Family Law Attorneys in Grainger County

family law
family law

Sometimes, the life we picture is not the one we lead. Although partners may try to make things work, people change and relationships can end. Divorce and family issues can be emotional and confusing. With the help of Evan M. Newman, an experienced Grainger County family lawyer at Daniel, Daniel, & Newman, you can find the strength and legal advice to come out the other side, ready to rebuild your life.

For over 80 years, Grainger County and Eastern Tennessee residents have relied on the Daniel name to help them through life’s most challenging moments with grace and sensitivity. Evan is committed to providing the exact high-quality family law representation on which his great-uncle Creed Daniel and his son, the late Dirk Daniel, built their reputations.

We run a Christ-centered business and understand the family values, culture, and ideals Granger Country families celebrate. With a high client satisfaction rating, our team constantly strives to meet people where they are when they need our help.

If you have family issues you need to resolve, contact our office today to schedule a free, confidential consultation.

Why You Need an Attorney for Your Grainger County Family Law Case

While it is possible to file for divorce without a lawyer, there are filing requirements and procedures with which the average citizen isn’t familiar. You must obey the court’s specific rules, as well. Hiring a lawyer allows you to leave all the legal details in someone else’s hands while you focus on putting your life back in order.

Additionally, because Daniel, Daniel, & Newman has been practicing in Grainger County for more than 80 years, we know the courts, their personnel, and their procedures. Count on us to use our skills to help you achieve the results you desire in your family law case.

What Are the More Common Family Law Matters?

Our firm will be happy to help you with any of the following types of cases:

  • Contested Divorce
  • Noncontested Divorce
  • Child Custody
  • Child Support
  • Parental Relocation
  • Guardianship Litigation
  • Spousal Support
  • Prenuptial and Postnuptial Agreements
  • Asset Division
  • Domestic Violence
  • Annulment

Even if you don’t see the case you’re involved in on this list, call us to discuss how we may help.

What Are the Steps for Filing for Divorce in Tennessee?

To divorce in Tennessee, you must meet the state’s residency requirements to qualify to file for divorce. You or your spouse must have lived in Tennessee when the events that led to the divorce occurred. It is possible to file for a divorce based on irreconcilable differences in Tennessee. However, if you file a fault-based divorce, the wrongdoing must have occurred in Tennessee, or you or your spouse must have lived in the state for at least six months before filing.

Once you determine whether you meet eligibility guidelines and establish whether you are pursuing a no-fault or a fault-based divorce, you can officially start the divorce process:

  • File Your Paperwork – Complete the necessary paperwork and submit your divorce petition. When filing your complaint with the court, you must pay the required filing fee.
  • Serve the Other Party – Someone, like a process server, must officially serve your spouse the court papers to your spouse. The spouse has 30 days to submit their response.
  • Negotiate Terms – If your spouse agrees with the divorce terms, you can file an uncontested divorce, agreeing to dissolve the marriage. If there’s no agreement, you can proceed with a contested divorce and prepare for court.
  • Prepare for Trial – This phase can include discovery and further negotiations to try and get you and your partner on the same page. Sometimes, alternative dispute resolution methods can help a couple avoid trial. If necessary, your family lawyer in Grainger County will prepare you for what will come next.
  • Trial – If your family law case goes to court, a judge will evaluate the situation and hear both sides before determining how your property will be divided, who will pay child support or alimony and how much, and child custody arrangements based on Tennessee law.

What Should I Consider in Divorce?

As you move toward divorce, you should consider several things that can affect your situation, such as:

  • Your financial position
  • Your goals for the property division
  • Your goals for child custody and visitation
  • How divorce affects you or your children emotionally
  • Whether alternative dispute resolution methods can help you avoid trial
  • Whether you or your children are in danger
  • Tax implications

It helps to list things that matter to you. These are the things that you should consider and bring up to your lawyer when you are considering divorce or a family law claim.

