Helping You Navigate Divorce
Divorce is never easy. At Capps & Byrd LLP, our attorneys are committed to helping you through your divorce with the care, attention to detail and personal service you deserve.
We represent clients in Morristown and throughout Tennessee with contested and uncontested divorce issues. We will help you navigate everything in your divorce, including settlement negotiations, alimony, property division and child support and custody issues if children are involved.
Our Approach
We will get to know you, learn about your situation and have a serious conversation about your marriage. We do not take divorce cases lightly. In fact, we will work with you to determine if you have done everything to save the marriage before we pursue divorce.
Once you have decided divorce is the next step, we will start evaluating all relevant documents to protect your interests during the divorce process. Documents we will want to review include:
- Pay stubs to determine income
- Bank statements, including checking, savings and credit card accounts
- Retirement accounts and investments
- Mortgage statements and other loans
- Property deeds
- Vehicle titles
Finding A Resolution Through Negotiation, Litigation Or Mediation
Our lawyers can negotiate, litigate and mediate all matters related to your divorce. You will work directly with one of our attorneys throughout your case. We know that every case is different, and not all cases require litigation. In fact, Chris Capps is a Rule 31 certified mediator by the Tennessee Supreme Court.
When a settlement cannot be reached, we will fight to protect you in court. Our litigation experience is built on our ability to diligently prepare and review your situation so we know what steps to take at every turn. Whether it is mediation or litigation at the local, state or federal level, we strive to find a cost-effective solution so you can focus on what matters: your future.
Do You Have Questions?
Here are four questions we often hear from clients during initial consultations:
How is property divided in a Tennessee divorce?
The law calls for marital property division based on the principle of equitable distribution, which means fairly, not necessarily equally. Marital property includes assets and debts acquired during the marriage, and each spouse’s contributions and economic circumstances are considered when dividing it. If you and your spouse can’t agree on dividing your property, the court will decide for you. We can help protect your rights and advocate for a fair division of assets.
How are child custody decisions made in a Tennessee divorce?
The courts typically choose joint custody over sole custody because family experts find it is best for the children when both parents are active in their lives. In a dispute, the courts weigh various factors, including each parent’s ability to provide for the child, the child’s relationship with each parent, and the child’s own wishes if they are of sufficient age and maturity. Custody can be joint or sole, with legal (decision-making) and physical custody arrangements. The aim is to ensure a stable, nurturing environment for the child, with ongoing parental involvement.
When is alimony or spousal support awarded in Tennessee?
In Tennessee, alimony, also known as spousal support, is awarded based on a spouse’s financial need and the other spouse’s ability to pay. Factors influencing the decision include the length of the marriage, each spouse’s earning capacity, age, physical condition, and the standard of living during the marriage. The goal is to help the economically disadvantaged spouse maintain a similar lifestyle post-divorce or become self-sufficient. Types of alimony vary from rehabilitative (short-term to get them on their feet) to long-term support. Child support is a different issue that uses a formula based on earnings.
How long will the divorce take?
The duration of the divorce process can vary greatly. Factors that can affect the timeline include the complexity of the divorce, whether it is contested or uncontested, and the specific procedures of the jurisdiction in which they are filing.
Still, have questions or concerns? Ready to take the next step?
Arrange A Consultation Today
Our goal is to find a tailored solution so you can start moving forward with the rest of your life. Divorce is not the end of your life – just a step in a different direction. Let us help you navigate this process so you can trust that everything is being handled as it should.
We offer a flat fee arrangement in some cases. Arrange a consultation to learn more about our divorce services. Call 423-616-1921 or fill out our online form. Hablamos español.