Divorce Lawyers In Knoxville And Sevierville You Can Trust

Last updated on April 28, 2025

People get divorced for hundreds of different reasons. Their lives change and, as their many interests grow, they find they have simply outgrown their spouse. Other times, the situation is more complex and emotional. Whatever the case in your divorce, a qualified divorce lawyer at McKinnish Law Group, can help you reach a legal end to your marriage.

Tennessee’s Divorce Laws

Going through a divorce can be overwhelming, especially with the legal steps and requirements involved. Whether you live in Knoxville, Sevierville or elsewhere in Tennessee, understanding the process is key to protecting your rights and reaching a fair outcome.

Residency Requirements

From meeting residency rules to choosing between a no-fault divorce and a fault-based divorce, each decision matters. Working with an experienced divorce lawyer can make the process clearer and less stressful. To start a divorce in Tennessee, you must meet the state’s residency requirements.

• You or your spouse must have lived in Tennessee for at least six months before filing.
• If the grounds for divorce (such as adultery or abuse) occurred within Tennessee, the six-month rule may not apply.

Residency can be established through voter registration, utility bills, driver’s licenses or other proof of a permanent dwelling such as a signed lease or mortgage document. It is wise to check with a local divorce attorney in Knoxville or Sevierville to confirm that you meet all filing requirements before moving forward.

Waiting Period (AKA “Cooling-Off” Period)

Once you file, Tennessee imposes a waiting period, often called a cooling-off period, before your divorce can be finalized. This mandatory pause gives couples a chance to rethink their decision. The waiting period length depends on whether minor children are involved:

• If there are no minor children, the waiting period is 60 days.
• If you have minor children together, the period extends to 90 days.

Even in straightforward cases like a no-fault divorce, you cannot finalize the divorce until the cooling-off period ends. Working with a divorce lawyer during this time can help you prepare all necessary documents so you are ready once the court allows the next steps.

No-Fault Vs. Fault-Based Divorce

When filing for divorce, you will need to decide whether to pursue a no-fault divorce or a fault-based divorce. The no-fault divorce option is available when both spouses agree that the marriage is broken beyond repair, often citing irreconcilable differences.

No-Fault Divorce

There is also the possibility of filing after living in separation for at least two years, provided there are no minor children. The no-fault divorce route offers:

• A quicker, more amicable process
• Lower legal costs
• Less emotional strain

Fault-Based Divorce

If one spouse’s behavior led directly to the breakdown of the marriage, you might opt for a fault-based divorce instead. Grounds for this type of divorce include:

• Adultery
• Habitual drunkenness or drug abuse
• Abandonment
• Physical or emotional cruelty

Choosing between a no-fault divorce and a fault-based divorce can affect property division, alimony and custody arrangements. Our experienced divorce attorney can guide you in picking the approach that best serves your situation.

Filing a fault-based divorce requires presenting evidence in court, such as witness testimony, financial records or private investigator reports. While it can lead to more favorable settlements for the wronged party, it also brings higher legal costs and longer proceedings.

Uncontested Vs. Contested Divorce

Another important decision is whether the divorce will be a contested divorce or an uncontested divorce.

Uncontested Divorce

In an uncontested divorce, both parties agree on all major issues, such as:

• How to divide property and debts
• Child custody and support
• Alimony payments (if any)

On the other hand, an uncontested divorce tends to move through the courts quickly, saving time, money and emotional energy. However, if you and your spouse cannot agree on one or more critical issues, you will face a contested divorce.

Contested Divorce

A contested divorce involves:

• Mediation sessions or settlement negotiations
• Filing discovery motions to exchange evidence
• Potential court hearings or a full trial

Because a contested divorce can grow complex very quickly, it is essential to have a skilled divorce lawyer in Knoxville or Sevierville ready to protect your interests. Our lawyers can provide strategic guidance on the way forward, making the process less strenuous.

Even in a contested divorce, many cases settle before reaching a full trial. Negotiations with the help of skilled attorneys often lead to compromises that spare both sides from the emotional toll and public exposure of courtroom battles. However, preparing as though the case will proceed to trial is vital to secure the best possible outcome.

Legal Separation

Finally, it is worth mentioning that separation can play a role even before a formal divorce is filed. Living apart, especially when documented properly, can be grounds for a no-fault divorce after two years. Couples who are legally separated can draft agreements on important issues like finances and parenting time, easing the eventual divorce process.

In Tennessee, legal separation is a legal process that allows couples to remain married while resolving financial and parental responsibilities. Some couples choose separation instead of immediate divorce for religious reasons, insurance coverage or personal preference. A separation agreement can later be incorporated into a final divorce decree, making the final process smoother.

How We Can Help

The divorce attorneys of McKinnish Law Group, focus on resolving complex divorce issues. Many of our clients have amassed marital property and need legal assistance to divide shared assets.

• Home
• Vacation properties
• Other real estates
• Jewelry and collectibles
• Businesses
• Stocks and bonds
• Retirement accounts, IRAs and other financial property

This kind of property division really requires the care and skill of a qualified legal advocate, which is the only kind you will find at our law firm. We strive to help people divide marital property but are also ready and willing to fight to protect their interests.

Meet with us, and share your divorce needs, including child custody matters, calculation of child support, the possibility of spousal support and other family law goals. Together, we will formulate an effective transition strategy and prepare for the legal process.

When You Are Ready To File For Divorce, We Are Here.

A big legal step forward is filing for divorce. This milestone marks the first official declaration of the intention to end your marriage. From this point forward, you and your attorney will work together and in conjunction with your spouse’s legal counsel to reach a legal resolution.

Collaborative

Contested

Uncontested

The type of divorce you have directly influences the kind of legal strategy needed to reach a settlement agreement in your favor. Our attorneys are experienced with all of these legal mediums and help you overcome any challenges your divorces present. We diligently help you prepare to file for divorce and make sure we have fully prepared to achieve your legal goals.

Contact Our Divorce Lawyers Today

If you are facing divorce in Knoxville, Sevierville or anywhere in Tennessee, the experienced team at McKinnish Law Group is ready to help. With over 20 years of combined experience, our divorce lawyers are committed to protecting your future.

Call 865-229-9854 or email our office to schedule an appointment with one of our divorce lawyers.