Tennessee Laws for Filing a Divorce

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    • Divorce laws in Tennessee cover every aspect of the dissolution of marriage. Parties must determine property distribution, spousal support, child custody and child support. While it is possible to file for divorce without the assistance of an attorney, a divorce lawyer can ensure you are represented fairly.

    Residency

    • The petitioner for the divorce must be a resident of Tennessee when the grounds for divorce arise. If the grounds for divorce arose outside Tennessee, either the petitioner or the respondent must be a resident of the state for six months before the divorce filing. The paperwork must be filed in the county in which both the petitioner and the respondent reside if both reside in the same county. Otherwise, the paperwork can be filed in either the petitioner's or the respondent's county of residence.

    Grounds

    • In Tennessee, grounds for divorce can be no-fault, which means the divorce is not the fault of either spouse, or they can be based on the fault of one party. Generally, a no-fault designation is applied to divorces that result from irreconcilable differences or when the spouses have been physically separated for at least two years and have no minor children.

      The grounds for a divorce in which fault is assigned include impotence, adultery, bigamy, imprisonment, abandonment, alcoholism or drug addiction, a wife's pregnancy by another man without the husband's knowledge prior to the marriage, cruel and inhuman treatment or a threat by a spouse to take the other spouse's life.

    Property

    • In Tennessee, marital property is divided equitably between the spouses regardless of marital fault. This does not mean that property is divided equally, but instead it is divided fairly. If both parties can agree on property division, the court usually does not object. If the parties cannot agree, the court divides the property for them.

      Each spouse keeps his separate property, which is property acquired by a spouse prior to the marriage or received as a gift or inheritance. Property obtained from income or appreciation of separate property is also considered separate property.

      Marital property us divided equitably. Marital property is property acquired and maintained by both spouses during the marriage. Retirement benefits are also considered marital property in Tennessee.

    Child Custody and Support

    • Divorce laws in Tennessee are geared to minimize trauma to the children. If spouses cannot determine child custody on their own, the court determines custody arrangements. The primary considerations in the court's decision are stability for the child and whether spousal or child abuse has occurred. The court may order the child to speak with experts in mental health.

      Child support determinations are based on an income percentage formula. Physical, emotional and education needs of the child are considered, and the non-custodial parent is bound by court order to the amount determined by the court.

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