Nashville Divorce Attorney

We understand that the only thing worse than a bad marriage is an endless divorce. Ultimately, the timeline is dependent on you. In Tennessee, even the fastest uncontested divorce requires a statutory waiting period from the date of filing a divorce—60 days without children or 90 days with children. At Rogers, Shea & Spanos, we work diligently to meet this minimum timeline if you and your spouse are in agreement. If your case is contested, we are prepared for litigation, which can take six months but can easily last over a year based on the complexity of your case and the Court’s schedule and backlog which can vary from one Court to another.  Our priority is to develop a clear strategy from day one to move your case toward a prompt and favorable resolution, whether through negotiation or court action.

Divorce is an investment in your future. The cost is driven by the level of disagreement. Our initial meeting focuses on assessing the complexity of your situation to give you a clear understanding of the financial commitment required. We aim to be highly efficient, minimizing unnecessary conflict to keep costs manageable. For high-conflict cases, we are prepared to invest the necessary time to protect your interests, and we will advise you at every step on the cost-benefit analysis of specific legal actions.  Simply put, there is no way to predict the cost of your individual case from the beginning. However, with transparent monthly billing and open communication, we can ensure that you have a full understanding for how that cost is developing along the way.

The court's standard is the "best interest of the child”.  At Rogers, Shea & Spanos, we believe the best plan is one that works for your unique family dynamic. We will meticulously help you craft a proposed Permanent Parenting Plan that focuses on stability, clear schedules, and healthy co-parenting. Whether through mediation or litigation in Davidson or a surrounding county court, we champion your right to a meaningful relationship with your children and aggressively advocate for a custody arrangement to serve their welfare and maximize your parenting time.  If your case can be settled, you and your spouse/partner will much more say in how the parenting plan will take the shape. If the case cannot be settled and moves to litigation, we will advocate for the best interests of your children and present the necessary facts the Court will need to consider.

Child support is governed by the Tennessee Child Support Guidelines, which is a complex mathematical formula. However, the calculation is often less clear-cut than it seems, especially when dealing with self-employment income, non-W-2 income, or children with special needs. We ensure that all income is properly documented and verified, that the number of overnights is correctly applied, that credits are accurately applied, and that any necessary deviations are legally justified to ensure you are paying or receiving the correct amount.

Tennessee is an equitable distribution state. This means all marital property and debt must be divided equitably, i.e.: fairly. While a fair distribution often invokes the thought of  an equal distribution, Tennessee statutes and case law are clear: equitable does not mean equal. Our firm excels at tracing assets to correctly classify them as marital or separate (non-divisible). Whether it involves high-value assets, businesses, or complex property portfolios, we conduct a thorough financial investigation to ensure every asset is accounted for and your fair share of the marital estate is protected.  Sometimes, financial matters are very complex. In those cases, we strive to identify potential problems early in the case and build the proper team including a financial expert, in order to anticipate challenges.

Alimony is one of the most contentious issues. We first evaluate your case based on the extensive list of factors the Tennessee court considers, including the length of your marriage and your relative financial needs and abilities. We then develop a strong argument for or against an award of the appropriate type of alimony (rehabilitative, transitional, in futuro). We leverage our knowledge of local judicial tendencies to present the most persuasive case possible regarding both the amount and duration of support. Tennessee law provides a long list of factors that the Court is to consider when analyzing claims for alimony; however, case law has made it clear that two factors are the most important: (1) the actual need of the person requesting alimony support, ad (2) the ability to pay support from the person who would pay the alimony obligation.

Most divorces are filed on "irreconcilable differences" (no-fault), and finalized after a signed, written agreement is reached (a marital dissolution agreement). However, settlement is never guaranteed and certainly not always possible. We advise our clients on all possible grounds for divorce and advise pursuing one of the many fault grounds (like adultery or inappropriate marital conduct) when necessary. While fault can sometimes be difficult to prove, it can sometimes impact alimony. We strategically advise you on the best grounds for filing to maximize your case based on the fact and ensure we help place you in the strongest possible legal position.

Your immediate actions are critical. We advise clients to secure all vital financial documents and establish separate banking accounts after consulting with us. If you are concerned about your spouse dissipating assets or engaging in misconduct, Tennessee law provides for a Statutory Restraining Order that is entered once you file your case and becomes effective against your spouse once you serve him or her with the Complaint for Divorce.  While the Statutory Injunction protects your financial status quo, we can seek Temporary Orders from the court for more specific orders to ensure your safety.

Retirement funds accumulated during the marriage, like 401(k)s and pensions, are marital assets. The process of dividing these requires special expertise. We work with financial experts to accurately value these assets and ensure the division is executed properly through a Qualified Domestic Relations Order (QDRO) or similar court instrument. Certain actions can turn separate property into marital property, so it is highly advisable to speak with an attorney prior to making any moves in these accounts.  Also, once the divorce is finalized, proper execution of QDROs is vital to avoid significant tax penalties in the division of certain retirement accounts. We assist in how these QDROs are handled as these technical detail need to be handled with precision to safeguard your retirement future.

Ethically, no. A divorce attorney can only represent one party because of conflicts of interests. Even in a friendly, uncontested divorce, we would represent you, the client, and draft the settlement documents (the Marital Dissolution Agreement) based on your agreement. We strongly recommend that your spouse retain independent counsel to review the agreement, although, they are not obligated to get an attorney. Our role is to ensure your interests are fully protected while the agreement is formalized, preventing future legal challenges.  We cannot ensure we are looking out for your interests if we also had to look our for your spouses interests.