Franklin Family Attorney
The Franklin family law practice at Fort, Holloway, & Rogers encompasses divorce and related matters in Williamson County, including child custody, child support, alimony and property division. We draft prenuptial agreements for parties entering marriage and handle post-divorce requests for modifications, relocations and enforcement of court orders. Our lawyers are skilled in family mediation as well as trials and appeals, with particular expertise in high-asset divorce cases.
Below we address some of the common questions related to family law and divorce in Tennessee. Feel free to call our Franklin family attorneys for a consultation if you have other questions or wish to move forward with a divorce or other family law matter.
- Alimony
- Child Custody
- Child Support
- Divorce
- Divorce Enforcement
- Family Appeals
- Family Law Mediation
- Family Relocation
- High-Asset Divorce
- Property Division
- Paternity
- Prenuptial Agreements
- Post-Divorce Modifications
Are There Alternatives to Divorce?
Sometimes one or both spouses know the marriage isn’t working, but they feel the need to stay together because their religion disapproves of or disallows divorce. Others believe the economic benefits of staying married (health insurance, single household, tax filing) outweigh the benefits of divorce. Still others hold out the hope for reconciliation and do not want to take the final step of ending a marriage that might yet be saved.
Couples in any of the above situations can obtain a decree of legal separation or separate maintenance that allows them to live apart while remaining legally married. The parties can draw up a separation agreement, and the court can make enforceable orders regarding child custody and visitation, child support, spousal support and property issues. Having these matters addressed by the court enables the couple to live apart for as long as necessary without dissolving the bonds of matrimony. After two years of living apart, a legal separation can be converted to an absolute divorce if the parties so desire.
A claim for legal separation or separate maintenance can be contested and decided in a hearing. In some cases, the judge has discretion whether to grant a divorce or legal separation when the parties are asking for different things. The family law attorneys at Fort, Holloway, & Rogers can represent you in negotiations or litigation and make sure your rights and interests are protected in any type of proceeding.
Is Annulment an Option?
Tennessee law does recognize annulment, but only in limited circumstances. Instead of dissolving a legal marriage as divorce does, an annulment is an official declaration that a marriage was never valid or legal to begin with. Annulment is therefore only available in situations that would render the marriage voidable or void. These reasons include:
- One of the parties was still legally married to another person at the time of the marriage
- The parties are too closely related to one another to legally marry under Tennessee law
- One (or both) of the spouses was under the legal age to marry in Tennessee
- One of the parties is impotent or infertile, which the other party did not know at the time of the marriage
- One of the parties refuses to have sexual relations or live with the other party
- A party was tricked or defrauded into marriage
- A party was coerced into marriage under duress
- A spouse was insane or lacked the mental capacity to understand the nature of marriage at the time
In some cases, parties to a voidable marriage might give up the right to seek an annulment if they continue to stay married after learning of the disabling condition. It is important to seek an annulment as soon as possible if you believe an annulment is in your best interest. Issues such as the division of property, payment of alimony, child custody and child support can all be decided by the judge when granting the annulment.
How Can a Non-Working Spouse Afford to Get Divorced?
In many relationships, one partner earns the income while the other manages the household or raises the children. Non-working spouses often feel they are in a precarious economic position and may be trapped in a marriage that isn’t working out for them. It’s important to know that marital funds can be used to pay your attorney’s fees, and you are entitled to spend these marital funds regardless of whether you specifically earned them or not. Our Franklin family attorneys can make sure the judge enters temporary orders as soon as the divorce is filed so you can receive support while the divorce is pending. Other matters, such as the property division and alimony, can help ensure you are adequately supported as you transition to single life. You needn’t let the issue of paying for a divorce stop you from getting out of an unhappy marriage.
Help With All Your Franklin Family Law Needs
For help with divorce, paternity or any family law matter in Williamson County, call on Fort, Holloway, & Rogers in Franklin to address your needs with honesty, integrity, skill and dedication. Call 615-791-7575 or contact us online to schedule a consultation.
