Woodbury Divorce Lawyer

Trusted Divorce Attorney in Woodbury, TN

Divorce is often the hardest thing a person can go through. Trying to untangle your life and assets from your spouse while juggling intense emotions and having to deal with them during court proceedings can be almost impossible to do alone. An empathetic and trustworthy Woodbury divorce lawyer can help you navigate the complexities of your case with ease.

Hire a Divorce Lawyer

When facing a divorce, you need a strong legal advocate whom you can rely on. Since 2004, the attorneys at Boss Law have made it their mission to protect the legal rights of Tennessee residents facing difficult times in life. We value providing empathetic and honest legal services to new clients dealing with a variety of family law case types. Our team will evaluate your case and help you determine the next steps.

Whether you and your spouse agree on most issues or expect a contested case, we will explain your options under Tennessee law and build a plan around your goals, your finances, and your children, including in high-asset and same-sex divorces.

Divorce Laws in Tennessee

A small town with endless charm and nature to enjoy, the 2,774 residents of Woodbury know the perks of a close-knit community. However, living in a smaller town means that going through difficult family law cases can potentially make you feel like an outlier. In 2024, approximately 19% of men and 24% of women in Woodbury were divorced. It’s important to remember that no matter how isolated you may feel, you aren’t alone in this difficult time.

Often, the first step of a divorce can be the hardest for a person to take. You’ll first want to consult with and hire a divorce lawyer. They’ll be able to explain the entire legal process and give you the confidence you need to take on your case.

Before filing your case, at least one spouse has to have lived in Tennessee for at least six months, unless the grounds for divorce arose while the filing spouse was living in Tennessee (Tenn. Code Ann. § 36-4-104). Divorce cases in Woodbury are typically handled at the Cannon County Courthouse, located at 220 West Main Street. Divorce complaints are usually filed with the Clerk and Master of the Cannon County Chancery Court, which is part of Tennessee’s 16th Judicial District along with Rutherford County. Because both counties share the same judicial district and local rules, our experience in Murfreesboro divorce cases carries directly into Woodbury cases. Once you file, you and your spouse can work together with your legal counsel to resolve your divorce issues, which may include:

• The division of your property
• Spousal support payments
• Child custody and support, if applicable

Grounds for Divorce in Tennessee

Tennessee allows both no-fault and fault-based divorce. Tennessee Code § 36-4-101 lists 15 grounds for divorce. Most Woodbury couples file on no-fault grounds, but fault-based grounds can matter when one spouse will not agree to the divorce or when a spouse’s conduct is relevant to alimony.

No-Fault Grounds

• Irreconcilable differences: The most common ground. The court can grant the divorce when spouses sign a Marital Dissolution Agreement (MDA) and, if they have minor children, a Permanent Parenting Plan.
• Two-year separation: Available when spouses have lived in separate residences for two continuous years, have not cohabited, and have no minor children.

Common Fault-Based Grounds

• Adultery
• Inappropriate marital conduct (cruel and inhuman treatment that makes living together unsafe or improper)
• Willful or malicious desertion for one full year without reasonable cause
• Habitual drunkenness or drug abuse that began after the marriage
• Conviction of certain felonies
• Abandonment or refusing to provide for a spouse while able to do so

Marital fault does not affect how property is divided in Tennessee, but a court may consider the relative fault of each spouse when deciding whether to award alimony and how much.

Contested vs. Uncontested Divorce in Woodbury

An uncontested divorce is one where both spouses agree on every issue, including property, debt, alimony, custody, and child support. The agreement is written into a Marital Dissolution Agreement and, for parents, a Permanent Parenting Plan. Uncontested divorces are usually the fastest and least expensive option.

A contested divorce happens when spouses cannot agree on one or more issues. These cases involve exchanging financial information (discovery), mediation, and, if settlement is not possible, a trial where the judge decides the unresolved issues. Many contested cases still settle before trial.

How Long Does a Divorce Take in Woodbury, TN?

An irreconcilable differences divorce in Tennessee must be on file for at least 60 days before it can be heard if the spouses have no minor children, or at least 90 days if they share an unmarried child under 18 (Tenn. Code Ann. § 36-4-103). An uncontested Woodbury divorce is often finalized soon after that waiting period ends. A contested divorce generally takes longer, depending on how many issues are disputed, whether mediation succeeds, and the Cannon County Chancery Court’s schedule.

