Best Marriage Lawyers in Nashville

About Marriage Law in Nashville, United States

Nashville is in Davidson County, Tennessee, and marriage matters there are governed by Tennessee state law together with local procedures administered by the Davidson County Clerk. State law sets the basic legal requirements for who can marry, how a marriage license is obtained and the legal consequences of marriage. Local officials handle marriage licenses and vital records while courts in Davidson County handle disputes that arise from marriage - including divorce, custody and support. Same-sex marriages are recognized in Tennessee following the U.S. Supreme Court decision in Obergefell v. Hodges, and federal constitutional principles apply alongside state statutes.

Why You May Need a Lawyer

Many people can complete routine marriage tasks without legal help. However, a lawyer is often useful or necessary in the following situations:

- Prenuptial or postnuptial agreements - to negotiate, draft, or review agreements that protect property and financial rights.

- Complex asset or business ownership issues - if one or both spouses own businesses, real estate in multiple states, retirement accounts or significant investments.

- International or immigration issues - when one party is not a U.S. citizen and immigration status or consular requirements affect the marriage.

- Contested divorces - when spouses disagree about asset division, alimony, child custody or support.

- Domestic violence or protection orders - to obtain or defend against protective orders and to ensure safety and legal rights are protected.

- Child-related matters - for custody, parenting time, child support modifications and enforcement.

- Name changes, record corrections and vital records disputes - if there are problems obtaining or amending a marriage certificate.

- Probate or estate planning concerns tied to marriage - to update wills, trusts or beneficiary designations after marriage.

Local Laws Overview

The following summarizes key local and state rules that often affect people getting married or dealing with marriage-related legal issues in Nashville.

Marriage license process - Marriage licenses are issued by the county clerk. Applicants typically must appear in person and provide government-issued identification, proof of age and residency information. There is a fee, and clerks provide information about how to complete the license and who may officiate the ceremony. Exact document requirements and fees are set at the county level and can change, so check with the Davidson County Clerk for current instructions.

Age and consent - Tennessee law sets minimum age requirements and rules for minors. Parental consent and, in some cases, judicial approval may be required for applicants under a certain age. Because these rules have changed over time, it is important to confirm current age and consent requirements with the county clerk or a lawyer.

No blood tests - Tennessee does not require blood tests to obtain a marriage license.

Who can officiate - Tennessee law permits various officials and persons authorized by the state or by religious institutions to solemnize marriages. Private individuals may also be authorized in certain circumstances. Parties should confirm that the chosen officiant is authorized to sign the marriage license.

Recognition of out-of-state marriages - Tennessee generally recognizes marriages validly performed in other jurisdictions, including same-sex marriages performed elsewhere. If a marriage was valid where it was performed, Tennessee courts commonly recognize that marriage for most legal purposes.

Common-law marriage - Tennessee historically has had limited recognition for common-law marriages formed under older rules or in other states. Tennessee does not typically permit the creation of new common-law marriages within the state, but it may recognize properly formed common-law marriages from other states. If common-law status is an issue, legal advice is recommended.

Prenuptial and postnuptial agreements - Tennessee enforces premarital and postmarital agreements under state statutes when certain formalities and fairness standards are met. These agreements can govern property rights, support issues and other financial matters, but they must be written and signed to be enforceable.

Divorce and property division - Tennessee allows no-fault divorce on the basis of irreconcilable differences, and also provides fault-based grounds. Property division in Tennessee follows the equitable distribution principle - courts divide marital property fairly, which is not always equal. Separate property and marital property are treated differently.

Alimony and spousal support - Courts may award temporary or long-term spousal support based on a range of factors that include the length of the marriage, each spouse's income and earning capacity, and the standard of living established during the marriage.

Child custody and support - Courts decide custody and parenting time based on the best interests of the child. Tennessee has statutory child support guidelines that use parents' incomes and other factors to calculate support amounts. Modifications and enforcement are available through the family courts.

Protective orders - Victims of domestic violence can seek civil protective orders through Tennessee courts. Criminal charges may also be possible in incidents of domestic violence. An attorney can advise on the best course for safety and legal protection.

Frequently Asked Questions

How do I get a marriage license in Nashville?

Apply at the Davidson County Clerk office. Both parties generally must appear in person with government-issued photo identification and any documents showing prior divorce or death of a former spouse, if applicable. Pay the required fee. The clerk will complete the license and provide instructions on where it must be filed after the ceremony.

What identification or documents are required?

Typical requirements include a valid photo ID such as a driver license or passport, proof of age, and documentation of the termination of any prior marriages - usually a final divorce decree or death certificate. Specific document lists and acceptable forms of ID are available from the county clerk.

