Cunningham, Mitchell & Rocconi

Types of Divorce and Separation

Divorce Lawyers in Clarksville

Cunningham, Mitchell & Rocconi is a divorce law firm in Clarksville that assists clients throughout Tennessee with divorce, separation, and related issues.

In an uncontested divorce, couples agree on all divorce terms.  This type of divorce is more uncommon than a contested divorce where at least one or more divorce terms are in dispute.  The issues that couples must resolve during divorce include:

Child custody and visitation  Equitable distribution of property 
 Child support  Spousal support (not in all cases)

When the court believes reconciliation is possible, it may order a couple to mediation and attempt to save their marriage.  Mediation is also used to resolve disputed divorce issues.  Negotiated settlements and collaborative law are other dispute resolution alternatives that can often avoid the high costs and prolonged process of litigation.

Clarksville divorce law firm

At Cunningham, Mitchell & Rocconi we have experience with mediation, collaborative law, and traditional litigation for divorce.

Collaborative lawyers in Clarksville - Fault and no-fault divorce

In Tennessee, couples may file for two types of divorce.

No-fault grounds

  • Irreconcilable differences with no denial of grounds by either spouse
  • No minor children in the marriage and no cohabitation for two years

Fault grounds 

  • Adultery
  • Conviction of an infamous crime 
  • Impotence
  • Refusal to move to Tennessee and two years absence from the TN residence 
  • Felony conviction and imprisonment
  • Cruel and inhuman treatment/unsafe and improper marital conduct 
  • Drug or alcohol addiction
  • Indignities making the spouse's life intolerable
     
  • Pregnancy by another prior to marriage without the husband's knowledge
  • Abandonment, neglect, or prohibited entry in the home without just cause
  • One year of willful desertion 
  • One spouse endangering the life of the other  
  • Bigamy 

 

Collaborative attorneys in Clarksville offer a non-adversarial type of resolution

Today, collaborative law and a divorce attorney in Clarksville is gaining popularity as a divorce approach that allows couples to cooperate, resolve issues, and settle by using their Clarksville collaborative attorneys along with a team of professionals, such as marriage consultants, counselors, or other specialists.

Legal separation in Tennessee

Couples can also legally separate, in which case they remain married but live apart.  The same terms can be reached for custody, support, and property distribution as in a divorce.  Religious practices or retaining benefits are often reasons for legal separation instead of divorce.

Discuss your options with a divorce lawyer in Clarksville.  Call 931-552-1480 or contact Cunningham, Mitchell & Rocconi online.


Areas of Practice

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