Steps in the Woodbury Divorce Process

1. Free consultation: Meet with a Boss Law attorney to review your goals, assets, debts, and any parenting concerns.
2. File the Complaint for Divorce: Your attorney files with the Clerk and Master of the Cannon County Chancery Court.
3. Serve your spouse: Your spouse is formally served, and Tennessee’s automatic injunctions take effect.
4. Exchange financial information: Both spouses disclose income, assets, debts, and retirement accounts.
5. Complete the parenting seminar: Parents attend the required parent educational seminar.
6. Negotiate or mediate: Spouses work toward a Marital Dissolution Agreement and Permanent Parenting Plan.
7. Final hearing and decree: After the waiting period, the court approves the agreement or decides disputed issues and enters the Final Decree of Divorce.

What Happens After a Divorce Is Filed? Tennessee’s Automatic Injunctions

Once a divorce complaint is filed and served, Tennessee law places automatic temporary injunctions on both spouses (Tenn. Code Ann. § 36-4-106). Until the divorce is final or the court changes the order, neither spouse may:

• Transfer, hide, borrow against, or waste marital property, except for normal living and business expenses
• Cancel, change, or let lapse any insurance policy covering either spouse or the children
• Harass, threaten, or abuse the other spouse, or make disparaging remarks about them to the children or an employer
• Destroy or damage electronic records or data
• Move the children out of Tennessee or more than 50 miles from the marital home without permission or a court order

If your spouse is threatening or abusing you, you may also need a protective order, which is separate from these automatic injunctions.

Divorce With Children in Cannon County

When Woodbury parents divorce, the court must approve a Permanent Parenting Plan that sets the residential schedule, decision-making authority, and child support. Tennessee courts base parenting decisions on the best interests of the child. Each parent must also attend a parent educational seminar of at least four hours after the divorce is filed, unless the court waives it for good cause (Tenn. Code Ann. § 36-6-408). Child support is calculated under the Tennessee Child Support Guidelines, which consider both parents’ incomes and the parenting time each parent has. We advocate for fathers’ rights and mothers’ rights equally, and we can help you modify a parenting plan or support order after divorce if your circumstances change.

What Assets Are Considered in a Tennessee Divorce Case?

In 2024, the average household income for residents of Woodbury was $58,466. The average home value was $216,400. These high-value assets need careful handling during divorce cases to make sure they stay protected.

During your divorce, you and your spouse can work together to discuss the division of your marital assets. Marital assets are anything acquired by either spouse during the duration of the marriage. This can include:

• Income
• Bank accounts and cash
• Debt
• Inheritances
• Real estate and rental properties
• Cryptocurrency
• Investment accounts
• Retirement accounts and IRAs
• Businesses
• Pets
• Vehicles
• Collections, such as high-value jewelry or watch collection
• Other personal belongings

Separate property is generally not divided. Separate property includes assets owned before the marriage and gifts or inheritances received by one spouse, even during the marriage. However, an increase in the value of separate property during the marriage can be treated as marital property if both spouses substantially contributed to its upkeep or growth, such as a business or rental home one spouse owned before the wedding. These issues often arise in a complex or high-asset divorce, and a valid prenuptial agreement can also define which assets stay separate.

Property Division Laws During a Tennessee Divorce

Property gained before marriage is typically not split during divorce, unless the asset has become mixed with a marital asset. No one gets married expecting to divorce one day. It can be nearly impossible to keep your assets truly separate from your spouse during a marriage, especially during long-term marriages.

For example, if you gained an inheritance before getting married, but then used a portion of that money to make improvements to your marital home, that money spent becomes subject to division.

If you and your spouse can’t agree on how to divide your property, the court will divide it equitably, not necessarily equally. For example, if you make a significant amount more in income than your spouse, and your spouse gave up a promotion in their career to help raise the children, they may be awarded the marital home post-divorce. Under Tenn. Code Ann. § 36-4-121(c), factors the court considers include:
• The length of the marriage
• Each spouse’s age, health, earning capacity, and financial needs
• Each spouse’s contributions to the marriage, including as a homemaker or parent
• Contributions one spouse made to the other’s education or career
• The value of each spouse’s separate property
• Each spouse’s economic circumstances after the divorce
• Tax consequences of the division

Why Woodbury Residents Choose Boss Law

• Serving Tennessee families since 2004
• Attorneys Mitchell Shannon and Abigail Burnham focus on divorce and family law
• Regular practice in the 16th Judicial District, which covers both Cannon and Rutherford Counties
• Free consultations and clear, honest guidance about cost and strategy
• Experience with mediation, uncontested divorces, and contested trials
• Proven results and client reviews from families across Middle Tennessee

Woodbury Divorce Lawyer FAQs

How Can I Avoid Going to Court During My Divorce Case?

