Divorce Law: An Overview
Divorce law governs the legal dissolution of marriage and addresses the complex financial, emotional, and familial issues that arise when couples decide to end their marriages. Tennessee is an equitable distribution state, meaning marital property is divided fairly (though not necessarily equally) between spouses.
Key Areas of Divorce Law
Divorce attorneys in Tennessee typically handle the following matters:
Property Division: Equitable distribution of marital assets including real estate, retirement accounts, investments, and business interests.
Spousal Support (Alimony): Determining appropriate financial support for a lower-earning spouse during or after divorce.
Child Custody: Establishing parenting plans, custody arrangements, and visitation schedules that serve the best interests of children.
Child Support: Calculating appropriate financial support based on Tennessee guidelines and parental incomes.
Types of Divorce in Tennessee
Tennessee recognizes different divorce processes based on the circumstances:
Uncontested Divorce: Both parties agree on all terms including property division, custody, and support. This is typically faster and less expensive.
Contested Divorce: Spouses cannot agree on one or more issues, requiring court intervention and potentially a trial.
Collaborative Divorce: Both parties and their attorneys commit to resolving issues through negotiation rather than litigation.
Mediation: A neutral third party helps couples reach agreements outside of court.
Top 3 Divorce Law Firms in Nashville, TN
1. Miller Upshaw Family Law, PLLC
Best For: Aggressive courtroom advocacy, contested divorces, and clients seeking personalized attention and compassionate representation.
Philosophy: Results-driven representation that combines fierce courtroom skills with genuine care for clients. The firm believes in helping clients focus on solutions rather than problems while maintaining realistic expectations.
Services:
Divorce: Contested and uncontested divorces, including high-asset cases.
Child Custody: Custody disputes, parenting plans, and visitation modifications.
Child Support: Establishment, enforcement, and modifications.
Alimony: Spousal support negotiations and litigation.
Property Division: Complex asset division including business valuations.
Post-Divorce Matters: Enforcement and modification of existing orders.
Appeals: Appellate representation in family law matters.
Same-Sex Family Law: Legal services for LGBTQ+ couples.
Attorneys:
Karla C. Miller (Founding Partner): Over 20 years of experience in Tennessee family law. Known for her ability to read people and think strategically in litigation.
Rachel Sharp Upshaw (Partner): Graduated with distinction from the Cecil C. Humphreys School of Law. Over 80% of her practice is devoted to litigation.
Taylor L. Rippe: Former Family Law Staff Attorney at Legal Aid Society of Middle Tennessee. Focuses on complex divorce and family law issues.
Location: 631 Woodland St, Nashville, TN 37206 (Historic Edgefield, near courthouse with free parking)
Contact: (615) 391-4200 | nashvillefamilylaw.com
Service Area: Nashville, Franklin, Hendersonville, Brentwood, Murfreesboro, Gallatin, Lebanon, and Mt. Juliet.
Notable: Over 50 years of combined experience among attorneys. Recognized in Super Lawyers.
2. Gullett Sanford Robinson and Martin PLLC (GSRM Law)
Best For: High-net-worth divorces, complex financial cases, international family law, and clients seeking nationally recognized expertise.
Philosophy: A comprehensive approach to family law that combines sophisticated legal strategy with personalized attention. The firm has been representing families in Nashville courtrooms for over three decades.
Services:
Divorce: Complex divorces involving significant assets, business interests, and professional practices.
Premarital and Postnuptial Agreements: Asset protection planning before and during marriage.
Domestic Partnership Agreements: Legal protections for unmarried couples.
Child Custody and Support: Custody disputes and support establishment.
Spousal Support: Alimony negotiations and litigation.
Mediation and Collaborative Law: Alternative dispute resolution services.
Juvenile Court Matters: Representation in juvenile court proceedings.
Key Attorneys:
Marlene Eskind Moses: Designated as the first Family Law Specialist in Tennessee. Past President of the International Academy of Family Lawyers. Certified Fellow of the American Academy of Matrimonial Lawyers. Over 40 years of experience. Named to Forbes Advisor “Best Divorce Lawyers Nashville, TN of 2024.”
