LGBTQ Divorces in Tennessee
Tennessee law recognizes same-sex marriages, and LGBTQ couples seeking a divorce follow the same process as any other couple. However, LGBTQ divorces can involve complex legal issues, such as parental rights, property division, and spousal support.
At Haines Family Law, we are well-versed in these issues and committed to providing tailored legal representation to meet the needs of our LGBTQ clients.
Residency Requirements for LGBTQ Divorce
Before filing for divorce in Tennessee, you or your spouse must meet the state’s residency requirement. At least one spouse must have lived in Tennessee for at least six months before filing. If you meet this requirement, you can file your divorce petition in the appropriate county, including Knox County.
Grounds for Divorce in LGBTQ Cases
Tennessee allows both no-fault and fault-based divorces. A no-fault divorce is based on irreconcilable differences, meaning neither party must prove wrongdoing. This is often the easiest and least contentious route for LGBTQ couples.
While fault-based divorces can be more complex, they may impact alimony or property division decisions. If you believe filing for a fault-based divorce could benefit your case, our Knoxville LGBTQ divorce attorneys can help.
Custody & Parental Rights in LGBTQ Divorce
Child custody can be a particularly sensitive issue for LGBTQ couples, especially if both parents are not legally recognized as the child’s parent. Laws concerning rights afforded to parties invovledin surrogacy, adoption, IVF, and artificial insemination can affect LGBTQ couples and each of those areas is unique and complex.
In Tennessee, child custody decisions are based on the child’s best interests. Still, legal recognition of parental rights can become complicated if only one spouse is the biological or adoptive parent.
Dividing Property in LGBTQ Divorce
Tennessee follows an equitable distribution system, meaning marital property is divided fairly—but not always equally—between spouses. In LGBTQ divorces, dividing assets may become complicated, particularly if the couple was together before the Supreme Court legalized same-sex marriage in 2015.
Spousal Support in LGBTQ Divorce
Alimony is another consideration in many LGBTQ divorces. Tennessee courts may award alimony based on several factors, including each spouse’s financial needs, earning potential, and contributions to the marriage. Whether you are seeking alimony or facing a spousal support request, our team will work diligently to protect your financial future.
Why Work with Haines Family Law
Led by John Haines, an experienced attorney with a military background, Haines Family Law combines professionalism, strategic thinking, and a strong work ethic in every case. John is committed to offering clear, practical legal advice while prioritizing your goals and your family’s future. With transparent fees, personalized strategies, and a compassionate approach, John ensures you have the support you need to navigate even the most challenging family law matters.
Contact us today for a free 20-minute consultation.
LGBTQ Divorce in Tennessee: FAQs
Can both parents in a same-sex marriage seek custody?
If both spouses are legally recognized as the child’s parents, they have equal rights to seek custody. Custody matters can become more complicated if one spouse is not legally recognized as a parent. We can help you understand your parental rights and work to protect your relationship with your child.
Will my divorce be different because I’m in a same-sex marriage?
In many ways, the divorce process is the same for LGBTQ couples as it is for opposite-sex couples. However, certain issues, such as child custody and asset division, may present unique legal challenges that require specialized knowledge. Our experienced LGBTQ divorce attorneys can help address these concerns.
How can I ensure my assets are divided fairly?
Tennessee law requires an equitable distribution of marital assets. However, ensuring fairness can depend on how assets were accumulated and whether both spouses contributed equally. We’ll work with you to ensure a fair division of assets, whether through negotiation or litigation.
Can spousal support be awarded in a same-sex divorce?
Yes, spousal support (alimony) can be awarded in a same-sex divorce. The court considers factors such as the length of the marriage, each spouse’s income, and financial needs when determining whether alimony is appropriate and how much should be awarded.
For Progressive Divorce Representation- Contact Haines Family Law
At Haines Family Law, we are committed to providing compassionate and knowledgeable representation to LGBTQ individuals seeking a divorce in Knoxville. Our local divorce lawyers understand the sensitive issues that may arise in these cases and will work tirelessly to ensure your rights are protected.
Call Haines Family Law today at 865-391-8174 or contact us online to schedule a free 20-minute consultation.
