manageable as possible.
Steps to Take Before Filing for Divorce
When considering divorce, there are several important steps you should take to protect your best interests, as well as the well-being of your family and your financial future. Preparing before filing can help make the process smoother and ensure that your rights are protected from the beginning.
Key steps to take before filing for divorce include:
- Evaluate your financial situation: Collect and review documents such as bank statements, tax returns, property deeds, and debt information to understand your assets and liabilities.
- Consider living arrangements: Decide where you and your children will live during the divorce process and understand the implications for custody and support.
- Understand residency requirements: Make sure you or your spouse fulfill Tennessee’s six-month residency requirement before filing to ensure the court has jurisdiction.
- Identify your goals and priorities: Determine what outcomes are most important to you, from custody arrangements to division of assets and support obligations.
- Seek legal counsel: Consult with an experienced family law attorney to discuss your situation, clarify your rights, and develop a plan tailored to your needs.
An attorney from the Law Offices of Amanda J. Gentry can guide you through these steps with practical advice and compassionate support.
Why Choose Our Nashville Divorce Team
Divorce is personal, and every case is unique. At the Law Offices of Amanda J. Gentry, we know clients want more than legal jargon — they want real answers and an attorney who will fight for them. Our team is committed to protecting your family, your finances, and your future. When you work with us, you can expect:
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Straightforward advice in plain language
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A strategy built around your goals
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Consistent communication so you’re never left wondering what’s next
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Strong advocacy in negotiations and in court
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A team that treats you with respect and compassion throughout the process
Divorce can feel like it’s pulling every part of your life apart, but having trusted legal guidance makes a meaningful difference. The Law Offices of Amanda J. Gentry understands the seriousness of these life changes.
Schedule Your Divorce Consultation
If you’re facing divorce in Nashville or anywhere in Tennessee, you don’t have to go through it alone. The right attorney can make a difficult process more manageable while protecting what matters most to you.
Contact the Law Offices of Amanda J. Gentry today to begin your new life.
Common Questions About Divorce in Nashville
Do I have to go to court for a divorce?
Not all divorces require a court appearance. In Tennessee, uncontested divorces where both spouses agree on all terms, such as property division, child custody, and support, may be finalized without going to court. However, contested divorces, where disputes exist, typically involve court hearings. An attorney can help determine if your case requires court involvement and guide you through any necessary proceedings.
Can custody arrangements be changed later?
Yes. Custody and parenting plans can be modified after a divorce if there is a significant change in circumstances, such as changes in a parent's living situation or the child's needs. Modifications usually require court approval. Having an attorney assist you can ensure that any changes are properly requested and supported by the best interests of the child.
How long does a divorce take in Tennessee?
The timeline for divorce varies depending on the complexity of the case. Tennessee requires a mandatory waiting period of 60 days if no minor children are involved, and 90 days if minor children are part of the case. Contested divorces generally take longer than uncontested ones due to negotiations and court hearings. Working with an attorney can help streamline the process and avoid delays.
How is marital property divided in a Tennessee divorce?
Marital property in Tennessee is divided through a process called equitable distribution, which means the court divides assets and debts fairly but not necessarily equally. The court considers factors like the length of the marriage, each spouse’s financial situation, contributions to the marriage, and future needs to determine a fair division.
What happens to debts in a divorce?
Debts acquired during the marriage are considered marital debts and are typically divided between both spouses during the divorce. An attorney can help identify which debts belong to each party and negotiate how they will be repaid or assigned as part of the divorce settlement.
Can I modify my divorce agreement after it’s finalized?
Yes, certain aspects of a divorce decree, such as child custody, support, and visitation arrangements, can be modified if there is a significant change in circumstances. A family law attorney can assist you in petitioning the court to modify these terms to better suit your current situation.
