Knoxville Family Law Attorneys - Barnes & Fersten
Experienced Family Law Attorneys In Tennessee
Facing a divorce or custody battle in Knoxville, TN?
The family law attorneys at Barnes & Fersten offer strategic representation for divorce cases throughout East Tennessee.
Barnes and Fersten represents individuals and families in Knoxville and throughout East Tennessee in divorce, child custody, parenting plan, child support, alimony, property division, modification, enforcement, and order of protection matters. We help clients understand their rights, evaluate their options, and make informed decisions at every stage of a case. Whether your matter can be resolved through negotiation or requires litigation in court, our attorneys focus on practical solutions and effective advocacy tailored to your circumstances.
Family Law Services
Every family law case is different. Some clients need help ending a marriage, while others are trying to protect their relationship with their children, resolve a financial dispute, or enforce an existing court order. Barnes and Fersten helps clients identify the issues that matter most and develop a strategy suited to their circumstances.
Divorce
We represent clients in contested and uncontested divorces and address property, debt, support, and parenting arrangements.
Child Custody & Parenting Plans
We help parents develop workable parenting plans and resolve custody disputes with the child's best interests as the focus.
Child Support
We assist with establishing, modifying, and enforcing child support and disputes concerning income and other relevant issues.
Alimony
We represent clients seeking spousal support and those who may be required to pay it.
Property Division
We help clients identify, value, and equitably divide marital assets and debts.
Modifications & Enforcement
We assist with modifying existing orders and enforcing court orders when the other party is not in compliance.
How Divorce Works in Tennessee
A Tennessee divorce begins with the filing of a complaint. The case may involve property division, debts, alimony, parenting time, and child support. After proper notice, the parties exchange financial information and may address temporary issues. Many cases settle through negotiation or mediation. If significant issues remain unresolved, the court may decide them after a hearing or trial.
1. File Complaint
One spouse files for divorce and the other spouse is served.
2. Exchange Information
Financial documents and other information are exchanged.
3. Address Temporary Issues
Many cases settle through negotiation or mediation.
4. Negotiate or Mediate
Many cases settle through negotiation or mediation.
5. Hearing or Trial
If needed, the court will hear evidence and decide issues.
6. Final Decree
The court enters the final divorce order resolving all issues.
⚖️ How Tennessee Courts Decide Child Custody
When parents cannot agree on custody or a parenting schedule, a Tennessee court must make decisions based on the best interests of the child. The court considers the circumstances of the individual family rather than simply deciding which parent “wins” custody. Tennessee law also directs courts to establish arrangements that allow both parents the maximum participation possible in the child’s life, consistent with the child’s best interests and the applicable statutory factors.
There is no single factor that determines the outcome of every custody case. Instead, the court considers a range of circumstances relevant to the child and each parent. Depending on the case, these can include:
- The strength and stability of the child’s relationship with each parent
- Each parent’s past and potential future performance of parenting responsibilities
- Each parent’s willingness and ability to encourage a healthy relationship between the child and the other parent
- The child’s emotional and developmental needs
- The stability and continuity of the child’s home, school, and community life
- Each parent’s ability to provide necessary care
- The mental and physical fitness of the parents as it relates to parenting
- The child’s relationships with siblings and other important people
- Evidence of physical or emotional abuse
- Each parent’s work schedule
- The reasonable preference of a child who is 12 or older, although the court may also hear the preference of a younger child in appropriate circumstances
- Other facts the court considers relevant to the child’s best interests
Tennessee courts evaluate these considerations in light of the particular facts of the case. A child’s preference, for example, can be considered but does not give the child the unilateral right to decide where to live.
Frequently Asked Questions
Tennessee law generally requires a divorce case to be on file for at least 60 days if the spouses do not have an unmarried child under 18 and at least 90 days if they do. These are minimum waiting periods, not guaranteed completion dates. Contested cases involving custody, property, alimony, or other disputed issues can take considerably longer.
Not necessarily. Tennessee does not impose one universal period of separation that every married couple must complete before a divorce can be filed. The requirements depend in part on the grounds for divorce and the circumstances of the case. Tennessee also permits divorce based on irreconcilable differences when the statutory requirements for that ground are satisfied.
No. Tennessee does not automatically require an equal division of parenting time in every case. Courts determine parenting arrangements based on the child’s best interests. Effective July 1, 2026, Tennessee law also requires courts to consider whether the parenting schedule provides each parent a meaningful opportunity to participate in the child’s life, consistent with the child’s best interests.
A child’s preference can be considered, but the child does not make the final custody decision. Tennessee law specifically recognizes the reasonable preference of a child who is 12 or older, and a court may hear the preference of a younger child upon request. The child’s preference remains only one consideration in the broader best-interest analysis.
Tennessee uses an Income Shares approach to child support. The calculation considers the parents’ combined adjusted gross income, the number of children, and other information required under the Tennessee Child Support Guidelines. Because income, parenting time, insurance, childcare, and other circumstances can affect the calculation, the amount is not necessarily the same in every family.
There is no automatic rule that one spouse always receives the marital home. The court must first determine how the property should be classified and then equitably divide the marital estate under Tennessee law. The home’s value, equity, financing, other marital assets and debts, and the circumstances of the spouses can all become important issues.
No. Alimony is not automatically awarded in every divorce. Tennessee recognizes several forms of spousal support, and whether support is appropriate depends on the circumstances of the parties and the marriage. Courts may consider financial need, ability to pay, earning capacity, the length of the marriage, property division, and other statutory considerations when determining an appropriate award.
Potentially. Parenting arrangements may be modified when the legal requirements for changing an existing parenting plan are satisfied and the requested change is consistent with the child’s best interests. Child support may also be modified when the requirements of Tennessee’s Child Support Guidelines are met, including the applicable significant-variance standard.
Speak With a Knoxville Family Law Attorney
Family law decisions can affect your children, your finances, and your future for years to come. Having clear legal guidance can help you understand your options, avoid unnecessary mistakes, and make informed decisions about what comes next.
Barnes and Fersten represents clients in Knoxville and throughout East Tennessee in divorce, child custody, child support, alimony, property division, modifications, enforcement matters, and orders of protection. Whether you are preparing to file a case, responding to one, or dealing with a dispute after an existing order has been entered, our attorneys are ready to help you evaluate your situation and determine the next step.
Contact Barnes and Fersten today by calling 865-805-5703 or filling out our contact form to schedule a consultation with a Knoxville family law attorney.