Marissa Moses Russ: Named to 2025 Lawdragon 500 Leading U.S. Family Lawyers. Active collaborative divorce practice with focus on preserving relationships while protecting financial interests.
Location: 150 Third Avenue South, Suite 1700, Nashville, TN 37201 (Downtown Nashville)
Contact: (615) 341-0070 | gsrm.com
Notable: The firm has operated for more than 80 years with 29 attorneys collaborating across legal disciplines. Multiple attorneys recognized in Mid-South Super Lawyers, Tennessee Top 100, and Top 50 Women.
3. Rogers, Shea and Spanos
Best For: Celebrity and high-profile divorces, military divorces, international custody disputes, and clients seeking certified mediators.
Philosophy: Client-centered approach combining decades of experience with personalized solutions. The firm specializes in complex cases while prioritizing clear communication and transparency.
Services:
Contested and Uncontested Divorce: Full-service divorce representation.
High-Asset Divorce: Business valuations, retirement accounts, real estate, and celebrity/professional athlete divorces.
Child Custody and Visitation: Including complex cases with special needs children.
Alimony and Spousal Support: For both paying and receiving parties.
Property Division: Expert navigation of Tennessee’s equitable distribution laws.
Prenuptial and Postnuptial Agreements: Asset protection documents.
LGBT Family Law: Dedicated services for same-sex couples and domestic partnerships.
Mediation and Collaborative Law: Rule 31 certified mediators on staff.
International Custody Disputes: Cross-border custody matters.
Key Attorneys:
Helen Sfikas Rogers (Founder): Vanderbilt graduate and National Board of Trial Advocacy certified attorney.
George D. Spanos: Decades of experience in family law litigation.
Siew-Ling Shea: Rule 31 certified mediator specializing in collaborative and mediation options.
Locations:
Nashville: Historic Wind in the Willows Mansion
Franklin: Downtown Franklin office
Contact: (888) 521-9952 | midtnlawyers.com
Service Area: Davidson, Williamson, and Middle Tennessee counties. Virtual consultations available.
- Notable: Voted #1 Divorce Lawyers in Tennessee for 2025. Over 30 years of experience handling thousands of divorce cases.
Frequently Asked Questions (FAQ)
1. How long does a divorce take in Tennessee?
Tennessee requires a mandatory waiting period of 60 days for couples without minor children and 90 days for couples with minor children before a divorce can be finalized. An uncontested divorce may be completed shortly after these waiting periods, while contested divorces can take 6 months to several years depending on the complexity of issues and court schedules.
2. How is property divided in a Tennessee divorce?
Tennessee follows equitable distribution principles, meaning marital property is divided fairly but not necessarily equally. Courts consider factors such as the length of marriage, each spouse’s contribution to the marriage, economic circumstances, and the value of separate property. Marital property generally includes assets acquired during the marriage, while separate property (pre-marital assets, inheritances, gifts) typically remains with the original owner.
3. How is child custody determined in Nashville?
Tennessee courts prioritize the best interests of the child when determining custody. Factors considered include each parent’s relationship with the child, stability of home environment, mental and physical health of parents, the child’s preference (if age-appropriate), and each parent’s willingness to facilitate a relationship with the other parent. Tennessee encourages both parents to remain actively involved in their children’s lives.
4. Do I need a lawyer for an uncontested divorce?
While not legally required, consulting with a divorce attorney is recommended even for uncontested divorces. An attorney can ensure your rights are protected, help you understand the long-term implications of your agreement, and identify issues you may not have considered. Many attorneys offer flat-fee services for uncontested divorces.
5. What is the difference between mediation and collaborative divorce?
Mediation involves a neutral third party who helps both spouses negotiate an agreement but does not represent either party. In collaborative divorce, each spouse has their own attorney, and all parties sign an agreement committing to resolve issues through negotiation without going to court. If collaborative negotiations fail and the case goes to court, both attorneys must withdraw and the parties must hire new counsel. Both options are typically less expensive and adversarial than traditional litigation.