Divorce laws vary from state to state, so if you are seeking a divorce
in Tennessee, it is important to be aware of the state’s own individual
laws so that you can know what to expect. To file for divorce in Tennessee,
at least one spouse must be a legal resident of the state for at least
six months prior to filing.
Grounds for Divorce in Tennessee
Tennessee is a mixed state. This means that you can use fault or no-fault
grounds to seek a divorce. Examples of fault-based reasons for divorce
include adultery, cruelty (including physical and emotional abuse), and
abandonment, while examples of no-fault-based reasons for divorce include
irreconcilable differences or incompatibility. If a couple has been separated
for more than two years, this can also be considered grounds for a no-fault divorce.
Tennessee is a state that practices equitable division when apportioning
the amount of property each spouse receives following a divorce. Each
spouse is the owner of any income that they contributed during the marriage,
as well as any property that is under their name. However, during a divorce,
this property becomes marital, and the judge will divide all property
and assets in a manner that is equitable, but not necessarily equal.
Child Custody & Support
It is usually always desirable to aim for joint custody arrangements so
that the children of divorcees can continue to have healthy relationships
with both parents. Taking into account the unique circumstances of each
case, the judge will decide how living arrangements and visitation schedules
are to be made, as well as any other details pertaining to the time-share
that are in the best interests of the child.
Both parents are legally obligated to financially support their children
after a divorce, regardless of custody and visitation arrangements. Child
support payments are determined based on the income level and resources
of each parent, the amount of time that the child spends with each parent,
and any unique needs the child might have associated with their care.
Because higher income typically means higher child support payments, non-custodial
parents may attempt to purposely lower their income to avoid paying higher
amounts of child support. In this case, courts may impute income from
a parent who is below their earning capacity in order to ensure that they
are fairly fulfilling their obligation of care to their child.
Are you considering a divorce in Tennessee? It is best to get in touch
with a trusted divorce attorney in order bring you to a resolution as
smoothly and swiftly as possible.
Contact Martin Sir & Associates today to get started.