To avoid having to go to court during your divorce case, you and your attorney can work with your spouse and their legal counsel through mediation sessions to resolve your divorce issues. These sessions allow the couple to maintain control over the outcome of their case and are confidential, quick, and less expensive than traditional courts. However, if you are unable to negotiate during mediation, the case will proceed to trial, where a judge will decide for you.

How Can a Woodbury Divorce Attorney Help Me?

A Woodbury divorce attorney can help you during every stage of your divorce case. They’ll be able to listen to the full details of your situation and your concerns, explain Tennessee’s legal process and laws in straightforward and honest terms, help you collect relevant documents and evidence for your case, file your legal claim, negotiate on your behalf during mediation, and represent your interests during court hearings, if needed.

How Is Alimony Determined During a Divorce in Tennessee?

To determine alimony during a divorce in Tennessee, the court will likely take many factors into consideration. Alimony, also called spousal support, is a financial payment made from one spouse to the other post-divorce. To decide on alimony, courts may consider the age and health of both spouses, their present and future earning potential, contributions and sacrifices each spouse made during the marriage, and the standard of living upheld during the marriage.

What Are the Different Types of Spousal Support in Tennessee?

There are several different types of spousal support that may be awarded in a Tennessee divorce case. Rehabilitative alimony is awarded to help the receiving spouse become financially independent after a period post-divorce. Long-term alimony may be awarded if the receiving spouse doesn’t have the ability to become financially independent, such as having a disability or needing to raise several children. Transitional alimony is for a fixed period, and lump sum alimony is to avoid a payment plan.

How Long Does It Take to Get Divorced in Woodbury, TN?

An irreconcilable differences divorce in Tennessee must be on file for at least 60 days before it can be heard if the spouses have no minor children, or at least 90 days if they share an unmarried child under 18 (Tenn. Code Ann. § 36-4-103). Uncontested Woodbury divorces are often finalized soon after that waiting period ends. Contested divorces usually take several months or longer, depending on the issues in dispute and the Cannon County court calendar.

Where Do I File for Divorce in Cannon County, Tennessee?

Most Woodbury residents file for divorce with the Clerk and Master of the Cannon County Chancery Court, located in the Cannon County Courthouse at 200 West Main Street, Woodbury, TN 37190. The Chancery Court is part of Tennessee’s 16th Judicial District, which also includes Rutherford County. Your attorney will confirm the correct court and filing requirements for your case.

Do I Need a Lawyer for an Uncontested Divorce in Tennessee?

Tennessee does not require you to hire a lawyer for an uncontested divorce, but having one protects you. A Marital Dissolution Agreement and Permanent Parenting Plan become binding court orders, and mistakes involving retirement accounts, the marital home, debt, or child support can be difficult and costly to fix later. A Woodbury divorce lawyer can draft or review your agreement before you sign it.

How Much Does a Divorce Cost in Tennessee?

The cost of a Tennessee divorce depends mainly on whether it is contested. Uncontested divorces with a signed agreement generally cost far less than contested cases that require discovery, expert witnesses, mediation, and a trial. Court filing fees vary by county. Boss Law offers a free consultation so you can understand the likely cost of your Woodbury divorce before you file.

Can I Get Divorced in Tennessee If My Spouse Will Not Agree?

Yes. Your spouse cannot stop a divorce by refusing to sign. If your spouse contests an irreconcilable differences divorce, you can proceed on fault-based grounds, such as inappropriate marital conduct, and the case moves forward as a contested divorce. Many contested cases still settle in mediation, and a court can grant an irreconcilable differences divorce if the spouses later sign a Marital Dissolution Agreement.

Woodbury Divorce Lawyer

Many divorces start with the intention of ending amicably, but they often turn contentious. With the support of a Woodbury divorce lawyer, you can have the support you need to confidently face the difficult road ahead. The team at Boss Law in Woodbury has the knowledge and experience you can count on. Whether you need legal counsel in English or Spanish, contact our office in Murfreesboro. Our free consultation can help you take the right steps forward.