Divorce Laws in Tennessee

Tennessee Divorce Laws: What You Need to Know

Divorce is never easy, but if you’re a resident of Tennessee, there are a few things you should know before filing. First and foremost, you must have lived in Tennessee for at least six months prior to filing for divorce. Once you’ve met this requirement, you’ll have both no-fault and fault grounds available to you.

But what does that mean, exactly? No-fault grounds mean that you and your spouse have simply grown apart and can no longer live together as a married couple. Fault grounds, on the other hand, are based on specific actions or behaviors that have caused the breakdown of your marriage, such as adultery or abuse.

Regardless of which grounds you choose, the court will carefully consider the facts of your case before granting a divorce. And if you have minor children, you’ll need to wait a bit longer – 90 days, to be exact – before your divorce can be finalized.

It’s worth noting that Tennessee has a relatively high divorce rate – 4.9% per 1,000 of the population, compared to the national median. But that doesn’t mean divorce is easy or commonplace. In fact, annulment is quite rare in Tennessee and is only granted in exceptional circumstances such as bigamy or if one or both partners are under 18.

So what happens after the divorce is finalized? If you’ve received an annulment, you’re technically considered to have never been married. But if you’ve gone through a divorce, you’re free to remarry – legally, religiously, or both.

While divorce is never an easy decision, understanding the laws and requirements in Tennessee can make the process a little bit smoother. Remember, you don’t have to go through this alone – there are resources available to help you through every step of the way.

Tennessee Divorce Laws: 

Divorce is never an easy decision, but understanding the laws in your state can make the process a little smoother. In Tennessee, there are several grounds for divorce, and navigating through them can be quite tricky. Here’s what you need to know:

• Residency Requirements: Before filing for divorce in Tennessee, you must meet certain residency requirements. If you’re the one filing, you need to have been a resident of the state when the grounds for divorce took place. If that’s not the case, either you or your spouse needs to have lived in Tennessee for at least six months before divorce proceedings can begin.
• Grounds for Divorce: Tennessee recognizes both fault-based and no-fault grounds for divorce. Fault-based grounds include adultery, desertion, conviction of a felony, and cruel and inhuman treatment. No-fault grounds include irreconcilable differences and living apart for at least two years.
• Child Custody: When it comes to child custody, Tennessee courts prioritize the best interests of the child. They consider factors such as the child’s relationship with each parent, the child’s preference (if they’re old enough to express one), and each parent’s ability to care for the child.
• Child Support: Both parents have a legal obligation to support their children financially. The amount of child support is based on a variety of factors, including the income of each parent, the number of children involved, and any special needs of the children.
• Property Distribution: Tennessee is an equitable distribution state, which means that marital property is divided fairly (but not necessarily equally) between the spouses. Property acquired during the marriage is generally considered marital property, while property acquired before the marriage or through inheritance or gift is considered separate property.

Divorce is a difficult and emotional process, but knowing the basics of Tennessee divorce laws can help you navigate it more smoothly. If you’re considering divorce, it’s important to consult with an experienced family law attorney who can guide you through the process and help you achieve the best possible outcome.

Tennessee Grounds for Divorce

When it comes to the end of a marriage, Tennessee is one state that recognizes more circumstances than most other states. In fact, there are fifteen legitimate grounds for divorce listed under Tennessee divorce laws. That’s right, fifteen! Two of these are No Fault grounds, but the remaining thirteen are based on the fault of one partner in the marriage.

• No-Fault Grounds:
  Extended separation of the spouses for over two years
  • Irreconcilable differences

Let’s take a closer look at some of the fault-based grounds for divorce in Tennessee:

• Sexual Failings: Impotence or adultery
• Addiction: Alcohol or drugs
• Imprisonment: Conviction for a felony, regardless of the length of the sentence
• Secrets: Wife carrying another man’s child at the time of marriage or discovering a second marriage
• Abandonment: Wilful desertion of one spouse by another for 12 months or more
• Domestic Violence: Endangerment of life or cruel treatment
• Inflicting Indignities: Making life intolerable for the other spouse
• Neglect: Being refused access to your home by your spouse
• Conviction of Infamous Crime: Generally refers to felonies or any crime that is carried out by deceit
• Wilful Absence: Refusing to move to Tennessee and being absent from the other spouse’s Tennessee home for two years or more

It may seem overwhelming, but understanding the grounds for divorce in Tennessee can help you make informed decisions about your marriage and future. Whether you’re experiencing sexual failings, addiction, domestic violence, or any other grounds for divorce, it’s important to seek legal guidance and support. Remember, you’re not alone in this process.

Tennessee Divorce Laws – FAQs

Divorce is a tough decision, but understanding the legal process can make it easier. Here are some frequently asked questions about Tennessee divorce laws:

• • What is a legal divorce?

Divorce, or dissolution of a marriage, is the end of a marriage. If the court declares the divorce legal, it means that each individual has legal rights pertaining to assets, liabilities, and child custody.

• • Can I file my own divorce papers in TN?

Yes, you can get free and approved forms to file, but it’s recommended to seek professional advice.

• • What is legal separation?

Legal separation is a court order stating that spouses are not living together and have resolved all property and custody issues. The difference between separation and divorce is that in separation, the spouses remain married, while divorce terminates the marriage.

• • Where should I file for divorce if I moved to another state?

According to Tennessee divorce laws, one spouse must be living in the state to claim a Tennessee divorce. You can also file a divorce in the state where you and your spouse last lived together.

• • Can I change my last name during the divorce process?

Yes, you can. According to Tennessee divorce laws, the only restriction about changing the name is that it cannot be changed for fraudulent purposes.

• • How long does a Tennessee divorce take?

After filing an uncontested Tennessee divorce, it may take about 2-6 months, including a 60-day cooling-off period, if no children are involved. In the case of children, it takes 90 days to finalize the divorce.

• • What are the complications and how much will they cost?

If your spouse has moved out to another state, you have to serve divorce papers to them out of state, which can be expensive. Serving papers might cost depending on the sheriff’s charges, which are usually $7. Publishing a notice in the newspaper might be more costly.

• • Can I represent myself in court?

Yes, you can represent yourself in court, but it’s better to hire a divorce lawyer.

• • Is child support amount changeable?

After the court has fixed the amount for child support, it can be modified under certain circumstances. According to Tennessee divorce laws, you have to file a petition for modification.

• • How does the court decide child custody issues?

Yes, Tennessee divorce laws have a law constituted expressly for handling child custody issues. If the spouses do not agree upon the child custody issue, then the court will consider the best interest of the child and other related issues and declare custody either jointly or solely.

• • What is alimony?

Alimony is the amount paid by one spouse to another to meet financial requirements.

• • What is the time period for alimony?

The spousal support can be either for a lifetime or a specified period.

• • Can I and my spouse hire the same divorce lawyer?

No, it’s not possible because according to Tennessee divorce laws, one divorce lawyer cannot represent two people at the same time in court.

• • How much does the court charge for a Tennessee divorce?

The court charges $250-$400 for a Tennessee uncontested divorce.

Knowing the answers to these frequently asked questions can help you navigate the Tennessee divorce laws more easily. Remember, seeking professional advice is always recommended to ensure that you protect your legal rights.