Tennessee Divorce Laws

Tennessee divorce laws
This article will explain some of the basics of Tennessee divorce laws. In Tennessee there are a large number of grounds for divorce, so here we will try to explain simply the conditions you need to meet to file for divorce in Tennessee and what happens afterwards, in terms of child custody, child support, property distribution and other related issues.

There are a few residency requirements you have to meet before you can go ahead and file for divorce in Tennessee. First of all, if you are the one filing, you need to have been a resident of the state when the grounds for divorce took place. If this is not the case – in other words, if the reason for the divorce happened outside the state – either you or your spouse needs to have lived in Tennessee for a minimum of six months before divorce proceedings can begin.

Tennessee Grounds for Divorce
Tennessee divorce laws recognize more circumstances under which you can file for divorce than most other states, with fifteen legitimate grounds for divorce listed under Tenneessee divorce laws. Two of these are No Fault grounds, with the remaining thirteen being based on the fault of one partner in the marriage.

One of the two No Fault grounds in Tennessee is the extended separation of the spouses for over two years. The conditions of using this grounds is that the separation must have been continuous with no periods of living together in between, and there must be no minor children in the family. The other No Fault grounds is irreconcilable differences.

Apart from these, there are variety of marital faults that can lead to divorce. Amongst the most common of these are sexual failings, such as impotence or adultery. Addiction to alcohol or drugs is also included as a grounds for divorce under Tennessee divorce laws. If one spouse is imprisoned after being convicted for a felony, this can also be used as a grounds for divorce, regardless of the length of the sentence or the nature of the particular crime.

One grounds for divorce that is covered by Tennessee law is the circumstance where the wife is carrying another man’s child at the time of marriage, without the husband knowing about it. This grounds is found in some other states, but is not a standard law throughout the United States. Likewise, discovering that one spouse has a second marriage can also be grounds for divorce.

Another grounds for grounds in Tennessee is the wilful abandonment or desertion of one spouse by another for a period of 12 months or more.

When it comes to domestic violence situations, there are two grounds under which you can file in Tennessee. One is when your spouse has taken action which endangered your life. The other is when you have been subjected to cruel treatment or unsafe conduct on the part of your spouse which is not in line with marital duty. In cases where physical abuse has not occurred but one spouse deliberately makes life difficult for the other, the grounds of inflicting indignities for the purpose of making life intolerable can be cited as a grounds for divorce. There is also a general grounds that covers neglect or being refused access to your home by your spouse.

There are two more grounds for divorce in Tennessee, one of which is defined in the law as conviction of an “infamous crime,” which generally refers to felonies or any crime that is carried out by deceit. The last grounds for divorce is if a spouse refuses to move to Tennessee and is wilfully absent from the other spouse’s Tennessee home for two years or more.

Tennessee Division of Property
Marital fault is not taken into account by the court when deciding on the division of marital property in Tennessee. The court will distinguish between what is personal property and what is marital property. Property acquired before the marriage, or by inheritance, amongst other things, can thus be exempted from division. Marital property is then divided in what the court decides is a fair way between the spouses. Division is based on factors like marriage length, future possibilities for acquiring new property, and social security benefits, to name a few.

Child Custody, Child Support and Alimony
Under Tennessee divorce laws, child custody is determined according to the best interests of the child. This can depend on factors such as the bond between the children and each parent and the current living arrangements of the family prior to the divorce. In some scenarios, especially when the parent who does not win custody earns more than the custodial parent, the non-custodial parent will be ordered to pay child support for an ongoing period of time. Alimony or spousal support payments may also be required if the divorce will lead to a sudden alteration in income and lifestyle for one spouse.

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