Do I Need a Lawyer to Get a Divorce?

Yes. You benefit from having a seasoned Tennessee family law attorney on your side, no matter the situation. Many people worry that hiring a divorce attorney will be too expensive. However, you stand to lose more without legal representation than you conserve by not seeking skilled legal guidance. A family law attorney does more than provide personalized legal advice. They can offer emotional support and point you toward resources to help you and your family during this challenging time.

Your family law attorney will advocate for you and ensure the process is fair. They will file paperwork, manage legal deadlines, and address any complications that arise so the process moves smoothly and you can start to rebuild your life.

If I Am Getting Divorced, Will My Spouse and I Each Need to Pay for an Attorney?

Even when you and your spouse agree on the divorce terms, it is best for all involved to retain separate legal representation during the divorce process.

Some people worry that they do not have enough money to cover the cost of a family law attorney. While each spouse is responsible for their legal fees, when there is a financial disparity between spouses or economic hardship, sometimes a spouse may use marital assets to pay legal fees, or the court can order your spouse to pay the attorney fees.

If you are concerned about the cost of hiring an attorney, talk to Evan, a compassionate family law lawyer who can explain your financial options.

How Long Does a Divorce in Tennessee Take to Complete?

Depending on whether children are involved, an uncontested divorce can take as little as a few months to complete. Tennessee imposes a mandatory waiting period of 60 days when no child is involved and 90 days when a child is involved. A straightforward, uncontested divorce can take approximately two to six months.

The timeframe changes when spouses cannot agree on divorce terms and need court intervention for a contested divorce. Depending on the situation, a contested divorce in Tennessee can take one year or longer. Divorces that include child custody disputes, high-value assets, and complications can take longer to resolve.

How Is Alimony Determined?

The question of alimony can be complicated. Tennessee allows a judge to award four types of spousal support:

  • Alimony in Futuro – This spousal support is long-term and sometimes permanent. A judge awards alimony in futuro when one spouse cannot earn enough to become self-sufficient.
  • Alimony in Solido – Also called lump-sum alimony, this option is a form of long-term spousal support. A judge can determine a fair total amount of support, and the opposing spouse pays that amount in installments over a specific timeframe.
  • Rehabilitative alimony – Rehabilitative alimony supports a spouse as they work toward achieving opportunities to increase their earning capacity, such as attending school, job training, or obtaining a certification.
  • Transitional alimony – This form of alimony helps a spouse by providing financial support while transitioning to a new post-divorce standard of living. It does not require additional training to achieve financial independence, as in cases where rehabilitative alimony is needed.

When ruling on alimony, a judge reviews each spouse’s earning capacity, education and training, length of the marriage, and child custody arrangements, among other things.

How Is Child Custody Determined?

Like other states, Tennessee follows the “child’s best interest” standard when determining child custody cases. This means a judge evaluates what arrangement best meets the child’s physical and emotional needs, allowing them to thrive in their new family environment.

Factors the court can consider in child custody cases can include the following:

  • Each parent’s relationship to the child
  • Each parent’s caregiving abilities and responsibilities
  • Each parent’s ability to provide for the needs of the child
  • The moral, physical, mental, and emotional fitness of each parent
  • The child’s relationship with other family members and siblings
  • Each parent’s employment situation and schedule
  • Reasonable preference of the child if they are at least 12 or older
  • History of domestic violence, abuse, or neglect

Additionally, the court has the discretion to consider any other relevant factor to the case.

Evan Newman and Kathy Graves

Contact a Grainger County Family Law Attorney

Heading to family court can be overwhelming. At Daniel, Daniel, & Newman, we help you manage the legal challenges of family law issues like divorce, child custody, and paternity questions.

As a seasoned Grainger County family attorney, Evan Newman can provide compassionate and personalized legal advice. This will give you time to evaluate your options, find resolutions that meet your needs, and address your concerns. Contact us today to set up a free consultation.