Murfreesboro Divorce Lawyer
Divorce Lawyer Murfreesboro, TN
If you are facing a divorce in Murfreesboro, you are dealing with more than just paperwork. There are questions about your children, your house, your retirement accounts, and what your life will look like on the other side. Those questions deserve real answers from someone who handles these cases regularly.
Patterson Bray PLLC has been representing Tennessee families in divorce and family law matters for over 20 years. Our Murfreesboro, TN divorce lawyer can help you understand your rights, protect your interests, and move through the process as efficiently as possible.
Why Choose Patterson Bray PLLC for Divorce in Murfreesboro, TN?
A Dedicated Family Law Division
Austin T. Rainey is a partner and heads Patterson Bray’s family law division. He handles divorce, child custody, alimony, and property division cases throughout Middle Tennessee. Austin earned his B.S. in Civil Engineering from Clemson University in 2009 and his J.D. from the University of Memphis Cecil C. Humphreys School of Law in 2012. He is admitted to practice in Tennessee, Mississippi, the United States District Courts for the Western and Middle Districts of Tennessee, and the United States Courts of Appeals for the Sixth and Eighth Circuits.
Austin has been recognized by the 27th through 32nd Editions of Best Lawyers in America in the area of Personal Injury Litigation, and by the 30th through 32nd Editions in Commercial Litigation. He was also named to the National Academy of Family Law Attorneys Top 10 Under 40 in 2017 and 2018, and received the 2017 Tennessee Supreme Court Attorneys for Justice Pro Bono Service Award. Austin is a member of the Tennessee Bar Association and the Memphis Bar Association.
As a family lawyer in Murfreesboro, TN, Austin brings both the analytical background of an engineer and the courtroom experience needed to handle complex divorce cases.
A Firm That Understands What Is at Stake
Divorce affects everything. Your finances, your parenting time, your home. A poorly negotiated settlement or a weak courtroom strategy can have consequences that last for years. We take the time to understand the full picture before advising you on a path forward.
Patterson Bray has been recognized as a Tier 1 law firm by U.S. News & World Report. That kind of recognition reflects consistent performance across a range of practice areas, including family law.
Client-Centered Representation
⭐⭐⭐⭐⭐ “A great experience working with the attorneys and staff at Patterson and Bray. They exceeded our expectations throughout the process.” — Mike Farnsworth
Read more reviews on our Google Business Profile.
Types of Divorce and Family Law Cases We Handle in Murfreesboro
Patterson Bray represents clients across the full range of divorce and family law matters in Murfreesboro, TN. Here is what we handle.
- Contested divorce. When spouses cannot agree on key issues like property division, custody, or alimony, the case goes to trial. We prepare thoroughly and advocate aggressively when negotiation fails.
- Uncontested divorce. When both spouses agree on all terms, we draft the marital dissolution agreement and guide you through the court process. Even an uncontested divorce requires proper documentation to protect your interests.
- Child custody. Tennessee uses the “best interest of the child” standard to determine custody. We help clients build strong cases for the parenting schedule that serves their children’s needs.
- Alimony. Tennessee courts consider multiple factors when awarding spousal support, including the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage.
- Property division. Tennessee is an equitable distribution state. That means marital property is divided fairly, not necessarily equally. We help identify, classify, and value assets so you receive what you are entitled to.
- Prenuptial agreements. If you are getting married and want to protect certain assets, a prenuptial agreement created before the wedding can save significant conflict later.
- Post-divorce modifications. Circumstances change after a divorce is finalized. If you need to modify custody, child support, or alimony, we can help you petition the court.
- Parenting plans. Tennessee requires a Permanent Parenting Plan in every divorce involving minor children. We draft plans that address residential schedules, decision-making authority, and holiday time.
Tennessee Legal Requirements for Divorce
Tennessee has specific statutory requirements that govern every divorce, and understanding them early in the process can save time and prevent mistakes.
To file for divorce in Tennessee, at least one spouse must have been a resident of the state for six months before filing, under T.C.A. § 36-4-104. The complaint is typically filed in the county where the parties last lived together, where the defendant resides, or where the plaintiff resides if the defendant is a non-resident.
