Divorce is a lawsuit unlike any other our clients will ever experience.
Marriage is a contract that must be legally dissolved through a court of law, but divorce is unique - it is at varying times an emotional, legal, and even business transaction that you conduct with the person you promised to spend your life with; only now that person has become your legal adversary. All of this occurs at the emotional center of your world and involves the family the two of you have created together. Separating the life you promised to build together while navigating the legal process required to complete this separation can be one of the most stressful experiences our clients ever endure.
Each of the attorneys at Butler, Sevier, Hinsley & Reid, PLLC has a family. Some of our attorneys have personally experienced divorce. Each attorney will approach your case not only as a legal transaction with the combined experience and skill of over fifty years of practice dedicated to family law; but also with the emotional intelligence that allows our clients to complete the process of divorce with dignity while minimizing the stressful toll a divorce can take on a person.
Divorces are typically completed by following two different paths – either through litigation in a trial at Court, or through settlement. Our attorneys regularly advocate for completion of your divorce through settlement if possible, however we understand that everyone is unique and for some clients concluding a divorce through trial is the only viable option.
Divorce in Tennessee
In the state of Tennessee, statute dictates that a Complaint for Divorce must be on file in a court of record for sixty days if there are no minor children, and ninety days if there are minor children, before a Court can declare the parties divorced.
If you or your spouse are successful in settling your divorce without the necessity of trial, it will be because the two of you have reached resolution through mediation, collaborative divorce, or other settlement mechanism, and have both executed a contract known as a Marital Dissolution Agreement, and if the two of you have minor children, an agreed upon Permanent Parenting Plan Order. The form for Permanent Parenting Plans, accessible at http://www.tsc.state.tn.us/programs/parenting-plan/forms , is mandated by the State of Tennessee and created and maintained by the Administrative Office of the Courts.
Our firm has experienced trial attorneys who regularly practice in Shelby County, Fayette County and Tipton County.
Divorce in Mississippi
Much like the process of divorce in Tennessee, Mississippi requires that a Complaint for Divorce be on file in a court of record for sixty days before a court can grant a divorce. If the parties are able to resolve all of their issues, they will put their agreement into a written document called a Property Settlement Agreement. The Property Settlement Agreement resolves all the issues relevant to that particular divorce, ranging from property division, alimony, child support, child custody and visitation and much more. If the parties are unable to reach an agreement, the Court will hold a trial and make decisions based on statute and case law.
- Irreconcilable Differences. If both parties consent, a divorce can be granted on the grounds of irreconcilable differences. The parties can either resolve all of their issues by agreement or they may choose to submit particular disputed issues to be decided by the court.
- Fault Based Grounds. If both parties do not agree to an irreconcilable differences divorce, then a party must prove one of the following thirteen fault based grounds.
- Natural impotency.
- Sentenced to any penitentiary.
- Desertion for one year.
- Habitual drunkenness.
- Habitual and excessive use of opium, morphine or other like drug.
- Habitual, cruel, and inhuman treatment.
- Mental illness at the time of the marriage.
- Kinship within the prohibited degree.
- Incurable mental illness.
BSHR attorneys regularly practice family law in DeSoto County, Tate County, Panola County, Grenada County, Marshall County, Lee County, Tunica County, Lafayette County and many other counties in Mississippi.