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Casey, Simmons & Bryant, PLLC Casey, Simmons & Bryant, PLLC
Jackson 731-256-0023 Clarksville 931-683-0070
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FAQ

Frequently Asked Questions

Tennessee Divorce & Family Law Information

If you are going through a divorce or dealing with a stressful family law issue, it is important that you find a reputable firm to represent you. Having the right attorney on your side can make a marked difference in the outcome of your case. At Casey, Simmons & Bryant, PLLC, we are here to answer your questions and ensure you make the best decisions for you and your family.

If you would like to set up a free consultation, please give us a call today. Proudly serving families in Clarksville, Jackson, and throughout Tennessee. 

  • Do I have to take a parenting class or seminar to get divorced?
    As you may have heard from friends or relatives, the State of Tennessee now has a law requiring divorcing parents to attend a mandatory parenting seminar prior to being divorced. The seminar may be taken in person at an approved provider, or in some instances, it may be taken online. The organization hosting the parenting seminar will charge a fee for the seminar, which is usually between $35.00 and $50.00. That fee must be paid by you and your spouse to that organization. Most parenting seminar providers do not require divorcing parents to attend the same class session; therefore, you and your spouse may go on different days and times if you wish. Once you and your spouse have taken the required parenting seminar, you will each receive a certificate of completion. That certificate must be filed with the court where your divorce is being filed.
  • Why should I hire an attorney for a divorce case?
    Having a divorce lawyer representing you in all hearings and litigation is important. You want to ensure that you are not being taken advantage of and that all matters are handled fairly.
  • I'm worried about losing my assets in divorce, what can I do?
    If you are involved in a high-asset divorce, there may be particular assets that you are worried about losing. We can work with you to ensure your assets are divided fairly or equitably.
  • Can I gain custody of my children?
    If you are concerned about getting primary or joint custody of your children, this is something we can address as we prepare your case. Ultimately, the decision will be up to the judge during litigation.
  • Can the same attorney or law firm represent both parties in an uncontested or no-fault divorce?
    Clients often ask if our firm can represent both parties in a divorce action, and the answer is no. A divorce, even when uncontested, is an adversarial proceeding, with a Plaintiff and a Defendant. We cannot represent both parties, because our allegiance is to our client. If you would like a more detailed explanation, please feel free to call our offices or submit an inquiry on our contact us page.
  • What information will I need to bring to my attorney to file for divorce?
    There is certain statistical information that must be included in a Complaint for Absolute Divorce in Tennessee. The form below lists the required information that will be needed to draft your Complaint for Absolute Divorce. Please feel free to print the form and fill it out prior to coming for your appointment. Click here for the statistical form.
  • What is mediation, and will my spouse and I have to go through mediation prior to getting divorced?

    Mediation is a process in which both parties meet, ordinarily at the mediator’s office, and a mediator goes back and forth between the parties in an attempt to resolve any disputed issues involved in the divorce. The process may or may not involve attorneys. You may be in the same room with your spouse, or you may be kept in separate rooms. Mediation is a voluntary process, where the parties ultimately have all the decision making authority. The mediator is not a judge, and he or she cannot and will not make a decision for you; they are simply a neutral party trying to facilitate settlement between you and your spouse.

    Mediation is ordinarily not involved in uncontested or no-fault divorce cases, because the parties have agreed, or intend to agree, on all of the issues. Under certain circumstances, a pre-filing mediation may be utilized to attempt to make a potentially contested divorce uncontested.

    If your divorce is contested, you will almost certainly be required to attend mediation prior to a final hearing or trial of your case.

  • How are alimony payments calculated?
    There are many different factors considered in whether alimony is awarded and how much will be awarded. This includes the length of marriage, what each party contributed, and each party's income.
  • What is alimony, and will it be involved in my divorce case?
    Alimony is a form of support paid from an advantaged spouse to a disadvantaged spouse. Generally, there are four types of alimony in Tennessee, including alimony in solido, rehabilitative alimony, transitional alimony, and alimony in futuro. Whether you can make a successful claim for alimony largely depends on two key factors: Need & Ability to Pay. The spouse who makes less money must have a need, which is almost always the case, and the spouse who makes more money must have the ability to pay. You will have an opportunity to discuss alimony options with your attorney at the initial consultation.
  • Will I be entitled to child support payments?
    In most cases, the primary custody holder can receive child support payments from the other parent based on need. There are specific factors considered to ensure you receive the fair amount of child support.
  • What is child support based on?

    A party’s child support obligation is based upon a number of factors, as set forth in the Tennessee Child Support Guidelines.

    Some of those factors include:

    • The number of days each parent is spending with the child(ren);
    • Both parents’ gross incomes;
    • Any amounts spent by either parent for health insurance for the child(ren);
    • Any amount spent by either parent for childcare for the child(ren);
    • Other biological children from prior relationships living in either parent’s home;
    • Other biological children from prior relationships for whom either parent is paying child support to another parent.

    Child support computations are made using a Microsoft Excel Worksheet, which is available for no cost online. For more information about child support, please feel free to call our offices or submit an inquiry on the contact us page.

