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What You Need to Know About Divorce in Tennessee

On Behalf of | Jul 10, 2015 | Divorce, Family Law

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.

Property Division

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.