Chattanooga Divorce Lawyer Offers Dedicated Representation
Experienced, trusted counsel for divorcing couples in Tennessee
A divorce invariably leads to significant changes in your life, including adjustments to your finances, living arrangements, your family arrangement, and the amount of time you spend with your children. At Daniel K. Habenicht, PLLC, we guide you through each step of your divorce proceeding, reducing your anxiety and helping you plan for the future. Our lawyer is committed to being accessible to you throughout your case and prompt in answering your calls.
At our firm, we handle both uncontested and contested divorces. In Tennessee, most uncontested divorces are no-fault divorces. In an uncontested divorce, the parties agree on all of the issues including alimony, child support, child custody, and property division. A no-fault divorce can be issued for irreconcilable differences or because the parties have been separated for at least two years and have no children. Contested divorces most often fall under traditional fault-based grounds. The Tennessee Code lists a number of permissible fault-based grounds for divorce including:
- Impotence at the time of marriage
- Willful or malicious desertion for one year or more
- Conviction of certain crimes or felonies
- Attempted murder of the other spouse
- Alcohol or drug abuse
- Cruel treatment
How is marital property divided in Hamilton, Bradley, Marion and Sequatchie counties?
The standard for the division of marital property is the same throughout Tennessee: equitable distribution. An equitable distribution, however, is not necessarily equal, but it is fair. In Tennessee, judges have enormous discretion as to what fair means. Therefore, it is important to have an attorney who can negotiate with your spouse to come to an agreement or advocate for your interests persuasively before a judge. Judges take many factors into consideration when determining equitable distribution:
- Length of marriage
- Age, health and financial needs of both spouses
- Contributions each spouse made to the marriage
- The value of each spouse’s separate property
- Each spouse’s ability to support himself/herself
The benefits of a mediated divorce
Mediated divorces are less contentious, less expensive, achieved more quickly, and often result in better outcomes than litigated divorces. And when children are involved, it’s even more important to reduce conflict between parents who should put the best interests of their kids first.
As both a skilled litigator and a Rule 31 Listed Mediator, Daniel K. Habenicht can take a flexible approach to each divorce case he handles. Rule 31 Listed Mediators have been found by the Tennessee Alternative Dispute Resolution Commission to meet certain standards in education, work experience and training. In mediation, Daniel K. Habenicht seeks to facilitate an agreement between the parties on issues such as property division, custody, and support to avoid lengthy and costly litigation. But, when acting as an attorney, he will not hesitate to go to court to secure his client’s best interest.
Put our experience to work for you in your divorce proceeding
When divorce is changing everything in your life, you shouldn’t have to wait days for the answer to a legal question. At Daniel K. Habenicht, PLLC, we remain accessible throughout your case and always return your calls promptly. To schedule a meeting, please call us at 423-756-3650 or contact us online.