  • What are the ground for divorce in the State of Tennessee?
    There are a number of grounds for divorce in the State of Tennessee; however, most divorces are filed on the grounds of Irreconcilable Differences, otherwise known as an uncontested or no-fault divorce, and Inappropriate Marital Conduct, which might encompass too many behaviors to mention here. Our attorneys can further explain the different grounds for divorce at your initial consultation, or if you would like more information about grounds, please feel free to make an inquiry on our contact us page.
  • How much is a divorce in TN?
    At Casey, Simmons & Bryant, we understand that every divorce case is unique and that what works for one client may not work for the next. We offer reasonable flat-fee pricing for no-fault or uncontested divorces, and we offer reasonable retainer fees for contested divorces. We would be happy to discuss fees and payment arrangements with you at your initial consultation. If you have specific questions about costs that you would prefer answered prior to making an appointment, simply fill out the information request form on the Contact Us page. Someone will respond to your questions shortly.
  • How long will it take to get a divorce?
    In Tennessee, there are mandatory waiting periods in divorce cases, which are sixty (60) days if there are no minor children and ninety (90) days if there are minor children. These waiting periods begin the day the divorce papers were filed with the court. There are no exceptions to the waiting period. After the allotted time, the divorce proceedings can begin. However, the length of time it will take for the process to finish is unique to every situation.

What You'll Get

Here's our promise to every client:
  • Caring Counsel
    At our firm, we understand that you are going through a difficult time. We will guide you through this process with compassion and experience.
  • Personalized Approach
    We understand that every case is unique. Our firm provides personalized attention and unique strategies for each case in order to achieve the most favorable results.
  • Fierce Advocacy
    When you work with our firm, you will have advocates on your side that are ready for any circumstances and are not afraid to take your case to trial to secure favorable results.
  • Decades of Experience
    Our firm offers more than 40 years of combined legal experience to advocate for you. Each of our attorneys will bring their insight and to your case.

Client Reviews

Strongly Recommended by Clients & Colleagues
    "He fought for me and each time won my case. He was humble, understanding and compassionate."
    After meeting him in person I knew he was who I wanted to represent me in a child custody case and later in an adoption case. He responses quickly, effectively and in a timely manner whenever I had a question. He fought for me and each time won my case.
    - Ashley R.
    "Don’t wait any longer if you need someone great, Mr. Bryant will definitely get the job done!"
    First and foremost I want to start by saying how incredible Mr. Daniel Bryant has been for my family, especially my husband Caius. He has been my husband’s attorney for years and has helped him beat multiple cases even by getting them dismissed and expunged. We’re more than thankful for all the hard work he has done and would definitely recommend to anyone looking for an amazing attorney!!! Don’t wait any longer if you need someone great, Mr. Bryant will definitely get the job done!
    - Raven B.
    "I am extremely confident that the truth will continue to prevail with Mr. Casey on our side arguing for it."
    Simply outstanding! Not only is my particular case extremely complex and emotionally taxing for both myself, AND everyone involved (including counsel), but Mr. Casey had literally HOURS to prepare for a crucial motion to be heard, as I hired him at 4 pm for a 9 am court date. This proved to be the best decision we could have ever made! His exemplary presentation of the truth, combined with his calm yet laser-focused attention to what was being presented from the other side was not only impressive but was also what resulted in me being able to spend very precious and valuable time with my daughter. While this case is not yet over, I am extremely confident that the truth will continue to prevail with Mr. Casey on our side arguing for it. Thank you, Mr. Casey!
    - Daniel M.
    "Mr. Bryant was caring, honest, and very professional throughout my entire case."
    Hands down recommend Mr. Bryant for family law cases. Mr. Bryant was caring, honest, and very professional throughout my entire case. He is very responsive, confident, and truly dedicated to his work.
    - Corinne A.
    "Mr. Bryant has been the best attorney I have ever hired."
    Mr. Bryant has been the best attorney I have ever hired. He handled my case in a very professional manner. And once it was over, I felt like a huge weight had been lifted off of my shoulders. If you need help in Clarksville, TN contact this law office!
    - Mitch P.
    "Mr. Daniel Bryant was absolutely one of the best lawyers I had..."
    On my first time to deal with hiring a lawyer from overseas, I was scared and a little skeptical. Mr. Daniel Bryant was absolutely one of the best lawyers I had to deal with. Very professional, patient, clear on explaining things, quick on answering back beside the time difference, easy to work with, human and humble. I would highly reccomend him and definetely hire him again if needed, it is difficilt to find reliable lawyers.
    - Micol
    "Please choose wisely and call Mr. Casey today!!!"
    My ex-wife got our Arkansas visitation changed from Arkansas to Tennessee. She was asking to reduce my visitation days and requesting an absurdly increased amount in child support. I contacted George Michael Casey for consultation. He was very professional, extremely knowledgeable of the law and his customer service is impeccable. Mr. Casey always returns calls and responds to emails promptly. His review of how the case would probably turn out was perfect. I actually got more visitation days and the increase in child support was minimal. If you do not utilize Mr. Casey's expert professional services then you are choosing the wrong attorney. Please choose wisely and call Mr. Casey today!!!
    - William C.
    "I was able to relax through the process, Kortney Simmons is the best!"
    I was a nervous wreck simply considering divorce because of the horror stories I've heard. Kortney leveled the playing field, she was upfront and honest about the pros and cons but assured me she was interested in MY BEST INTEREST. Kortney's professionalism felt personal as if I were more than just a paying client. And because of that, I was able to relax through the process, Kortney Simmons is the best!
    - Former Client

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