Is there a waiting period or expiration for the marriage license?

Waiting periods and license validity periods vary by state and county. Some places have no waiting period while others require a short delay between issuance and solemnization. Similarly, licenses usually expire after a set time if not used. Confirm the current waiting period and expiration term with the Davidson County Clerk.

Who can perform my marriage ceremony?

Authorized officiants include religious clergy, judges and others authorized under Tennessee law. In some cases, a friend or family member can be authorized to officiate. Make sure the person performing your ceremony is legally permitted to sign the license so the marriage will be recognized.

Can minors get married in Tennessee?

State law regulates the minimum age and any required parental or judicial consent. Because these rules are subject to legislative change, check with the Davidson County Clerk or consult an attorney for current age and consent requirements.

Do I need a lawyer to prepare a prenuptial agreement?

It is not legally required to have a lawyer to create a prenuptial agreement, but having independent counsel is highly recommended. Courts scrutinize fairness and disclosure, and an attorney helps ensure the agreement is valid, enforceable and tailored to your situation.

Will Tennessee recognize my out-of-state marriage?

Generally, Tennessee recognizes marriages that were validly performed in other states or countries. If there is a question about validity - such as age or capacity issues where the marriage occurred - consult a lawyer to review the facts and possible legal consequences.

How does divorce work in Nashville?

Divorce filings occur in the appropriate Davidson County court. Tennessee allows no-fault divorce and fault-based grounds. After filing, courts address temporary orders, asset and debt division, spousal support, custody, parenting time and child support. If spouses can agree, negotiated settlements or mediated agreements can avoid prolonged litigation.

How are child custody and parenting time decided?

Tennessee courts decide custody based on the best interests of the child. Factors include the parents' ability to provide for the child, the child's relationship with each parent, the child's needs and any history of family violence. A parenting plan outlines custody and visitation schedules.

What should I do if I need emergency protection from an abusive partner?

If you are in immediate danger, call emergency services. For legal protection, you can seek a civil protective order from a Tennessee court that can provide temporary restraints on an abuser and address custody or residency matters. An attorney, domestic violence advocate or the clerk can explain how to request a protective order and related resources for safety planning.

Additional Resources

Below are types of offices and organizations that can help with marriage-related legal matters in Nashville:

- Davidson County Clerk - issues marriage licenses and maintains local marriage records and vital records for the county.

- Tennessee Department of Health - state office that maintains official birth, death and marriage records and provides guidance on obtaining certified copies.

- Tennessee Code Annotated - the state statutes that include laws on marriage, divorce, custody, adoption and related matters - useful for understanding the statutory framework.

- Davidson County Circuit and Chancery Courts - the courts that handle family law cases in the county, including divorce, custody and support matters.

- Tennessee Administrative Office of the Courts - provides information about court procedures and self-help resources.

- Tennessee Bar Association and Nashville Bar Association - professional organizations that can help you find a lawyer who practices family law.

- Legal Aid Society of Middle Tennessee and the Cumberlands and other local legal aid organizations - provide low-cost or free legal assistance for those who qualify.

- Domestic violence shelters and advocacy groups - for information on safety planning, emergency shelter and help with protective orders.

Next Steps

If you need legal assistance related to marriage, follow these steps to move forward in an organized way:

1. Identify your immediate need - Are you getting married and need a license? Do you need a prenup? Are you facing a divorce, custody dispute or domestic violence issue? The type of help you need will shape your next steps.

2. Collect documents - Gather identification, birth certificates, prior marriage or divorce decrees, financial documents including pay stubs, tax returns, bank statements, property deeds and retirement account statements. These will be useful whether you visit the county clerk or meet with an attorney.

3. Contact the Davidson County Clerk for marriage licenses - Ask about current requirements, fees, hours and any specific documentation needed.

4. Consider a consultation with a family law attorney - Prepare a list of questions and bring your documents. Ask about the attorney's experience with marriage-related matters, fee structure, likely timelines and possible outcomes. Many attorneys offer a brief initial consultation - some free and some for a fee.

5. Explore alternatives to litigation - If appropriate, consider mediation, collaborative law or negotiation to resolve disputes in a less adversarial and often less expensive way.

6. Take safety precautions if you face domestic violence - Prioritize your personal safety. Contact local law enforcement, a shelter or a domestic violence hotline, and seek legal help to obtain protective orders.

7. Keep records - Maintain copies of all legal papers, court filings, agreements and communications with legal professionals. Accurate records make it easier to resolve disputes and to protect your rights.

If you are unsure where to start, reach out to a local family law attorney or a legal aid organization to discuss your circumstances and options. Legal rules change over time and a local attorney can provide the most current, case-specific advice.