Tennessee recognizes both fault-based and no-fault grounds for divorce under T.C.A. § 36-4-101. The most common no-fault ground is irreconcilable differences, which requires both parties to agree. Fault-based grounds include adultery, inappropriate marital conduct, abandonment for one year, habitual drunkenness, and several others. The choice of grounds can affect alimony but does not affect property division.
There is a mandatory waiting period before a divorce can be finalized. For couples without minor children, the waiting period is 60 days from the date of filing. For couples with minor children, it is 90 days. During this time, mutual restraining orders automatically go into effect under T.C.A. § 36-4-106, prohibiting both parties from dissipating marital assets.
Property division follows T.C.A. § 36-4-121. Courts classify all property as either marital or separate, then divide the marital property equitably based on a list of statutory factors. These include the duration of the marriage, each spouse’s contribution to marital property, the economic circumstances of each party, and whether either spouse dissipated marital assets.
When children are involved, the court must approve a Permanent Parenting Plan and determine custody based on the best interest of the child under T.C.A. § 36-6-106. Tennessee courts consider 17 factors, including each parent’s relationship with the child, past parenting performance, and the child’s need for stability.
Important Aspects of a Divorce Case in Murfreesboro
Property Division Is Not Always 50/50
Tennessee’s equitable distribution standard means the court divides marital property fairly based on specific factors. That could be a 50/50 split. Or it could be 60/40 or 70/30, depending on the circumstances. Separate property, which includes assets owned before the marriage, inheritances, and gifts, is generally not divided. But commingling separate assets with marital funds can change their classification. This happens more often than people expect. A spouse deposits an inheritance into a joint checking account, or uses premarital savings to renovate the family home. Once those funds are mixed, tracing them back to their source becomes critical. We help clients document the origins of their assets and present the evidence needed for a fair division.
Child Custody Requires a Parenting Plan
Every divorce with minor children requires a Permanent Parenting Plan. The plan must address where the child lives, who makes major decisions about education, healthcare, and religion, and how holidays and vacations are divided. Tennessee courts do not favor one parent over the other based on gender. Custody is determined entirely by best interest factors, and both parents are encouraged to maintain active involvement.
Alimony Depends on Multiple Factors
Tennessee courts have broad discretion in awarding alimony. There are several types, including transitional alimony (to help a spouse adjust), rehabilitative alimony (to support education or training), and alimony in futuro (long-term support in longer marriages). The court considers the length of the marriage, each spouse’s earning ability, contributions as a homemaker, and any fault grounds. Not every divorce involves alimony. We evaluate your situation and advise you on what to expect.
Retirement Accounts Require Special Handling
Dividing retirement accounts in a Tennessee divorce requires a Qualified Domestic Relations Order, or QDRO. This court order directs the retirement plan administrator to transfer a portion of one spouse’s benefits to the other. Without a properly drafted QDRO, you could face tax penalties and lose access to funds you are entitled to. We work with financial professionals when needed to make sure retirement assets are handled correctly.
Protecting Your Interests During the Waiting Period
Once a divorce is filed, Tennessee’s mandatory injunctions prevent both spouses from hiding, transferring, or destroying marital assets. Violating these orders carries serious consequences. We advise clients on what they can and cannot do during this period and take immediate action when the other side violates the injunction.
Estate Planning Updates After Divorce
Most people don’t think about their estate plan during a divorce, but they should. Tennessee law automatically revokes certain beneficiary designations to a former spouse upon divorce, but it does not cover everything. Wills, trusts, powers of attorney, and healthcare directives all need to be updated after divorce to reflect your new circumstances.
Contact Patterson Bray PLLC
If you need a divorce attorney in Murfreesboro, TN, Patterson Bray PLLC is ready to help. We handle every aspect of the divorce process, from initial filing through trial if necessary. Whether your case involves complex property, custody disputes, or straightforward terms that both parties have agreed to, we can guide you through it.
Contact us to schedule a consultation. We serve clients throughout Murfreesboro, Rutherford County, and the greater Middle Tennessee area.